TUMBLEHQ LLC

Release, Assumption of Risk, and Indemnity Agreement

This Release and Assumption of Risk Agreement ("Agreement") is entered into by the undersigned parent and/or legal guardian on behalf of the minor participant, and it applies to the activities and programs conducted at TumbleHQ LLC. By signing below, the undersigned parent/guardian acknowledges and agrees to the following

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Parental Consent, Release, and Digital Signature

I, the undersigned parent and/or legal guardian of the minor participant, certify that I have carefully read and fully understand this Release, Assumption of Risk, and Indemnity Agreement. I acknowledge that I am aware of the inherent risks associated with gymnastics, tumbling, and related athletic activities, including but not limited to falls, collisions, fractures, concussions, paralysis, permanent disability, and death. I affirm that my minor child possesses the necessary experience and physical capabilities to participate in these activities.

To the fullest extent permitted by Texas law, I hereby release, waive, discharge, and covenant not to sue TumbleHQ LLC, its owners, officers, employees, independent contractors, subcontractors, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all claims, liabilities, damages, losses, or demands, including those arising from ordinary negligence, negligent rescue operations, or emergency medical care provided during my child’s participation in any TumbleHQ LLC activity.

Furthermore, I agree that if I, my minor child, or anyone acting on behalf of my minor child files a lawsuit or claim against the Released Parties, I will indemnify, defend, and hold harmless the Released Parties from any litigation expenses, attorney’s fees, damages, judgments, or costs incurred as a result of such claim.

Acknowledgment of Digital Signature

By typing my legal name below, selecting the agreement checkbox, or otherwise electronically signing this document, I acknowledge and agree that this electronic signature is legally binding under Texas law, including but not limited to the Texas Uniform Electronic Transactions Act (UETA) (Texas Business & Commerce Code § 322.001 et seq.). I further acknowledge that this electronic signature has the same legal force and effect as a handwritten signature.

I understand that this Agreement constitutes a legally enforceable contract and that by signing, I am knowingly and voluntarily waiving substantial legal rights, including but not limited to the right to sue TumbleHQ LLC, its owners, officers, employees, independent contractors, subcontractors, agents, affiliates, and assigns for any claims covered under this Agreement.

I agree that my electronic signature serves as confirmation of my full acceptance and understanding of all terms outlined in this Agreement. I further understand that this Agreement is binding upon me, my heirs, assigns, executors, and legal representatives to the fullest extent permitted by Texas law.

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Texas-Enforceable Medical Release & Indemnification Clause

Medical Release & Authorization for Treatment
I, the undersigned parent or legal guardian, hereby authorize and consent to emergency medical treatment for my minor child in the event of an injury, illness, or medical emergency while participating in any TumbleHQ LLC activity. I grant permission for qualified medical personnel, including licensed physicians, emergency medical technicians (EMTs), and hospital staff, to provide necessary treatment as deemed medically appropriate.

I understand that TumbleHQ LLC, its owners, officers, employees, independent contractors, subcontractors, agents, and affiliates (collectively, the “Released Parties”) are not responsible for the costs of any medical care provided. I agree that I am solely responsible for all medical expenses, including but not limited to ambulance transportation, emergency room fees, hospital care, surgery, medications, and follow-up treatments, regardless of whether the injury occurs on-site or off-site during a TumbleHQ LLC event or activity.

I acknowledge that reasonable efforts will be made to contact me using the emergency contact information on file before treatment is provided, unless immediate treatment is deemed necessary by medical personnel.

Assumption of Risk & Indemnification

I understand and acknowledge the inherent risks of gymnastics, tumbling, and athletic activities, including but not limited to falls, collisions, fractures, concussions, paralysis, and death, and I voluntarily assume all such risks on behalf of my minor child.

