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In consideration of being allowed to participate in any or all of the

services and activities, including, but not limited to, those set forth

in the Participation and Arbitration Agreement and any related events

and activities, the undersigned acknowledges, appreciates, and agrees

that: (1) Participation includes possible exposure to and illness from

infectious diseases including but not limited to MRSA, influenza, and

COVID-19. While particular rules and personal discipline may reduce

this risk, the risk of serious illness and death does exist; and, (2)

Participant for myself, and/or on behalf of my spouse, and minor

child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

(3) agree to comply with the stated and customary terms and conditions

for participation with respect to protection against infectious

diseases and if I observe any unusual or significant hazard during my

presence or participation, I will remove myself from participation and

bring such to the attention of the nearest management employee

immediately; and (4) that I, as parent/guardian, with legal

responsibility for any minor participant, have read and explained the

provisions in this waiver/release to my child/ward including the risks

of presence and participation and his/her personal responsibilities for

adhering to the rules and regulations for protection against infectious

diseases; and, (5) I, for myself and/or on behalf of my spouse, and

minor child(ren)/ward(s) as well as on behalf of my heirs, assigns,

personal representatives and next of kin, HEREBY RELEASE AND HOLD

HARMLESS Eagle Cheer Academy, Haley and Stephen Maddox, its officers, officials, agents, cheerleaders & coaches

and/or employees, other participants, sponsoring agencies, sponsors,

advertisers, owners, parent companies, affiliated entities and lessors

of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS,

DISABILITY, DEATH, or loss or damage to person or property, WHETHER

ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK

AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION

PLEASE READ THIS DOCUMENT CAREFULLY

BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE'S AND MINOR'S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY 

For the right to participate in any of the services or activities at

Eagle Cheer Academy, Haley & Stephen Maddox ’s premises (the “PREMISES”), including, but not limited to,

trampoline park access, trampoline dodge ball, trampoline basketball,

aerial training, fitness classes, trampoline courts, foam pit

activities, reduced/altered/theatrical/laser and special effects lighting,

snack bar access and any other amusement activities (collectively

“ACTIVITIES”), provided by Eagle Cheer Academy, Haley & Stephen Maddox and its agents, owners, parent

company, subsidiaries, affiliated facilities, franchisors, officers,

directors, principals, volunteers, participants, clients, customers,

invitees, employees, independent contractors, insurers, facility

operators, land and/or PREMISES owners, and any and all other persons

and entities acting in any capacity on its behalf (collectively

“Eagle Cheer Academy, Haley & Stephen Maddox”), I, on behalf of myself, and my spouse, legal partner,

children, wards, heirs, assigns, personal representatives and estate,

if any (“My People”), hereby: acknowledge, agree or represent (as the

case may be): (a) that immediately upon entering or participating I

will inspect and carefully consider the PREMISES; (b) that entry into

the PREMISES for observation or use of any facilities or equipment or

participation in ACTIVITIES constitutes an acknowledgement that the

PREMISES and all facilities and equipment thereon have been inspected

and carefully considered by me and that My People and I find and accept

same as being safe and reasonably suited for the purpose of such

observation, use or participation by My People and me; (c) that My

People and I are in good health and in physical condition to

participate in the ACTIVITIES that Praxis Holdings, LLC DBA Defy Sparks provides; (d) that during the

ACTIVITIES neither I nor My People will be under the influence of

alcohol or any illicit or prescription drugs that would in any way

impair my/our ability to safely participate in ACTIVITIES; (e) that we

have not been advised against any activities by a health professional;

and (f) that we are under no obligation to participate in any

ACTIVITIES against our will; (g) that we will only participate in

ACTIVITIES for which we have sufficient skill to avoid injury; (h) that

it is my sole responsibility to determine whether we are sufficiently

fit and healthy enough to participate in ACTIVITIES; (i) that we are

familiar with and will abide by the rules established for the

ACTIVITIES, which include without limitation the rules posted at the

PREMISES or the related website; (j). we accept sole responsibility for

our own conduct and actions, as well as the conduct and actions of each

other while participating in the ACTIVITIES, and the condition and

adequacy of the equipment.

