Event Waiver

Each KidStrong location is independently owned and operated.  KidStrong Franchising, LLC is not responsible for and does not control the daily operations of an independently owned and operated franchised location.

READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF, AND AGREEMENT TO BE BOUND BY, ITS TERMS. BY SIGNING THIS AGREEMENT, YOU (AND YOUR CHILD) ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE KIDSTRONG LOCATION THAT YOU ATTEND, KIDSTRONG FRANCHISING, LLC, AND THEIR OWNERS, OFFICERS, EMPLOYEES, AND AGENTS. If you wish, you may consult your own legal advisor before signing this Agreement.

1.  Assumption of Risk. In consideration for allowing my minor child to participate in the KidStrong programs, parties, camps and classes consisting of progressive, physical exercise (the “KidStrong Programs”), and on behalf of myself, my child, and our personal representatives, heirs, next-of-kin, spouses, and assigns, I acknowledge and agree to the following:
1. I am aware that there are significant risks involved in all aspects of physical training for my child and myself.  I understand that the reaction of the heart, lungs and vascular system to exercise cannot always be predicted with accuracy.  I understand that there is a risk of certain abnormal changes occurring during or following exercise which may include, but not limited to: abnormalities of blood pressure or heart rate; chest, arm or leg discomfort; transient light-headedness or fainting; rhabdomyolysis falls, and in rare instances, heart attack, paralysis, stroke or even death. I understand that the KidStrong Programs and classes offered by each KidStrong location are of a nature and kind that are extremely strenuous and can/may push my child to the limits of his/her physical abilities. These risks include but are not limited to falls which can result in serious injury or death, injury or death due to negligence on the part of my child, my child’s training partner (including myself), or other people around my child (including myself), injury or death due to improper use or failure of equipment.  I am aware that any of these above-mentioned risks may result in serious injury or death to my child and/or my child’s partner (including myself).
2. I have voluntarily chosen to have my child participate in the KidStrong Programs. I willingly assume full responsibility for any and all risks that I am exposing my child and myself to as a result of my child’s and my participation in the KidStrong Programs and classes and accept full responsibility for any injury, illness, or death that may result from participation in any activity, program or class. I certify that I know of no medical problems that would increase my child’s or my risk of illness and injury as a result of participation in a fitness program designed by this KidStrong location.  I understand that questions about exercise procedure and recommendations are encouraged and welcome.
3. I agree to abide by and follow any instructions or rules established by this KidStrong location and any of its employees, trainers, teachers, or coaches.
2.  Waiver and Release: I acknowledge that my child and I receive material benefit from the KidStrong Programs and classes and, in consideration, I fully and completely, to the fullest extent permitted by law WAIVE, RELEASE, and DISCHARGE KidStrong Franchising, LLC and this individually owned and operated KidStrong location, and their owners, employees, and other authorized agents, from and with respect to any and all liability, claims, damages, losses, expenses, demands, suits, actions, fines, and/or judgments, including but not limited to attorneys’ fees, court costs, and litigation expenses (collectively the “Claims”) related to or arising from, directly or indirectly, in whole or in part, the KidStrong Programs and classes, including but not limited to injury, illness, disability, death, property damage, or the negligence of KidStrong Franchising, LLC or this individually owned and operated KidStrong location, or their owners, employees, and other authorized agents.

    

   NOTE: THE FOLLOWING PARAGRAPH ONLY APPLIES TO INDIVIDUALS PARTICIPATING IN THE KIDSTRONG PROGRAMS WITHIN THE STATE OF CALIFORNIA:
   

    

   I WAIVE ALL RIGHTS UNDER §1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND ALL SIMILAR LAWS OF ANY JURISDICTION, PROVIDING:  “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  Being fully informed of this provision of the Civil Code, I waive any rights under that section, and acknowledge that this Agreement extends to all claims I have or might have against KidStrong Franchising, LLC or this individually owned and operated KidStrong location, or their owners, employees, and other authorized agents, whether known or unknown.
3. Indemnification: I agree that neither I, my family, heirs, successors, assigns, or anyone claiming any interest through me or my child, will bring any legal action whatsoever against KidStrong Franchising, LLC or this individually owned and operated KidStrong location, or their owners, employees, and other authorized agents including independent contractors or volunteers as a result of any damage, injury, paralysis, loss, or death to my child, myself or any other person that arises out of my child’s or my participation in KidStrong Programs, activities, or classes. I agree to hold harmless and indemnify KidStrong Franchising, LLC and this individually owned and operated KidStrong location, as well as their owners, employees, and other authorized agents including independent contractors and volunteers for any and all claims, including attorneys' fees and costs, that may be brought against any of them by anyone claiming to have been injured as a result of any injury, including death, to my child, myself or my property that may occur as a result of participation in the KidStrong Programs, activities, or classes.
4. Photo/Video Release: I grant this KidStrong location permission to use my child’s photograph/video image in any and all publications for this KidStrong location, including web site entries, without payment or any other consideration in perpetuity. I hereby authorize this KidStrong location to edit, alter, copy, exhibit, publish or distribute all photos and images. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my child’s photo appears. I waive any right to royalties or other compensation arising or related to the use of the photograph or video images. I hold harmless and release and forever discharge KidStrong Franchising, LLC and this individually owned and operated KidStrong location, as well as their owners, employees, and other authorized agents including independent contractors from all claims, demands, and causes of action that I, my child, my heirs, representatives, executors, administrators, or any other persons acting on my behalf, on behalf of my child, or on behalf of my estate may have or may have by reason of this authorization.
5. I am the parent, legal guardian or adult responsible for the minor named above.  As used herein, the term “my child” may refer to a child that I am not the parent or legal guardian of, but that I am responsible for at the time of signing this Agreement.  If I am not the parent or legal guardian of the minor child named above, I have received express consent from the minor’s parent or legal guardian to sign this Agreement on their behalf. I have the permission, authority and legal right to consent to and, by signing below, I consent and agree to the terms of this Release And Waiver Of Liability, Assumption Of Risk And Indemnity Agreement.  I have read and understand the foregoing assumption of risk and release of liability and I am signing it freely. I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person or damage to property caused by my child or me. I understand that by signing this form I am waiving valuable legal rights. No other representations concerning the legal effect of this document have been made to me. 
   
   This Agreement is governed by the laws of the state or province in which the KidStrong location that you attend is physically located, without regard to its conflict of laws principles. The exclusive venue for any action arising out of or relating to this Agreement will be the state, provincial or federal courts located in or serving the individual KidStrong location that you are attending.