To the fullest extent permitted by Texas law, I agree to indemnify, defend, and hold harmless TumbleHQ LLC and any and all owners, officers, employees, independent contractors, subcontractors, agents, affiliates, and representatives from any claims, damages, or liabilities, including attorney’s fees and legal defense costs, asserted by third parties arising from my child’s participation at TumbleHQ LLC. This includes but is not limited to:

• Claims related to personal injury, medical expenses, or property damage sustained during participation
   

• Claims alleging negligence in supervision, instruction, or emergency medical response
   

• Any claims asserted against TumbleHQ LLC due to my child’s actions or conduct during participation
   

I further acknowledge that Texas law does not permit the waiver of claims arising from gross negligence or willful misconduct, and nothing in this agreement is intended to waive such rights. If any provision of this agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

 

Release and Assumption of Risk:

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT ("AGREEMENT"). In consideration of participating at TUMBLEHQ LLC, I represent that I understand the nature of this activity and that I am qualified, in good health, and in proper physical condition to participate in such activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the activity. I fully understand that this activity involves risks of serious bodily injury, including permanent disability, paralysis, and death, which may be caused by my own actions or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the "Releasees" named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation in the activity.

Acknowledgment of Understanding and Voluntary Participation:

I, the undersigned, acknowledge that I have had the opportunity to ask questions regarding the nature of the activity, the risks involved, and the potential consequences of participation. I fully understand the inherent risks involved, including the risk of serious injury, disability, or death. By signing this release, I confirm that my participation (or my child's participation) is voluntary and that I am willingly assuming these risks.

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Specific Risk Acknowledgment:

I understand that activities at TUMBLEHQ LLC involve risks that could include, but are not limited to, bodily injury, property damage, and emotional distress. I further acknowledge the potential for risks arising from other participants' actions, equipment failure, improper use of facilities, and/or negligent supervision or coaching.

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Indemnity for Third-Party Claims

To the fullest extent permitted by Texas law, I agree to indemnify, defend, and hold harmless TumbleHQ LLC, its owners, officers, employees, independent contractors, subcontractors, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, liabilities, damages, judgments, settlements, or expenses (including, but not limited to, attorney’s fees, court costs, and litigation expenses) asserted by any third party, including but not limited to other participants, spectators, family members, or bystanders, arising out of or related to:

• Any injury, illness, disability, emotional distress, property damage, or death sustained by myself or my minor child while participating in activities associated with TumbleHQ LLC, regardless of whether such claims arise from the ordinary negligence of the Released Parties; and

• Any claims made by third parties against the Released Parties as a result of my (or my minor child’s) participation in any TumbleHQ LLC activity, event, or program, whether on-site or off-site.

This indemnification obligation includes, but is not limited to, claims arising from ordinary negligence, negligent supervision, instruction, facility maintenance, or equipment use. I understand that Texas law does not allow indemnification for gross negligence or willful misconduct, and nothing in this Agreement is intended to waive such rights.

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Emergency Medical Treatment & Evacuation Authorization

In the event of a medical emergency, I hereby authorize TumbleHQ LLC, its owners, officers, employees, independent contractors, subcontractors, agents, and representatives (collectively, the “Authorized Parties”) to seek, arrange, and authorize emergency medical treatment for myself and/or my minor child, including but not limited to:

• First aid and emergency medical care administered on-site,
   

• Ambulance transport to a hospital or urgent care facility,
   

• Emergency surgical procedures, anesthesia, medication administration, and hospitalization, and
   

• Medical evacuation if deemed necessary by medical personnel, emergency responders, or TumbleHQ LLC staff.
   

I understand and agree that:

1. TumbleHQ LLC and the Authorized Parties are not responsible for the quality or outcome of any medical treatment provided, nor do they assume any liability for decisions made by emergency personnel, medical providers, or hospitals.
    

2. All medical expenses incurred are my sole responsibility, and I agree to indemnify and hold harmless TumbleHQ LLC and the Authorized Parties from any financial obligation related to such treatment, including but not limited to ambulance fees, hospitalization, medication, surgical costs, and rehabilitation expenses.
    

3. I expressly waive, release, discharge, and covenant not to sue TumbleHQ LLC and the Authorized Parties for any injury, illness, disability, death, or damages sustained by myself or my minor child in connection with the provision of or failure to provide emergency medical treatment or evacuation, including any claim alleging negligence in the decision-making process regarding medical care or transport.
    

