DISCLAIMER CLAUSE

HEART OF TEXAS Directors, Agents, contractors, employees, coaches/instructors, trainers, volunteers, members and representatives are not responsible for any injury, loss or damage of any kind sustained by any person while registered as a HEART OF TEXAS member and participating in any and all HEART OF TEXAS sanctioned activities, events, practice sessions or social activities (all hereafter referred to as “HOT Activities”), including injury, death, loss or damage.

DESCRIPTION OF RISKS

In consideration of the participants membership and /or participation in HEART OF TEXAS Activities, I acknowledge that I am aware of the possible risks, dangers and hazards associated with being a member, including the possible risk of severe or fatal injury to myself/the participant or others. These risks include but are not limited to:

1. All manner of injuries resulting in muscular injuries and soft tissue injuries including bruises, scrapes, cuts etc, from executing strenuous and demanding physical techniques, collisions with walls, floor, ceilings and contact with other participants and failure in proper execution of techniques either by myself/the participant or other participants;

2. all manner of injuries resulting in sprains, dislocations, concussion, broken bones, hematomas, whiplash, contusions, pulled or strained muscles, torn ligaments, muscles and tendons, joint strain and sprain, and bruising to the tail bone, wrists, legs, arms, back, neck and injuries to the gluteus maximus, pulled groin muscle, and heart attack/stroke; head, facial, eye and/or dental injuries;

3. all manner of spine or spinal cord injuries which may render me permanently paralyzed;

4. all manner of injuries, severe or fatal, resulting cuts, tears, bruises or punctures caused by shoes, finger nails, jewelry, hair accessories or props either from myself/the participant or another cheerleader;

5. transmission of diseases or skin diseases in various ways and types from contact with other participants resulting in death, disease or other illnesses;

6. all manner of medical problems resulting from heat exhaustion, asthma, communicable diseases, skin rashes, and cramps;

7. all manner of internal injuries of body parts and organs, and trauma to larynx or pharynx;

8. that my/the participants risk of injury increases as I/my child become fatigued, experience pain, frustration, and /or performance anxiety;

9. all manner of injuries and/or death that may result from transportation (all modes or types) used to and from HEART OF TEXAS Activities.

In consideration of HEART OF TEXAS allowing me/the participants membership and participation in HEART OF TEXAS Activities, I agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I/the participants have or may have in the future against HEART OF TEXAS, their directors, agents, contractors, employees, coaches/instructors, trainers, volunteers, members and representatives as a result of my membership and/or participation in HEART OF TEXAS Activities;

2. TO RELEASE THE CLUB from any and all liability above and beyond the provided coverage, from any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my membership and/or participation in HEART OF TEXAS Activities due to any cause whatsoever, including Breach of Contract, or Breach on and Statutory or other Duty of Care, including any Duty of Care Owed under the Occupiers’ Liability Act, RSA 2000 C. 0-4 on the part of HEART OF TEXAS;

3. TO HOLD HARMLESS AND INDEMNIFY HEART OF TEXAS from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my membership and/or participation in HEART OF TEXAS Activities;

4. TO HOLD HARMLESS AND INDEMNIFY HEART OF TEXAS in connection with the services and/or incidents/accidents of any train, vessel, carriage, aircraft, bus, privately owned or rented motor vehicle or other conveyance, which may be used during my/the participants membership and/or participation in HEART OF TEXAS;

5. TO HOLD HARMLESS AND INDEMNIFY HEART OF TEXAS for any cancellation, injury, loss accident or delay occasioned by the proprietor, employee, or service of any accommodation which may be used during my/the participants membership and/or participation in HEART OF TEXAS;

6. TO FOLLOW all instructions and rules given by those responsible for or in charge of any HEART OF TEXAS Activities while I am/the participants is a member and/or participating in HEART OF TEXAS Activities. I am aware that the rules are in place to provide a safe environment for the entire membership; and

7. TO ACKNOWLEDGE and UNDERSTAND that cheerleading and tumbling requires the Coach to perform manual spotting, which involves direct physical contact and is designed to assist the participant in the safe performance of the program skills.

8. To UNDERSTAND that in case of emergency I will be contacted as soon as possible. All expenses in case of emergency will be assumed by me or my insurance carrier.

9. TO INDEMNIFY HEART OF TEXAS and its directors, agents, contractors, employees, coaches/instructors, trainers, volunteers, members, representatives, successors and assigns (collectively, the “Indemnified Party”), from and against any and all liability, loss, damage, claims, suits, and expenses of any kind, including any action under any statutory or other duty of care, the Occupiers’ Liability Act or any other legislation, incurred by or asserted against the Indemnified Party relating to or arising out of the use of the facilities or the participant’s participation in HEART OF TEXAS Activities. I further AGREE TO INDEMNIFY the Indemnified Party against any and all legal costs on a solicitor-and-own-client full-indemnity basis which may be incurred in defending any lawsuit or claim that any participant may bring against any of them.

Media/Appearance Clause: Permission is granted to use my daughter’s/son’s picture or image in any or all future advertisements, broadcasting, web site and marketing literature or promotional videos for HEART OF TEXAS and/or and events sponsored and conducted by them. I hereby waive any right to compensation or any claim of ownership thereto.