E&E Cheer, LLC Waiver and Acknowledgement
Acknowledgment and Assumption of Risk
By signing this agreement, I, on behalf of myself and minor child, acknowledge that participation in the E&E Cheer, LLC program involves activities that are inherently dangerous that may include, but are not limited to: cheerleading motions, jumps, tumbling, and stunting. I understand that these activities carry the risk of serious injury, including permanent disability, paralysis, or even death, as well as property damage. In allowing the above named minor child to participate, I voluntarily choose to assume responsibility, on behalf of myself and my minor child, for all risks of injury, harm, or damage, regardless of the cause.
Release and Waiver of Liability
I hereby agree, on behalf of myself and my minor child, to release, waive, and discharge E&E Cheer, LLC, its owners, officers, members, agents, employees, volunteers, representatives, affiliates, sponsors, other participants, and all other persons or entities acting in any capacity on their behalf (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with my or my child’s participation in E&E Cheer, LLC. This release extends to all claims of negligence, gross negligence, recklessness, misconduct or acts or omissions by the Released Parties, including those caused by other participants or third parties.
Indemnification Clause
I agree, on behalf of myself and my minor child, to indemnify, defend, and hold harmless the Released Parties against any and all risks, claims, damages, lawsuits, or liabilities (including attorney fees and court costs) that may arise from my or my child’s participation in E&E Cheer, LLC, regardless of whether such claims arise from the negligence, gross negligence, recklessnesss or misconduct of the Released Parties. This includes, but is not limited to, claims arising out of third-party behavior, other participants, or unforeseen events.
Binding Arbitration Agreement
I agree that any disputes arising out of this agreement or from my child’s participation in E&E Cheer, LLC shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and I understand that by agreeing to arbitration, I am waiving any right to a jury trial or to bring a lawsuit in any state or federal court.
Medical Consent and Financial Responsibility
I authorize the Released Parties to secure emergency medical care or transportation, if deemed necessary. I agree to assume all costs associated with such care and release the Released Parties from any liability related to the provision or failure to provide such care. It is understood that in certain medical situations it may be necessary for E&E Cheer, LLC to contact local emergency resources before Parent/Guardian.
Media Consent
I consent, on behalf of myself and my minor child, to the use of photographs, video recordings, or other media taken during the program for promotional purposes, without compensation.
Severability Clause
I agree that this waiver and release is intended to be as broad and inclusive as permitted by law. If any portion is found to be invalid, the remaining provisions shall continue in full legal force and effect.
Jurisdiction and Governing Law
I agree that this waiver shall be governed by and construed in accordance with the laws of the State of Delaware. All actions or proceedings arising out of this waiver shall be subject to the jurisdiction of the state and federal courts located in Delaware.
Understanding of Agreement
I acknowledge that I have carefully read this agreement and fully understand its contents. I am aware that by signing this agreement, I am waiving certain legal rights, including the right to sue the Released Parties, and I sign it freely and voluntarily without any inducement.