I further acknowledge that Texas law does not permit waivers for gross negligence or willful misconduct, and nothing in this Agreement is intended to waive such rights. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

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Severability Clause

If any provision of this Release, Assumption of Risk, and Indemnity Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, legality, or enforceability of the remaining provisions. All other provisions of this Agreement shall continue in full force and effect to the maximum extent permitted by Texas law, and the invalidated provision shall be modified or reinterpreted to the extent necessary to render it enforceable while maintaining its original intent.

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Acknowledgment of Fitness for Participation

I affirm that I, or my minor child, am in good health and physical condition and have no known medical conditions, impairments, or disabilities that would prevent or limit safe participation in any TumbleHQ LLC activities. I understand that participation in gymnastics, tumbling, and related activities requires physical exertion, agility, strength, and balance, and I certify that I/my child am/is physically and medically capable of safely engaging in these activities.

I acknowledge that it is my responsibility to disclose any relevant medical conditions, physical limitations, allergies, or special accommodations needed prior to participation. I further understand that TumbleHQ LLC is not responsible for monitoring my/my child’s health status and that I assume full responsibility for determining whether participation is medically appropriate.

I voluntarily assume all risks associated with participation and waive any claims against TumbleHQ LLC, its owners, officers, employees, independent contractors, subcontractors, agents, and affiliates arising from any pre-existing medical condition, undisclosed health issue, or injury exacerbated by participation.

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Private Lessons Disclaimer & Liability Release

By registering for participation in TumbleHQ LLC programs, I acknowledge and agree that TumbleHQ LLC, its owners, officers, employees, independent contractors, subcontractors, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) shall not be responsible or liable for any private coaching, instruction, or contract work conducted by employees, independent contractors, or other individuals outside of official TumbleHQ LLC class times, operating hours, or gym-sanctioned activities.

I understand and agree that:

1. Private lessons or coaching sessions performed outside of official TumbleHQ LLC classes, schedules, or business hours are not part of TumbleHQ LLC’s programs or services.

2. TumbleHQ LLC does not supervise, regulate, endorse, or assume responsibility for private coaching sessions arranged between a participant and an individual coach, regardless of the location where such instruction occurs.

3. TumbleHQ LLC is not responsible for any injuries, accidents, claims, damages, or liabilities arising from private lessons conducted outside of its standard class schedule or official business operations.

4. By choosing to engage in private coaching sessions outside of TumbleHQ LLC’s structured programs, I understand that all risks, responsibilities, and liabilities associated with such private instruction rest solely between the participant (or their parent/legal guardian) and the independent coach.

Digital Agreement & Online Registration Consent

By completing the online registration process and selecting the agreement checkbox, I acknowledge and agree that this electronic acceptance constitutes a legally binding signature under Texas law, including but not limited to the Texas Uniform Electronic Transactions Act (Texas Business & Commerce Code § 322.001 et seq.).

I further acknowledge that:

• This Agreement is legally enforceable between myself and TumbleHQ LLC.

• By agreeing to the terms during online registration, I am knowingly and voluntarily waiving any right to hold TumbleHQ LLC liable for injuries, damages, or claims related to private lessons conducted outside of TumbleHQ LLC’s structured programs and operational hours.

• This waiver applies to myself, my minor child, my heirs, legal representatives, and assigns to the fullest extent permitted by Texas law.

By completing the online registration, I confirm that I have read, understood, and agree to the terms of the Private Lessons Disclaimer & Liability Release.

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Photograph and Media Release

I, the undersigned participant and/or parent/legal guardian, grant TumbleHQ LLC, its owners, officers, employees, independent contractors, subcontractors, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) the limited right to capture, use, and store photographs and video recordings of myself or my minor child during participation in TumbleHQ LLC activities, classes, training sessions, or events.

I acknowledge and agree that:

1. Video recordings will be used exclusively for instructional, training, and educational purposes within TumbleHQ LLC programs. These recordings will not be shared publicly, posted on social media, or used for commercial advertising without additional consent.

2. Photographs may be posted on social media or used for promotional purposes only with my express parental/guardian consent, which may be provided at the time of capture or through prior written agreement.

3. I retain the right to decline or revoke consent for social media use at any time by providing written notice to TumbleHQ LLC.

4. I waive any right to royalties, compensation, or ownership of the captured media and release TumbleHQ LLC from any claims related to the use of such materials in accordance with this agreement.