(1) ASSUMPTION OF RISK AND RELEASE OF LIABILITY: I

acknowledge that I and/or my spouse have full authority as parent or

legal guardian to bind the minor participant to this release and

agreement (“AGREEMENT”). On behalf of myself and My People, I (a)

further acknowledge that we are voluntarily participating in the

ACTIVITIES, which I agree are dangerous and entail both known and

unknown inherent risks, including the risk of injury, permanent

disability, or even death, deriving from, but not limited to, equipment

malfunctions; building malfunctions; lack of supervision and/or trained

trampoline monitors; lack of proper equipment or padding, netting, or

other safety measures; slipping; falling; landing; or colliding with

fixed objects or other people, as well as the negligence and/or

omissions committed by me, my spouse and/or my child(ren)/ward(s),

Eagle Cheer Academy, Haley & Stephen Maddox , and/or any other person and/o Eagle Cheer Academy, Haley & Stephen Maddox while on the PREMISES;

(b) voluntarily assume all such risks; (c) understand and acknowledge

that Eagle Cheer Academy, Haley & Stephen Maddox does not manufacture the trampolines or other equipment at

the PREMISES, but purchases and/or leases the trampolines and equipment

and therefore Eagle Cheer Academy, Haley & Stephen Maddox may not be held liable for defective products or

equipment. Despite all known and unknown risks including but not

limited to serious bodily injury, permanent disability, paralysis and

loss of life that may be sustained while on the PREMISES, on behalf of

myself and My People I hereby expressly, unconditionally and

voluntarily remise, release, waive, relinquish, acquit, satisfy and

forever discharge and agree and covenant not to sue Eagle Cheer Academy, Haley & Stephen Maddox , including

its suppliers, designers, installers, manufacturers of any trampoline

equipment, foam pit material, or such other material and equipment at

the PREMISES (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and

agree to hold said parties harmless of and from any and all manner of

actions or omission(s), causes of action, suits, sums of money,

controversies, damages, judgments, executions, claims and demands

whatsoever, in law or in equity, including, but not limited to, any and

all claims which allege negligent acts and/or omissions committed by

Eagle Cheer Academy, Haley & Stephen Maddox or any EQUIPMENT SUPPLIERS while in or about the PREMISES and/or while participating in or as a result of participating in any of the

ACTIVITIES in or about the PREMISES and/or while using any items

purchased in or about the PREMISES, whether the action arises out of

any damage, loss, personal injury, emotional injury, or death to me or

My People. This release of liability is effective and valid regardless

of whether the damage, loss or death is a result of any act or omission

on the part of Eagle Cheer Academy, Haley & Stephen Maddox and/or any EQUIPMENT SUPPLIERS.

(2) INDEMNIFICATION: I understand that the known and

unknown risks may be caused in whole or in part by the actions or

inactions of myself or My People, or by the actions or inactions of

others participating in activities, or the acts, inaction or any type

of negligence of Eagle Cheer Academy, Haley & Stephen Maddox or any EQUIPMENT SUPPLIERS, and in

consideration of being allowed, along with My People to enter onto and

into the PREMISES for observation or use of any facilities or equipment

or participation in ACTIVITIES, I hereby assume all risk of damage,

loss, personal injury, or death to myself and My People while in or

about the PREMISES and/or while participating in or as a result of

participating in any of the ACTIVITIES in or about the PREMISES and/or

while using any items purchased in or about the PREMISES, including any

such loss due to the sole or partial negligence of Eagle Cheer Academy, Haley & Stephen Maddox and all

EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless Eagle Cheer Academy, Haley & Stephen Maddox and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Eagle Cheer Academy, Haley & Stephen Maddox and all EQUIPMENT SUPPLIERS as a result of any claims asserted by me or My People against Eagle Cheer Academy, Haley & Stephen Maddox and all EQUIPMENT SUPPLIERS, including, but not limited to, any

and all attorneys’ fees, costs, damages and/or judgments Eagle Cheer Academy, Haley & Stephen Maddox and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of Eagle Cheer Academy, Haley & Stephen Maddox or any EQUIPMENT SUPPLIERS and that on behalf

of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless Praxis Holdings, LLC DBA Defy Sparks for any injury, damage and/or harm that I or My People cause to Praxis Holdings, LLC DBA Defy Sparks or the PREMISES and/or to any and all other persons and entities acting in any capacity on behalf of Eagle Cheer Academy, Haley & Stephen Maddox .

(3) LIABILITY FOR PROPERTY: I, on behalf of myself and My People, agree that Eagle Cheer Academy, Haley & Stephen Maddox is not liable to us or our guests, for any personal property that is damaged, lost, or stolen while on or about the PREMISES

including, but not limited to, a vehicle or its content or any property

in a locker or otherwise, whether or not Eagle Cheer Academy, Haley & Stephen Maddox was negligent.

(4) ATTORNEYS’ FEES:

To the extent permitted by law, I promise to indemnify and pay

Eagle Cheer Academy, Haley & Stephen Maddox for any attorneys’ fees and/or costs incurred to enforce

the Mediation, Non-Binding Arbitration portion of this

AGREEMENT, including all costs associated with any collection efforts.

