Assumption of the Risk and Waiver of Liability

I desire to participate in one or more activities or programs (each individually an “Activity”; collectively, “Activities”) offered, operated, sponsored or directed by, or otherwise involving, GEA Enterprises Inc also know as Just Tumble/Golden Elite All Stars (“JT/GEA”). The Activities may occur in whole or in part at the training facility (the “Facility”) located at 1400 Plumber Way #300 Roseville, CA 95678 operated by Just Tumble/Golden Elite All Stars. The Activities may involve, without limitation, tumbling, cheerleading, classes, practices, open gym, outdoor instruction, and trampoline) and other recreational activities, programs, events, instruction, and classes both inside and outside the Facility and with or without supervision of Just Tumble/Golden Elite All Stars or any of its employees, contractors or personnel (collectively, “Personnel”). I understand that each Activity poses inherent and extreme risks. With full knowledge and understanding of these risks, and in consideration of my use of the Facility and participation in Activities, I acknowledge and agree as follows:

If I am the parent or legal guardian of one or more minors (whether one or more, the “Minor”) under 18 years of age and hereby consent to the Minor’s using the Facility or participating in Activities, all as defined above. In consideration of permission to the Minor to use the Facility and participate in one or more Activities, I agree, personally and on behalf of the Minor and any other parent or legal guardian of the Minor, to be bound by the terms and conditions set forth in this Agreement. Without limiting the immediately preceding sentence, I expressly, personally and on behalf of the Minor and any other parent or legal guardian of the Minor, (a) acknowledge and consent to the Minor’s assumption of the risks described above, (b) make and enter into for the benefit of the Released Parties the agreements set forth above in Paragraph 2, entitled “Waiver of Liability, Release and Covenant Not to Sue” and (c) agree to indemnify, hold harmless and defend all Released Parties from and against any loss, damage, liability and expense, including but not limited to costs and attorneys’ fees, incurred by any Released Party, as a result of the Minor’s using the Facility or participating in any Activity. I represent that I am at least eighteen (18) years of age and legally competent to sign this Agreement.

1. Acknowledgement and Assumption of the Risk

I acknowledge that participation in Activities, use of the Facility and any services provided by the Facility or Personnel subjects me to risks of personal injury (including but not limited to death or paralysis) from various causes, including but not limited to falling from trampolines or gym apparatus; contact with walls, equipment, landing areas and other objects; dropped items; cuts and abrasions resulting from skin contact with gym apparatus structures; the use of exercise equipment and free weights; participation in group exercise classes; negligence of others, such as failure to maintain control over equipment or other athletes to act within their ability; or other causes and accidents not specified herein, whether or not foreseeable. I also acknowledge the risk that my personal property (including but not limited to vehicles or their contents or personal property placed in lockers) may be damaged, lost or stolen while I am at the Facility or participating in Activities.

I understand and acknowledge that:

A. The above list is not inclusive of all the possible risks to which I will be subject during Activities and in using the Facility and that the list in no way limits the extent or reach of this Waiver of Liability and Covenant Not to Sue (this “Agreement”) or any provision of this Agreement.

B. If I use equipment through the Facility, I accept the equipment “AS IS”, I understand that equipment could become damaged or defective. I am capable of examining and assessing all equipment that I use. If damage occurs to equipment belonging to Just Tumble/Golden Elite All Stars while I am using it, I will promptly bring it to the attention of appropriate Personnel so they can evaluate the equipment.

I VOLUNTARILY ASSUME ALL OF THE RISKS ASSOCIATED WITH PARTICIPATION IN ANY ACTIVITY OR USE OF THE FACILITY, INCLUDING BUT NOT LIMITED TO RISK OF INJURY, PARALYSIS AND DEATH. I VOLUNTARILY ASSUME ALL SUCH RISKS WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS INVOLVED.