I understand that this release is binding upon me, my heirs, legal representatives, and assigns and is intended to be as broad and inclusive as permitted by Texas law.

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Arbitration and Dispute Resolution

To the fullest extent permitted by Texas law, I agree that any dispute, claim, or controversy arising out of or relating to this Agreement, including but not limited to claims for personal injury, property damage, breach of contract, or any other dispute related to my (or my minor child’s) participation in TumbleHQ LLC activities, shall be exclusively resolved through binding arbitration.

1. Governing Rules & Arbitration Forum: The arbitration shall be conducted in accordance with the Texas Arbitration Act (Texas Civil Practice & Remedies Code, Chapter 171) and the applicable rules of the American Arbitration Association (AAA), or another mutually agreed-upon arbitration provider.

2. Arbitration Location: The arbitration shall take place in Dallas, Texas, unless otherwise agreed by both parties.

3. Waiver of Litigation & Jury Trial: Both parties expressly waive the right to file a lawsuit in court or have a trial by jury for any claims covered by this Agreement.

4. Arbitration Costs: Each party shall bear its own legal fees and costs related to arbitration, except as otherwise required by law or awarded by the arbitrator.

5. Final & Binding Decision: The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction.

6. Severability: If any part of this arbitration provision is found unenforceable, the remaining portions shall continue in full force and effect.

I understand and agree that by signing this Agreement, I am waiving my right to sue in a court of law, including my right to a jury trial, and agree to resolve disputes exclusively through binding arbitration.

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Policies and Procedures:

Cancel Enrollment: To cancel enrollment, a parent needs to email the gym through the Jackrabbit Class portal at least three weeks before the beginning of a new month. Verbally notifying a front desk clerk or coaching staff is not considered sufficient notice, as conversations can easily be miscommunicated throughout the day. This advance notice allows staff to notify all relevant parties to halt automatic payments and prevent processing fees. If a student attends any classes during a month, full tuition for that month is required, as TumbleHQ LLC does not offer prorated fees for mid-month withdrawals. Any make-up classes arranged after the student's drop date will be automatically canceled.
Tuition: Tuition is based on an average of four weeks per month. No additional charges will incur for those months with extra class days. Conversely, credit will not be given for those months with fewer class days due to holidays. Please refer to our calendar of events for a complete list of holidays. Credit will not be given due to missed classes. Please see our absence policy. Siblings will receive a 10% discount. This applies to immediate family only (sisters or brothers). If there are two or more children enrolled, one child is full price, and the discount is then applied to each additional child starting the first full month of enrollment. Administrative Charges Tuition is due before the first day of each month. Tuition received after the 5th of the month, will incur a $10.00 late fee. Bills are only sent to overdue accounts. Students will be automatically dropped from their classes if accounts become one month past due.
Payment Options: TumbleHQ LLC accepts cash, personal checks, VISA, MasterCard, and can set up automatic monthly credit card withdrawals. There is a $25 fee on all returned checks. No third-party checks are accepted.
Absence Policy: Credit will not be given due to missed classes; one make-up class per month can be scheduled through the TumbleHQ LLC front desk. Make-ups can be scheduled in advance in specific make-up classes or the week of the make-up in a same-level class with openings. Make-ups, once scheduled, cannot be rescheduled for any reason. Students must be currently enrolled to schedule make-ups. If a student misses class due to an injury and is under a doctor's care, please call the front desk to discuss options for holding your child's place in class without charge. However, we must have a doctor's note for your child to return to class. 

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Release, Assumption of Risk, and Indemnity Agreement

This Release, Assumption of Risk, and Indemnity Agreement (“Agreement”) is entered into by the undersigned participant and/or parent/legal guardian on behalf of the minor participant. This Agreement applies to all activities, programs, and services conducted by or affiliated with TumbleHQ LLC, including but not limited to gymnastics, tumbling, physical training, and related activities, whether on TumbleHQ LLC premises or at offsite locations.

Assumption of Risk

I understand that activities at TumbleHQ LLC involve inherent risks that may result in bodily injury, property damage, emotional distress, permanent disability, paralysis, or death. I further acknowledge that risks may arise from:

• Other participants’ actions or inactions
   

• Equipment failure or defects
   

• Improper use of facilities or equipment
   

• Environmental conditions
   

• Negligent supervision, coaching, or instruction
   

I voluntarily assume all such risks on behalf of myself and/or my minor child and accept full responsibility for any injury, loss, or damage that may occur while participating in any TumbleHQ LLC activity or program.

