BIG BEACH TUMBLE + CHEER LIABILITY WAIVER, ASSUMPTION OF RISK, AND RELEASE AGREEMENT SECTION I – ACKNOWLEDGMENT OF INHERENT RISKS
I understand and acknowledge that participation in cheerleading, tumbling, gymnastics style training, strength and conditioning activities, private instruction sessions, competitions, demonstrations, open gym sessions, and all related activities conducted by Big Beach Tumble + Cheer involves inherent and significant risks of physical injury.
These risks include, but are not limited to: • Falls from height • Failed stunts or spotting • Collisions with other participants • Improper landings • Equipment failure or movement • Use of mats, trampolines, spring floors, and training apparatus • Overexertion • Strains, sprains, fractures • Head, neck, spinal, and catastrophic injuries • Permanent disability • Paralysis • Death
I understand that these risks may arise from:
1. The actions or inactions of the participant; 2. The actions or inactions of other participants; 3. The ordinary negligence of instructors, coaches, staff, or volunteers; 4. The condition of the premises or equipment; 5. The inherent nature of the activity itself.
I acknowledge that cheerleading and tumbling are athletic activities that require balance, strength, flexibility, coordination, and precise timing, and that even when proper instruction and supervision are provided, injuries can occur. I acknowledge that participation is voluntary and not required for any essential service. I further acknowledge that I have read this Section and understand the risks described above.
SECTION II – RELEASE OF LIABILITY FOR ORDINARY NEGLIGENCE THIS SECTION CONTAINS A RELEASE OF LIABILITY. PLEASE READ CAREFULLY.
In consideration for being permitted to participate in activities at the Facility, I, on behalf of myself and/or my minor child, hereby agree as follows: A. Release of Ordinary Negligence To the fullest extent permitted by Alabama law, I voluntarily release, waive, discharge, and covenant not to sue Big Beach Tumble + Cheer, its owners, directors, officers, employees, coaches, staff members, independent contractors, volunteers, agents, and affiliates (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, or liabilities arising out of or related to personal injury, property damage, or death resulting from the ordinary negligence of the Released Parties. This release specifically includes claims alleging negligence: Supervision • Instruction • Training • Spotting • Premises maintenance • Equipment maintenance • Failure to warn • Hiring or retention I understand that this release applies to claims based on the Released Parties’ ordinary negligence, whether such negligence occurs before, during, or after participation in activities at the Facility.
SECTION III – MINOR PARTICIPANTS AND PARENTAL AGREEMENTS (Complete this section only if the participant is under 19 years of age.)
I represent that I am the parent or legal guardian of the minor participant identified in this Agreement and that I have the legal authority to execute this Agreement on the minor’s behalf.
A. Acknowledgment Regarding Minor’s Participation I understand that Alabama law may limit the enforceability of pre-injury liability waivers as applied to minors. Nevertheless, I knowingly and voluntarily authorize my minor child to participate in all activities conducted by Big Beach Tumble + Cheer with full understanding of the risks described in Section I. I acknowledge that participation is voluntary and that I am choosing to allow my minor child to engage in these activities despite the known risks.
B. Express Assumption of Risk on Behalf of Minor To the fullest extent permitted by Alabama law, I expressly acknowledge that my minor child assumes the inherent risks of participation described in Section I. I further acknowledge that injuries may occur even when reasonable care is exercised by the Facility and its staff.
C. Release of Parent’s Independent Claims (Code of Ala. § 6-5-390) To the fullest extent permitted by Alabama law, I hereby release, waive, and discharge the Released Parties from any and all claims that I personally may have arising out of injury to my minor child, including but not limited to: • Claims for medical expenses • Claims for loss of services • Claims for loss of earnings during minority • Any other claims belonging to me individually under Alabama law This release applies to claims based upon the ordinary negligence of the Released Parties. I understand that this release applies only to my own independent claims and does not purport to waive any claim that Alabama law does not permit to be waived. I further understand that Alabama law may allow my minor child to assert certain claims despite this Agreement.
SECTION IV – WRONGFUL DEATH AND SURVIVAL ACKNOWLEDGMENT
I understand that Alabama’s Wrongful Death Act (Code of Ala. § 6-5-410 and § 6-5-391) provides for a statutory cause of action in the event that a death results from a wrongful act, omission, or negligence. To the fullest extent permitted by Alabama law, I agree that the releases and waivers contained in this Agreement apply to any claim that could have been maintained by the participant had death not occurred, including claims based on ordinary negligence.
SECTION V – MEDICAL AUTHORIZATION, MEDIA RELEASE, AND GENERAL PROVISIONS
A. No Release of Wanton or Willful Conduct Nothing in this Agreement releases or waives any claim arising from conduct that constitutes wanton, willful, or intentional misconduct under Alabama law.
B. Acknowledgment of Scope I acknowledge that it is the intent of this Agreement to release any and all claims to the maximum extent permitted under Alabama law, while preserving only those claims that cannot lawfully be waived. I understand that by signing this Agreement, I am giving up substantial legal rights, including the right to bring a lawsuit for ordinary negligence against the Released Parties. I further acknowledge that this Agreement is intended to be as broad and inclusive as permitted by Alabama law and shall be interpreted accordingly. This Agreement shall be binding upon me, the participant, and our respective heirs, estate, personal representatives, agents, and assigns.
C. Indemnification To the fullest extent permitted by Alabama law, I agree to indemnify and hold harmless the Released Parties from and against any claims brought by or on behalf of my minor child arising from participation in Facility activities, except for claims based on wanton, willful, or intentional misconduct.
D. Medical Emergency Authorization In the event of illness or injury during participation, I authorize Big Beach Tumble + Cheer staff to obtain emergency medical treatment for the participant, including transportation by ambulance if deemed necessary. I understand that reasonable efforts will be made to contact a parent or guardian in such circumstances. I agree to assume full financial responsibility for any medical expenses incurred as a result of participation.
E. Photo, Video, and Name / Image / Likeness Release I understand that Big Beach Tumble + Cheer may photograph, record, or otherwise capture images, video, audio, or likeness of participants during practices, lessons, competitions, events, camps, and related activities. To the fullest extent permitted by law, I grant Big Beach Tumble + Cheer and its affiliates the irrevocable right and permission to: • Photograph and record the participant; • Use the participant’s name, image, voice, likeness, and performance; • Publish, display, edit, reproduce, and distribute such materials in print, digital, website, social media, advertising, promotional, educational, or marketing materials. I understand that such materials may appear on public-facing platforms, including social media. I acknowledge and agree that: • No compensation will be provided for such use; • I waive any right to inspect or approve the finished product; • I waive any claims for invasion of privacy, misappropriation of likeness, or violation of name, image, or likeness rights arising from lawful use consistent with this Agreement. If the participant is a minor, I represent that I am the parent or legal guardian and that I have authority to grant this consent on behalf of the minor. This release does not authorize use of the participant’s image in a false, defamatory, or unlawful manner.
F. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama. Any legal action arising out of participation in Facility activities shall be brought exclusively in a court of competent jurisdiction located in Baldwin County, Alabama.
G. Entire Agreement and Severability This Agreement constitutes the entire agreement between the parties regarding liability and risk allocation. No oral statements or prior agreements shall have any force or effect. I acknowledge that no verbal representations, statements, guarantees, or promises regarding safety or risk have been made to me outside the terms of this Agreement, and I am not relying on any such statements in signing this Agreement. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
H. Duration of Agreement This Agreement shall apply to all participation in activities at Big Beach Tumble + Cheer from the date signed forward and shall remain in effect unless revoked in writing and acknowledged in writing by the Facility.
IMPORTANT – READ BEFORE SIGNING I HAVE READ THIS AGREEMENT CAREFULLY. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE. I SIGN THIS AGREEMENT VOLUNTARILY AND WITHOUT COERCION. I UNDERSTAND THAT THIS IS A LEGALLY BINDING DOCUMENT. By signing below, I confirm that I understand the nature of these risks and choose to participate (or allow my minor child to participate) with full knowledge and appreciation of the dangers involved.
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Big Beach Tumble + Cheer