2. Waiver of Liability, Release and Covenant Not to Sue

I, on behalf of myself, my heirs, representatives, executors, administrators and assigns, hereby knowingly and intentionally (A) waive any and all liability of Just Tumble/Golden Elite All Stars and its successors, assigns, affiliates, owners, shareholders, officers, directors, landlords, members and Personnel (each individually, a “Released Party”; collectively, “Released Parties”) for, (B) release Released Parties from, and (C) covenant not to sue Released Parties for, any and all causes of action, claims, injuries, liabilities, damages or demands of any nature whatsoever, whether known or unknown, anticipated or unanticipated, which I, my heirs, representatives, executors, administrators and assigns may now have, or may have in the future, against any Released Party on account of any and all known and unknown, foreseen and unforeseen personal injuries, property damage, death, paralysis or accident of any kind and whenever occurring, arising out of or in any way related to any Activity, any occurrence or event involving the Facility, any Released Party or any service or program related to any thereof, whether such Activity, occurrence or event is supervised or unsupervised and however and whenever any injury, property damage, death, paralysis or accident is caused (collectively, “Claims”). THIS WAIVER OF LIABILITY, RELEASE AND COVENANT NOT TO SUE SHALL BE EFFECTIVE EVEN THOUGH SAID LOSS, DAMAGE, OR INJURY RESULTS OR HAS RESULTED, OR ANY CLAIMS ARISE FROM, THE NEGLIGENCE, WRONGFUL ACTS, OMISSIONS, BREACH OF WARRANTY, OR STRICT TORT LIABILITY OF ANY RELEASED PARTY. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, THIS WAIVER OF LIABILITY, RELEASE AND COVENANT NOT TO SUE SHALL NOT BE EFFECTIVE IN REGARD TO LOSS, DAMAGE OR INJURY RESULTING FROM, OR ANY CLAIMS ARISING FROM, THE GROSS NEGLIGENCE OR WILLFUL OR WANTON

MISCONDUCT OF ANY OF THE RELEASED PARTIES.

3. Indemnification Agreement

I hereby agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all Claims and costs (including but not limited to attorneys’ fees and costs incurred by Released Parties or any thereof) of any nature whatsoever, including but not limited to those caused by the negligence, wrongful acts, omissions, breach of warranty or strict tort liability of any Released Party (except for those resulting from the gross negligence or willful or wanton misconduct of any Released Party), arising out of or in any way relating to my use of the Facility or the services provided thereby or my participation in any Activity.

4. Miscellaneous

I certify that I am in proper physical and mental condition to participate in Activities and that I have no physical limitations that would preclude my safely using the Facility and participating in Activities with the risks assumed. I agree to read and abide by all rules from time to time posted in the Facility or otherwise communicated to me. I agree to comply with requests and instructions of all Personnel. In the event of an accident, if I should be unconscious or otherwise unable to make medical decisions for myself, I hereby grant the Released Parties permission to administer necessary first aid, and/or to solicit emergency medical services as deemed necessary. This authorization includes permission for emergency medical transportation to the nearest medical facility for additional medical treatment.

I hereby voluntarily waive any right I may have to a trial by jury in any action, proceeding or litigation involving any Released Party. The laws of the State of California shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. I agree that any lawsuit brought against any Released Party shall be brought solely in Placer County, California.

If any portion of this Agreement is held invalid, the remainder shall remain in full force and effect.

I hereby give consent to GEA Enterprises Inc AKA Just Tumble/Golden Elite Allstars to photograph, videotape, or otherwise digitally record and use images and/or sound recordings of myself or my child or children (if applicable) to use in any public media, including radio, television, internet, social media, print or in any of the organization’s or its partners’ publications, productions, or posts. I understand that the intended use of such images and information is solely for the purpose of advertising, marketing, fundraising and/or the promotional and public awareness purposes for the organization. I hereby waive any rights or interest in the images or recordings, as contemplated in this release. I acknowledge that this consent to use images and/or recordings is being made solely for the benefit of the organization and comes without any expectation of monetary compensation or other benefit to me. To the extent that any benefit accrues or might accrue to the organization from the use of images or information, I hereby and forever waive any interest in or claim to such benefits. I hereby release and forever discharge the organization (including without limitation all corporate affiliates and officers, directors, trustees, donors, employees, agents and volunteers) from any and all claims, liability, actions, suits, demands, costs, expenses or indebtedness arising out of, related to, or in any way connected with the use of images and materials described herein, and I hereby waive all rights and interest in and to such information and materials. I further acknowledge that there is no guarantee that any or all of the participants’ images or recordings will be used in any released media.

I ACKNOWLEDGE AND AGREE THAT BY SAYING "I AGREE" TO THIS AGREEMENT I AM RELIEVING THE FACILITY AND ALL RELEASED PARTIES OF ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR DEATH RESULTING FROM ANY ACTIVITY AND WAIVING MY RIGHT TO MAINTAIN A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES, EXCEPT FOR ANY LIABILITY BASED UPON THEIR GROSS NEGLIGENCE OR WANTON AND WILFULL MISCONDUCT. I CERTIFY THAT MY AGE IS ACCURATELY SET FORTH ABOVE; THAT, IF I AM AT LEAST 18 YEARS OF AGE, I AM LEGALLY COMPETENT TO SIGN THIS AGREEMENT; I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING UPON ME AND UPON MY ASSIGNS, HEIRS, REPRESENTATIVES, EXECUTORS AND ADMINISTRATORS; AND THAT I AM SIGNING THIS AGREEMENT, AFTER HAVING CAREFULLY READ IT, OF MY OWN FREE WILL. IF PARTICIPANT IS UNDER 18 YEARS OLD –UNDERSIGNED PARENT/GUARDIAN CONSENT:

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