I, the undersigned, hereby give permission to Mr. Donavan and employees to instruct my child in physical fitness activities. I have been advised that prior to beginning any physical activity or routine I should consult with my child’s physician and other health care professionals to ensure that he/she medically healthy to engage in a physical fitness program. I also understand that even when engaging in supervised physical activities there is a possibility of injury. In the unlikely event that an injury should occur, I hereby release Mr. Donavan and all owners, employees and assistants of Donavan’s Sport’s, L.L.C. d/b/a Mr. Donavan from all liability for any and all damages suffered by my child. Further, I release any facility used by Mr. Donavan from all liability for any and all damages suffered by my child. For the purpose of evaluating my child’s physical needs, Mr. Donavan may videotape or photograph my child during any class, session or activity. I hereby grant permission to Mr. Donavan to use such videotapes or photographs for such evaluation. Mr. Donavan reserves the right to deny or discontinue instruction to anyone for any reason. In connection with the promotion and advertisement of Mr. Donavan I hereby release Mr. Donavan from any and all claims and liability relating to such videotapes and photographs and the use thereof Mr. Donavan requires at least one parent or adult guardian to remain present during the entire class, session or activity. Mr. Donavan reserves the right to cancel any class, session or activity at any time, including without limitation, during or immediately before such class, session, or activity in the event that a parent or adult guardian is unable to remain present with their child during the entire class, private session or activity. Finally, I understand that should any portion of this waiver be adjudicated to be unenforceable that all remaining provisions shall remain in full force and effect. I have read and understand the above waiver, and by signing below I represent that I agree to the entirety of the waiver to the greatest extent at law. Any unlawful recording of Mr. Donavan and his classes to use for personal use is prohibited unless you have the expressed written consent of Mr. Donavan and parents.
By my signature below I acknowledge:
Other than CPR training, Mr. Donavan is not a health care provider, physical therapist or mental/emotional therapist;
A person trained in CPR will be present at all times during my child’s instruction by Mr. Donavan;
In the unlikely event of an injury or other medical event of which Mr. Donavan becomes aware during my child’s instruction, assistance will be sought of a qualified health care professional;
Mr. Donavan, its employees and/or agents have my authority to seek assistance of a qualified health care professional as Mr. Donavan deems necessary or appropriate; and
I will be personally liable for all costs associated with the seeking of assistance of a qualified health care professional for my child and I will fully indemnify Mr. Donavan for any costs so incurred.
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