WAIVER OF LIABILITY, ACKNOWLEDGMENT AND ASSUMPTION OF RISK AGREEMENT
THIS AGREEMENT is made between Zing! For Kids, LLC ("Zing!") and the parties named below, including the legal parent or guardian of the child (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall include the child’s parents or guardian if child is under 18 years of age).
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives knowingly and voluntarily enter into this agreement and hereby waive any and all rights, claims or causes of action of any kind arising out of or related to my participation in any and all events or activities provided by Zing!.
RELEASE. THIS WAIVER OF LIABILITY, ACKNOWLEDGMENT, AND ASSUMPTION OF RISK AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF NEW YORK AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. I hereby certify that, on my own behalf and on behalf of my child, fully understand that there is risk of personal injury to my child in participating in play-based activities and other physically active games through the programs provided by Zing!. I am aware that my child is engaging in physically active games and/or play-based activities which could result in his/her injury. I am voluntarily allowing my child to participate in these activities and assume all risks of injury that may result. Zing! has given full and adequate opportunity to ask questions and obtain a full and complete explanation of the risks of the activity. I personally, and on behalf of my child, agree to hold no individual or corporation responsible or liable for any injuries that my child receives on account of these activities, including but not limited to Zing! or its officers, employees, agents, aides, instructors, insurers, successors, or assigns (hereinafter "Releasees").
I hereby agree to waive any claims or causes of action against and to hold harmless said Releasees for any injuries or damages which my child suffers or might suffer as a result of the conduct of any person during or in conjunction with said physically active games or play-based activities Zing! and its officers, employees, subcontractors, agents, therapists, aides, or instructors will make no formal evaluation whether my child is sufficiently fit for any exercise or activity. I agree that my child is able to participate in physically active games and play-based physical activities program and that it will not be detrimental or inimical to his/her health, safety, comfort, or physical condition and that of others if he/she participates in said activities.
I agree to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney fees and any related costs. I acknowledge that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. For all classes,
I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment, field or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. Both participant and Zing! For Kids agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted altering or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
TERMS FOR PARTICIPATION. By signing this agreement, I, on behalf of myself and my minor child(ren), agree to each of the following:
I am hereby voluntarily participating in physical exercise that can be strenuous and subject to risk of serious injury during private sessions, group classes, or special events.
I understand that it is my responsibility to evaluate carefully all risks inherent participation. Zing! urges you to obtain a physical examination from a doctor before beginning any exercise or training program. You agree that participating in these physical exercise programs is at your own risk. I recognize that exercise is not without some risk to the musculoskeletal system (e.g. sprain, strain) and cardiorespiratory system (e.g. dizziness, fainting, abnormal heartbeat, discomfort in breathing, abnormal blood pressure response, and in rare instances, heart attack or stroke). I acknowledge that not all risks can be known in advance.
I and my minor child(ren) agree to follow and comply with all safety rules and procedures provided by Zing! In this agreement or otherwise. Zing! reserves the right to ask those acting inappropriately to leave for that day.
I will not bring infectious children to participate in Zing! events or activities. If a child is ill, he/she will not be allowed to participate in the class. Parent or guardian voluntarily assumes full responsibility for the risk that I or my child or other family members may be exposed to or infected by COVID-19 or other communicable diseases, among other risks, and that such exposure or infection may result in personal injury, illness, permanent disability, death or other damages or expenses. I understand that the risk of becoming exposed to or infected by COVID-19 or other communicable diseases or other risks of accident or injury may result from the actions, omissions, or negligence of others.
I understand that I must have a parent, legal guardian, or caregiver stay in the facility, park, or room & co-supervise for the entire duration of the Activity.
In the event that my child should require medical care or treatment, I authorize Zing! to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel.
PHOTO AND VIDEO RELEASE: I hereby grant Zing! permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web- based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Zing! and will not be returned. I hereby irrevocably authorize the Zing! to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. Your signature on this agreement constitutes a full release including relinquishing rights to receipt of gratuities or royalties immediately or in the future. IF I DO NOT WISH TO PERMIT ZING! TO USE MY CHILD IN PHOTOS/VIDEOS, I MUST EMAIL HELLO@ZING-KIDS.COM, OR LET THE INSTRUCTOR KNOW BEFORE THE START OF CLASS.