Heart Mountain Gymnastics

183 Blackburn Street, Cody, WY 82414

AGREEMENT AND LIABILITY WAIVER

In consideration of use of the facilities of Wyoming Sport and Fitness, LLC, DBA Heart Mountain Gymnastics, the person participating in the activity and, if such person is a minor, his/her parents and/or guardians, hereinafter collectively referred to as “Participant”, hereby voluntarily agrees and contracts as follows, which shall constitute a full and complete agreement between the Parties. No agreements exist outside of this Agreement.

This Agreement (hereafter referred to as Agreement) is between Participant and Wyoming Sport and Fitness, LLC DBA, Heart Mountain Gymnastics (hereafter referred to as HMG).

Participant agrees and contracts that the term of this Agreement is applicable to, and for the duration of, any and all class(es) for which the participant is enrolled.

Registration and Payment

The duration of a class is from 4 to 16 weeks and is set forth in the class description. Participant agrees and contracts to pay for class fees at the time of enrollment and in advance of participating in such class. If payment is not received, or if the payment type is invalid (e.g., a returned check, declined credit card, etc.), the Participant will not be allowed to participate in the class until valid payment has been made.

A $25 charge will be assessed for any returned checks.

Class capacity is allocated on a first-come, first-serve basis. If class registrations exceed class capacity, priority will be given according to the order in which payment was received from the registrants. A refund will be issued if a registrant has paid but is unable to participate because class capacity has been exceeded.

Class tuition will not be refunded, and no credit will be given for missed classes or nonattendance. Make-up classes may be possible, but must be completed within 30 days and are subject to availability. However, tuition may be carried over to a subsequent session if HMG is provided a physician’s written note stating why the student is unable to participate during the current session.

Students enrolled in a preschool session are registered on a trial basis. Preschool students must meet the following requirements: (i) student must be able to stand quietly in line, (ii) student must be toilet trained, and (iii) student must be able to take instruction. If the student is unable to meet these requirements, HMG may discontinue the student’s participation in the class. In such case, tuition will be refunded for the remaining classes in the session.

Marketing Release

The student’s likeness may be used in ads, promotional videos, website material, and/or various other marketing materials of HMG. These images will be used for HMG purposes only, and will not be sold or given to outside companies or individuals. Participants who desire to opt out of this provision must inform the Operations Manager of HMG.

Liability Waiver

DISCLAIMER: WYOMING SPORT AND FITNESS, LLC, DBA HEART MOUNTAIN GYMNASTICS (“HMG’), IS NOT RESPONSIBLE FOR ANY INJURY (OR LOSS OF PROPERTY) TO ANY PERSON WHILE PRACTICING, TRAINING, TAKING CLASS, COMPETING, PARTICIPATING IN OPEN GYM, SPECIAL EVENTS, DEMONSTRATIONS OR SHOWS, OR IN ANY OTHER WAY INVOLVED IN GYMNASTICS, CHEERLEADING OR TEAMS AT HMG FOR ANY REASON WHATSOEVER, INCLUDING NEGLIGENCE ON THE PART OF HMG, ITS OWNERS, OFFICERS, AGENTS OR EMPLOYEES.

In consideration of their participation, the person participating in the activity and, if such person is a minor, his/her parents and/or guardians, hereinafter collectively referred to as “Participant”, hereby releases and covenants not to sue HMG, the HMG members and officers, and any of their employees, teachers, coaches, independent contractors or agents from any and all present and future claims resulting from the negligence of HMG, or others listed for property damage, personal injury or wrongful death, arising as a result of Participant engaging in or receiving instruction in gymnastics, cheerleading, personal training, specialty sport training, group fitness classes or any other activities or any activities incidental thereto, wherever, whenever or however the same may occur. Participant hereby voluntarily waives any and all claims resulting from negligence, both present and future, that may be made by Participant, Participant’s family, estate, heirs or assigns.

Further, Participant is aware that gymnastics and cheerleading are vigorous sporting activities involving height and rotation in a unique environment and as such they pose a risk of injury. Participant understands that gymnastics, cheerleading and related activities always involve certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage and serious injury to virtually all bones, joints, muscles and internal organs and that the mats, pits and other safety equipment and apparatus provided for Participant’s protection, including the active participation of a coach or teacher who will spot or assist in the performance of certain skills may be inadequate to prevent serious injury. Participant understands that participation in gymnastics and related activities involves activities incidental to active participation in gymnastics, including conditioning, stretching and other activities which may leave Participant vulnerable to the reckless actions of other participants who may not have complete control over their actions or knowledge of the risks involved and hereby agree to accept the inherent risks of property damage, personal injury or death.

Participant further agrees to indemnify and hold harmless HMG, and any others listed for any and all claims arising as a result of Participant engaging in or receiving instructions in HMG, activities or any activities incidental thereto, whenever, wherever or however the same may occur.

Additionally, in consideration of the City of Cody, Wyoming, providing gymnastics equipment for Participant’s own use, Participant forever waives any and all claims they may have, whether now or in the future, against the City of Cody, Wyoming, its elected officials, agents, representatives, employees and officers (collectively “the City”) arising out of Participant’s use of the gymnastics equipment provided by the City to HMG. Participant signs this waiver on behalf of themselves, their heirs, successors and assigns.

PARTICIPANT FOREVER WAIVES ALL CLAIMS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, LOSS, HARM, PERSONAL INJURY, DEATH, AND ALL OTHER DAMAGES OF ANY KIND ARISING OUT OF THE USE OF GYMNASTICS EQUIPMENT provided by the City to HMG. Participant understands that by signing below, they represent, promise and covenant that THEY WILL NOT SUE THE CITY FOR ANY CLAIMS OF ANY KIND, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, LOSS, HARM, PERSONAL INJURY OR DEATH ARISING OUT OF PARTICIPANT’S USE OF THE GYMNASTICS EQUIPMENT PROVIDED BY THE CITY. Participant understands that the City has provided gymnastics equipment to HMG for a modest rental rate, which allows for greater participation by individuals, families and others in the programs offered by HMG, and that Participant’s family and Participant are benefitting from the City’s equipment, and that Participant is agreeing to this waiver and release in consideration for the City making such equipment available in this manner and in consideration of HMG providing gymnastics, cheerleading, personal training, specialty sport training, group fitness classes or any other activities or any activities incidental thereto.

Participant understands that this waiver is intended to be as broad and as inclusive as permitted by the laws of the State of Wyoming and agrees that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. Participant further agrees that the venue for any legal proceedings shall be within the State of Wyoming.

This Release does not waive any acts of reckless or intentional misconduct of HMG and/or its members, employees, agents and independent contractors.

Participant affirms that they are freely signing this agreement. Participant has read this form and fully understand that by signing this form, they are giving up legal rights and/or remedies which may be available to them for the ordinary negligence of HMG, or any person listed above.

Governing Law & Attorney’s Fees

Applicable Law: This Agreement shall be governed by the laws of the State of Wyoming, regardless of the residency of the Participant.

Attorney’s Fees: If legal action is initiated by HMG against Participant for any violation of this Agreement, whether with or without suit, Participant shall be solely and individually responsible for all attorney’s fees and costs, including court costs, associated with the legal action.