Release and Waiver of Liability

I acknowledge that all physical exercise has inherent dangers, and I fully realize the risks to me / my child associated with the use of exercise equipment and exercise activities. I fully assume myself / my child, all risks associated with the use of SHS Gym including but not limited to: Sacred Heart School, Sacred Heart Church and Khin Academy Inc. negligence in design, maintenance, supervision, instruction or warning, inadequate safety equipment, the negligence of other participants in and users of the Sacred Heart School Court/Gym, the possibility of serious physical or mental trauma, the misuse of this facility or its equipment by myself or others, surface hazards, and fixed or moving objects.

I acknowledge myself / my child participating in and using the Sacred Heart School Gym voluntarily for my sole benefit. I acknowledge that the Gym is provided only as a courtesy. I will use Sacred Heart School Gym and its equipment in a safe, reasonable, and courteous manner. I understand that myself / my child’s participation in and use of the Sacred Heart Gym will involve strenuous physical exertion and will require sound judgment at all times during myself / my child’s participation. I understand and agree that I, alone, am responsible for myself / my child, to determine my child physical and mental fitness and suitability to participate. I acknowledge that Sacred Heart School, Sacred Heart Church and Khin Academy Inc will not attempt to determine, nor will I hold Sacred Heart School, Sacred Heart Church and Khin Academy Inc. liable to determine, myself / my child’s physical and mental fitness, or suitability to participate either before myself / my child begin participation or at any time during myself / my child participation in and use of the Sacred Heart School Gym. On behalf of myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest, I hereby waive, release, discharge, hold harmless, promise to indemnify Sacred Heart School, Sacred Heart Church, Khin Academy Inc, its members, directors and officers and other employees from any and all rights and claims.

I agree, on behalf of myself and my successors, that the above representations are contractually binding, and that should I or my successors assert my claim in contravention of this agreement, the asserting party shall be liable for the expenses (including legal fees) incurred by the other party or parties, in defending against such claim, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as modification of any other provision or as consent to any other provision or as consent to any subsequent waiver or modification.

Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. I understand and agree that the effect of signing this Release and Waiver of Liability is to give up all my legal rights to file any lawsuit or to recover any money damages against Khin Academy Inc, Sacred Heart School & Sacred Heart Church, its members, directors, officers and employees for any claim relating to my participation in and the use of Sacred Heart School Gym. I have been given the opportunity to read carefully all the terms of this Release and Waiver of Liability and I understand fully the legal consequences of signing it. I understand that I will not be allowed to participate in and use the Gym unless I sign this Release and Waiver of Liability. Since my participation in and use of Sacred Heart School Gym is voluntary, I have agreed to sign this Release and Waiver of Liability.