RUSHMORE ATHLETICS, LLC RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Acknowledgment of Risks and Consent to Participate
1.1. As the legal Guardian of the below-named athlete(s) (hereinafter "Participant(s)"), I voluntarily consent to their participation in activities offered by Rushmore Athletics, LLC (hereinafter "Company").
1.2. I understand these activities include, but are not limited to, all aspects of cheerleading, tumbling, dance training, and competition.
1.3. I acknowledge that these activities are athletic in nature and it is my intent to have the Participant(s) engage at the level being offered.
1.4. I certify that the Participant(s) is/are in good health, physically fit, and able to participate in the Company's activities.
1.5. I understand and accept that the Company does not evaluate whether Participant(s) are fit and able to participate.

Assumption of Risk
2.1. I am fully aware and understand that these activities may be dangerous and involve risks of damage, serious injury, and even death, both to the Participant(s) and to others.
2.2. I acknowledge that there are many potential causes for property damage, serious injury, and death, including but not limited to:
2.2.1. Negligence of the Company, its owners, employees, staff, medical personnel, and equipment.
2.2.2. Negligence of the Participant(s).
2.2.3. Negligence of other participants or third parties.
2.3. I voluntarily assume all risks associated with the Participant(s)' involvement in the Company's activities.

2.4. I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I may be exposed to or infected by such diseases by accessing or using the Company’s facilities.

2.5. I understand that such exposure or infection may result in personal injury, illness, disability, or death. I voluntarily agree to assume all risks related to exposure to COVID-19 or any other communicable disease and accept sole responsibility for any resulting injury, illness, damage, loss, claim, or expense.

Waiver and Release of Liability
3.1. In consideration of the Participant(s) being permitted to participate in the activities offered by the Company, I hereby agree to release, waive, discharge, and covenant not to sue the Company, its owners, agents, employees, staff, or medical personnel.
3.2. This release extends to all liability for any and all loss, damage, claims, or demands on account of injury to the Participant(s), myself, and property of any person, including death.
3.3. This waiver applies to any incident arising out of or related to the activities offered at the Company, whether caused by the negligence of the Company or otherwise.
3.4. This waiver specifically includes any injury or claim for any incident occurring in the parking lot of the facility due to weather conditions, such as rain, snow, ice, or any other adverse weather-related situation, as well as any other cause, including but not limited to, accidents involving vehicles, slips, trips, falls, or any other incidents arising from the use or condition of the parking lot. This comprehensive waiver covers all potential causes of injury or damage in the parking lot, whether caused by the negligence of the Company, its owners, agents, employees, staff, medical personnel, or any other parties.

3.5. I hereby release, waive, discharge, and hold harmless Company, its owners, employees, agents, and representatives from any and all claims, liabilities, damages, or losses related to COVID-19 or other communicable diseases, whether caused by negligence or otherwise.

3.6. I further agree to comply with all health and safety guidelines implemented by Company to reduce the risk of exposure. I understand that failure to follow these guidelines may result in the denial of access to the facility.

Indemnification
4.1. I agree to indemnify, save, and hold harmless the Company, its owners, agents, employees, staff, and medical personnel from any loss, liability, damage, or cost they may incur.
4.2. This indemnification applies to claims generated while in activities at the Company, whether caused by their negligence or otherwise.

Scope of Agreement
5.1. This Agreement extends to all acts of negligence by the Company, including but not limited to:
5.1.1. Dangerous conditions and latent defects.
5.1.2. Premises liability and code violations.
5.1.3. Negligent security and failure to warn.
5.1.4. Vicarious liability, negligent hiring, and employment.
5.1.5. Negligent supervision and maintenance defects.
5.1.6. Improper and dangerous equipment.
5.1.7. Negligent medical treatment.
5.2. This Agreement is intended to be as broad and inclusive as permitted by South Dakota law.
5.3. If any portion of this Agreement is held invalid, the remaining portions shall continue in full legal force and effect.

Compliance and Consent
6.1. I agree to comply with all stated and posted safety rules, signs, and verbal instructions of staff as conditions for participation.
6.2. I give consent to the Company to render first aid in the event of injury or illness, and to seek emergency medical services including ambulance and hospital care.
6.3. I agree to be responsible for all related medical expenses and costs.
6.4. I understand that staff members are not doctors or medical practitioners of any kind.

Binding Arbitration
7.1 The parties understand and agree that this contract contains a binding arbitration provision which may be enforced by the parties, and that by entering into this agreement, the parties are giving up and waiving their constitutional right to have any claim decided in a court of law before a judge and a jury, as well as any appeal from a decision or award of damages. All disputes arising out of or relating to this agreement shall be resolved exclusively by binding arbitration and not by a lawsuit or resort to court process. The arbitration shall be conducted in accordance with the national arbitration forum code of procedure.

Acknowledgment
8.1. I have read this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
8.2. I fully understand its terms and understand that I have given up substantial rights for myself and on behalf of the Participant(s) by signing it.
8.3. I have signed this Agreement freely and voluntarily without any inducement, assurance, guarantees, or warranties, expressed or implied.
8.4. I intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law under South Dakota jurisdiction.