(5) PHOTO RELEASE: By entering the PREMISES, on behalf

of myself and My People I hereby grant to Eagle Cheer Academy, Haley & Stephen Maddox the irrevocable right

and permission to photograph and/or record us on the PREMISES and to

use the photograph and/or recording for all purposes, including,

without limitation, advertising and promotional purposes and other

commercial purposes, in any manner and all media now or hereafter

known, in perpetuity throughout the world, without restriction as to

alteration. I on behalf of myself and My People, waive any right to

inspect or approve the use of the photograph and/or recording, and

acknowledge and agree that the rights granted by this release are

without compensation of any kind.

(7) TERMS OF AGREEMENT: I understand that this

AGREEMENT extends forever into the future and will have full force and

legal effect each and every time I or My People visit the PREMISES,

whether at the current location or any other Eagle Cheer Academy, Haley & Stephen Maddox location or

facility, including, or any of its subsidiary or affiliates’ locations

or facilities. I agree that this AGREEMENT is intended to be as broad

and inclusive as is permitted by the laws of this state and that if any

portion thereof is held invalid, it is agreed that the balance shall,

notwithstanding, continue in full legal force and effect.

(8) MEDIATION, NON-BINDING ARBITRATION AND VENUE: If a

dispute arises out of or relates to this AGREEMENT and/or Eagle Cheer Academy, Haley & Stephen Maddox and/or

EQUIPMENT SUPPLIERS and/or any ACTIVITIES and/or an incident that

occurs while on the PREMISES, and/or while using any items purchased in

or about the PREMISES, as well as the installation, design,

construction, and condition of the PREMISES by Eagle Cheer Academy, Haley & Stephen Maddox and/or EQUIPMENT

SUPPLIERS, involving a single claimant, or claimants who are related or

asserting claims arising from a single incident and if the dispute

cannot be settled through direct negotiations, and unless the parties

agree on a different mediation or non-binding arbitration process, the

parties agree first to try in good faith to settle the dispute by

mediation administered by the American Arbitration Association (the

“AAA”) under its Commercial Mediation Procedures available at http://www.adr.org before resorting

to non-binding arbitration. Thereafter, any unresolved claims shall be

submitted to non-binding arbitration administered by the AAA in

accordance with its Non-Binding Consumer Arbitration Rules, except that

Rule R-2 (e) is amended to allow an answer to be filed within thirty

(30) calendar days. The arbitration shall be governed by the laws of

the State in which the Eagle Cheer Academy, Haley & Stephen Maddox is located. In-person hearings will take

place pursuant to the Non-Binding Consumer Arbitration Rules in the

county/parish and state in which Eagle Cheer Academy, Haley & Stephen Maddox is located. Except as may be

required by law, neither a party nor an arbitrator may disclose the

existence, content, or results of any non-binding arbitration hereunder

without the prior written consent of both parties. The parties agree to

mediation and non-binding arbitration of any and all claims, disputes

and grievances, not otherwise excepted herein, arising out of or

relating to this AGREEMENT, the participation in any on-site ACTIVITIES

and/or while on the PREMISES, and/or while using any items purchased in

or about the PREMISES, as well as the installation, design,

construction, and condition of the PREMISES by Eagle Cheer Academy, Haley & Stephen Maddox and/or EQUIPMENT

SUPPLIERS. A copy of the Rules mentioned herein may be obtained from

the AAA by visiting AAA’s website at http://www.adr.org. The scope of this

AGREEMENT is intended to be as broad as possible under applicable law,

and shall include all types of negligence, tort, contract, statutory

and administrative actions. The parties further agree to submit to

non-binding arbitration the issues of substantive and procedural

arbitrability, including defenses to arbitration and all disputes

regarding the enforceability, interpretation, breadth, scope and

meaning of this AGREEMENT. The parties reserve their rights to resolve

disputes involving less than $10,000.00 in an applicable small claims

or district court in the county/parish and state in which the Eagle Cheer Academy, Haley & Stephen Maddox is

located that are within the scope of the small claims’ or district

court’s jurisdiction. In the event non-binding arbitration does not

totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against Eagle Cheer Academy, Haley & Stephen Maddox shall be in the county/parish and state in which the PREMISES are is located. It is further agreed that the substantive law of the State in which the Eagle Cheer Academy, Haley & Stephen Maddox is located shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction.

By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me and My People, the right to maintain any action in court or to be decided by a jury against Eagle Cheer Academy, Haley and Stephen Maddox on the basis of any claim from which I have released Eagle Cheer Academy & Haley and Stephen Maddox and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My People and agreed to indemnify and hold harmless Eagle Cheer Academy, Stephen & Haley Maddox and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Eagle Cheer Academy, Haley & Stephen Maddox and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the PREMISES by myself or My People, and/or claims asserted by myself or My People against Eagle Cheer Academy, Haley & Stephen Maddox and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

You MUST have reached the age of majority in your state of residence to sign your own waiver

You MUST be the Parent or Legal Guardian to sign for a minor (under age of majority)

We reserve the right to review your license and/or other forms of

ID to verify identity and age.

Please sign here: