This Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement (hereinafter the "Agreement") is entered into effective as of the date of submission by and between NorCal Elite All-Stars (hereinafter "NorCal Elite") and the parent/legal guardian (named in this record) of the minor child named in this record.

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1. I have enrolled my child in a program of strenuous physical activity including but not limited to competitive cheerleading and tumbling and use of the various equipment offered by Nor*Cal Elite All-Stars. I hereby affirm that my child is in good physical condition and does not suffer from any physical disability that would limit or prevent my child's participation.

2. ASSUMPTION OF RISK: I understand and agree that if my child engages in any physical exercise or activity or uses any NorCal Elite All-Stars facility on the premises, my child does so at his/her/their own risk. I and my child assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any NorCal Elite All-Stars facility or equipment on the premises, including injuries or damages arising out of the negligence of NorCal Elite, whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns. My child's assumption of risk includes, without limitation, the use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, lobby area, or any equipment in the NorCal Elite All-Stars facility. I understand that competitive cheerleading, tumbling, and dance activities as conducted and taught at or by NorCal Elite All-Stars have inherent risks of injury. I/my child agree to assume the risk of participation in any activity, class, virtual or online class/tutorial, program, instruction, or NorCal Elite All-Stars-sponsored event, including but not limited to muscle strains and sprains, pulls or tears, broken bones, knee/lower back/neck/foot/ankle injuries, and other personal injuries, however caused, occurring before, during or after my child's participation. I agree that my child is voluntarily participating in the aforementioned activities and use of the Nor*Cal Elite All-Stars facilities and premises and assumes all risk of injury, illness, damage, or loss to my child or my child's property that might result, including, without limitation, any loss or theft of any personal property.

3. RELEASE: I agree on behalf of myself, my child, and my child's personal representatives, heirs, executors, administrators, agents, and assigns to release and discharge NorCal Elite All-Stars (and its affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of NorCal Elite, whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my child's use of any exercise equipment or facilities which may malfunction or break, (b) NorCal Elite's improper maintenance of any exercise equipment, premises or facilities, (c) NorCal Elite's negligent instruction or supervision, and (d) my child's slipping and falling while on the facility or any portion of the premises for any reason, including Nor*Cal Elite's negligent inspection or maintenance of its facility.

4. INDEMNIFICATION: By execution of this Agreement, I hereby agree to indemnify and hold harmless NorCal Elite All-Stars from any loss, liability, damage, or cost NorCal Elite All-Stars may incur due to my and/or my child's presence at the NorCal Elite All-Stars facility. This Agreement is intended to apply to the use of any NorCal Elite All-Stars facility and is not limited to the date above. You further expressly agree that the foregoing release, waiver, and indemnity agreement are not intended to be limited to injuries resulting from physical exercise or activity, but are intended to apply to any injuries occurring on NorCal Elite All-Stars premises and are intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that NorCal Elite All-Stars is designed to and does offer a service to its students encompassing competitive cheerleading, tumbling, and dance activities. NorCal Elite All-Stars is not in the business of selling gymnastics equipment, weight lifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by NorCal Elite All-Stars. You acknowledge and agree that Nor*Cal Elite All-Stars does not place such items into the stream of commerce.

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YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS AGREEMENT, YOU AND YOUR CHILD ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST NOR*CAL ELITE ALL-STARS FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.