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Release of Liability & Indemnification

To the fullest extent permitted by Texas law, I hereby release, waive, discharge, and covenant not to sue TumbleHQ LLC, its owners, officers, employees, independent contractors, subcontractors, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all claims, liabilities, damages, demands, actions, or causes of action arising out of or related to any injury, illness, disability, death, emotional distress, or property damage sustained while participating in any activity associated with TumbleHQ LLC, regardless of whether such claims arise from the ordinary negligence of the Released Parties.

I further agree to indemnify, defend, and hold harmless the Released Parties from any claims, lawsuits, liabilities, costs, or expenses (including attorney’s fees) brought by any third party, including other participants, spectators, or their representatives, due to my (or my minor child’s) participation in any TumbleHQ LLC activities.

Acknowledgment & Understanding of Agreement

I have carefully read, fully understand, and voluntarily agree to the terms of this Agreement. I acknowledge that by signing this document, I am waiving substantial legal rights, including the right to sue, and I intend for this Agreement to be a complete and unconditional release of liability to the fullest extent permitted by Texas law.

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall be governed by the laws of the State of Texas.

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The COVID Release Tumble HQ LLC:

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. Possible methods of transfer include and may not be limited to; breath, respiratory droplets, physical contact, contact with surfaces. The COVID-19 Pandemic and all associated federal, state, and local directives and guidelines underscore the risks associated for persons out in public. This Release is subject to any federal, state or local directives and it is the responsibility of the undersigned to be aware of such directives and how such directives may affect you and your family. The undersigned understands that exposure to the disease-causing organisms and objects, such as COVID-19, and personal contact with others, including but not limited to Tumble HQ LLC employees, owners, participants, and other associated with our programming and daily business, involves a certain degree of risk that could result in illness, disability, or death. The undersigned acknowledges that it is impossible to screen and/or monitor all such individuals. The undersigned should seek the advice of an attorney on any legal question concerning COVID-19 and associated liability, or any other matters of concern. We are not legal experts, and therefore cannot provide advice in this area. After carefully considering all the potential risks involved, I hereby release Tumble HQ LLC and its officers, managers, employees, owners, agents, and volunteers from any and all liability for and waive any and all claims for injury, loss, or damage, including attorneys' fees, in any way connected with my participation in the activities within the Facilities (a "Claim"), whether or not caused in whole or in part by the negligence or other misconduct of Tumble HQ LLC or any of the individuals mentioned above. I agree to hold harmless and indemnify (in other words, to reimburse and to be responsible for) Tumble HQ LLC and its shareholders, officers, managers, employees, owners, agents, and volunteers from all claims for liability, injury, loss, damage, or expense, including attorneys' fees (including the cost of defending any Claim I might make, or that might be made on my behalf, that is released or waived by this instrument), in any way connected with or arising out of my participation in the activities within the Facilities. If the person participating in the activities at Tumble HQ LLC's Facilities is not yet 18 years old, a parent or the legal guardian must sign: In exchange for my child or ward being allowed to use the Tumble HQ LLC Facilities described above, and as the parent or legal guardian of the above-named individual, I verify that I fully understand, agree to, and accept all provisions of the RELEASE OF LIABILITY, ASSUMPTION OF RISK, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT.

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Policy Updates and Member Responsibility

TumbleHQ LLC reserves the right to modify, amend, or update its policies, procedures, and terms of service at any time to ensure the safety, integrity, and proper operation of its facilities, programs, and activities. Policy changes may be made in response to legal requirements, safety protocols, operational needs, or other necessary adjustments.

It is the sole responsibility of the gym member, participant, parent/legal guardian, or account holder to review and remain informed of all policy updates. TumbleHQ LLC will make reasonable efforts to notify members of material changes, but failure to review updates does not exempt members from compliance.

By continuing to participate in activities, use gym services, or remain a registered member after a policy update, the member or account holder expressly agrees to be bound by the most current version of the policies, as amended.

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