ASSUMPTION OF RISK AND RELEASE OF LIABILITY
I hereby consent to my/my minor's (the "Participant") participation in sports and fitness, including cheer, tumbling, and/or wrestling (the "Activities") for which I have registered the Participant at the Midcoast Athletics Center (the "MAC") and acknowledge that I fully understand that participation in the Activities may involve risk of injury, including permanent disability or death, losses which may result not only from Participant's own actions, inactions or negligence, but also from the actions, inactions, or negligence of others, and the condition of the facilities, equipment, or areas where the Activities are being conducted. I understand that if I have any risk concerns, I shall discuss them completely with the MAC coaches or staff before I sign this agreement and before participation in the Activities begin.
I certify that the Participant is physically fit, has sufficiently prepared or trained for the Activities, and has not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude the Participant's participation in the Activities.
Further, I am aware that cheerleading, gymnastics, and wrestling are vigorous sporting activities involving height and rotation in a unique environment, and as such pose the risk of injury. I understand that gymnastics, cheerleading, wrestling, 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 protections, including the active participation of the Instructor, who may spot or assist in the performance of certain skills, may be inadequate to prevent serious injury. I understand that participation in cheerleading, gymnastics, and related activities involves activities incidental to active participation in cheerleading and gymnastics, including moving from event to event, conditioning, stretching, and other activities which may leave the Participant vulnerable to the reckless actions of other participants who may not have complete control over their actions or who may not see other participants in the gym. I acknowledge that participation in the Activities are voluntary, I understand the risks involved, and hereby agree to accept any and all inherent risks of property damage, personal injury, or death.
Knowing and understanding the risks involved with participation in the Activities, I hereby voluntarily and willingly assume full and complete responsibility for all losses and damages, including injury and death, resulting from Participant’s participation in the Activities, including transportation to and from the activities. I agree I am financially responsible for any losses and damages resulting from Participant's participation in the Activities.
In consideration for Participant's participation in the Activities, I hereby waive all claims or causes of action, including ordinary negligence, against MAC coaches and staff, MAC283, LLC, administrators and managers, and any of the employees, teachers, coaches, or agents, arising out of Participant's participation in the Activities wherever, whenever or however the same may occur. I hereby indemnify, hold harmless, and promise not to sue MAC283, LLC, Midcoast Athletics Center, its managers, administrators, heirs, next of kin, successors and assigns, directors, officers, employees, volunteers, representatives, and agents, and the Activities holders, sponsors, and volunteers from any and all liabilities or claims made as a result of participation in the Activities, whether caused by negligence or otherwise.
I understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of the State of Maine and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be within the State of Maine.
I have read this form and fully understand that I am giving up legal rights and/or remedies which may be available to Participant as a result of participation in the Activities. I affirm that I am of legal age, am the parent or legal guardian of the Participant, and am freely entering into this agreement.
COVID WAIVER AND RELEASE OF LIABILITY
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
MAC283, LLC, d/b/a Midcoast Athletics Center (the “MAC”), in its capacity as an individual and/or employer, has put in place preventative measures to reduce the spread of COVID-19. However, sports and fitness, including basketball, cheerleading, tumbling, martial arts, and flag football (the “Activities”) inherently involve close physical proximity between participants and also frequently involve person-to-person contact between participants or between a participant and coaches, and therefore the MAC cannot guarantee that you or your child(ren) will not become infected with COVID-19 while participating in the Activities. Further, attending the MAC could increase your risk and your child(ren)’s risk of contracting COVID-19.
By entering into this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the MAC, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the MAC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the MAC coaches and staff, its employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind ("Claims") that I or my child(ren) may experience or incur in connection with my child(ren)'s attendance at the MAC or participation in the Activities. On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless MAC283, LLC, d/b/a/ Midcoast Athletics Center, Rachel Coor, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the MAC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any MAC program, class, or instruction of the Activities taught.
ILLNESS POLICY
If you or your child has been sick in the past 24 hours, please do not come to The MAC. If your or your child has had a fever, yellow-greenish mucus from their nose, vomited or had diarrhea in the past 24 hours, please do not come to The MAC. All Participants must be free from fever, without the aid of medication for a minimum of 24 hours before participating in class. Please follow all CDC guidelines if you or your child has been mandated to quarantine. As with any program, keeping participants and staff healthy keeps us all happy!
PHOTO AND VIDEO RELEASE
The MAC uses photos/videos from time to time for purposes of publicity, illustration, advertising, or website content. These images will be used for the MAC purposes only and will not be given or sold to outside companies or individuals. If you have any questions or concerns, please contact our staff directly.
MEDICAL TREATMENT
I authorize MAC283, LLC d/b/a Midcoast Athletics Center and its staff and/or coaches to facilitate reasonable and necessary emergency medical treatment in my absence.