The individual named below (referred to as “I” or “me”) desires to participate in tumbling, cheerleading, fitness, and related activities and programs (the “Activities”) provided by Capital Elite All Stars, LLC (“Company” or “you” or “your”). In consideration of being permitted to participate in the Activities, and in recognition of Company’s reliance hereon, I agree to all the terms and conditions set forth herein.

I fully acknowledge, understand, appreciate and agree, that the Activities are potentially dangerous activities that involve inherent risks, including risks of serious bodily injury, including permanent disability, paralysis and death, property damage, and/or financial loss, which may be caused by my own actions, or inactions, those of others participating in the Activities, the conditions in which the Activities take place, or the negligence of the Releasees named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activities. I further acknowledge, understand, appreciate and agree that my participation in the Activities may result in possible exposure to and illness from infectious diseases, including, but not limited to, MRSA, Influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others and assume full responsibility for my participation and exposure.

I represent that I understand the nature of the Activities and that I am qualified, in good health and in proper physical condition to participate in such Activities. I acknowledge that if I have any medical conditions or experience any symptoms that would interfere with my ability to participate in the Activities, or which would expose others to any infectious diseases, or believe event conditions are unsafe or I am unable to safely perform any activity, I will immediately discontinue participation in the activity. I agree to follow all instructions, recommendations, and cautions of the Company at all times. Prior to participating in any Activities, I agree to inspect the premises upon which the Activities are to occur and, to the extent I determine such premises are not suitable for the Activities, I agree that my sole remedy is to not participate in such Activities. To the extent I participate in any such Activities, I agree that I have inspected the premises, determined the premises to be suitable for such Activities, and accept such premises in their AS-IS/WHERE-IS condition.

I hereby expressly waive and release, discharge, and covenant not to sue Capital Elite All Stars, LLC, its members, managers, administrators, directors, agents, officers, volunteers, employees, contractors, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of the premises on which the Activities takes place, (each considered one of the “RELEASEES” herein) from any and all liability, claims, demands, losses, and damages, whether now or hereafter known (“Claims”) on my account caused or alleged to be caused in whole or in party by the negligence of the RELEASEES or otherwise, including, but not limited to, any negligent rescue operations, and further agree that if, despite this release, waiver of liability, and assumption of risk, I or anyone on my behalf, makes a Claim against any of the RELEASEES, I will indemnify, defend, and hold harmless each of the RELEASEES from and against any and all losses, liabilities, damages, or costs, including reasonable attorneys’ fees, which any may incur as the result or is otherwise related to any such Claim.

I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, and I understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that if any portion of this Agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.

PARENTAL CONSENT
If the participant in the Activities is a minor, I, hereby covenant and promise that I am the minor’s parent and/or legal guardian, and on behalf of myself and the minor, understand the nature of the above referenced Activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such Activities. I further understand the risk of exposure to injury and/or infectious diseases, for myself and my child, as a participant, spectator at events, classes or our presence at the facility. I hereby release, discharge, covenant not to sue and AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS each of the RELEASEES from and against any Claims on the minor’s or my account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including, but not limited to injury, negligent rescue operations, and/or exposure to infectious diseases and I further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a Claim against any of the above RELEASEES, I WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the RELEASEES from any litigation expenses, attorney fees, loss liability, damage, or cost which any RELEASEE may incur as the result of any such claim.