It is my desire as the Participant referred to herein to utilize the gymnasium, facilities, and tumbling equipment (hereafter the "Facilities") located at Airborne Academy Inc. ("AA"), 11235 John Galt Drive Blvd., Omaha Douglas County Nebraska 68137. In connection with my use of such Facilities, I understand that activities associated with tumbling, gymnastics, dancing, and cheerleading, involve risks that could cause injuries to any part my body. I likewise understand that my use of athletic equipment at the Facilities, which may include trampolines, double-minis, rod-floors, tumble tracks, and rope climbing equipment involve special risks that increase the risks of serious injuries due to the altitude or height of the activity and the harm associated with a fall from an elevated height (with activities associated with tumbling, gymnastics, dancing, and cheerleading, and the use of the athletic equipment at the Facilities being collectively referred to hereinafter as the "activities"). I understand that my participation in the activities within the Facilities involves submitting myself to a particularly high risk of sprains, strains, fractures, breaks, ruptures, and dislocations of the bones, muscles, ligaments, and tendons in the ankles, feet, knees, thighs, fingers, hands, arms, shoulders, back, wrists, and face, as well as other types of serious injuries described in paragraph 2 below. In exchange for my being allowed to participate in the activities at the Facilities owned and managed by AA, I agree (and if I am not 18 years old, my parent or legal guardian, agrees) to be bound by each of the following terms contained within this ASSUMPTION OF RISK, RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNIFICANTION AGREEMENT (hereafter referred to as the "Agreement"):

1. Voluntary Participation. I understand and confirm that my participation in the activities within the Facilities mentioned above is voluntary. I attest that I am physically fit and do not have any medical conditions or health ailments that could be aggravated by my participation in the above-mentioned activities.
2. Identification of Risks. I understand that my participation in the activities within the Facilities may involve serious risk of injury to myself. I also understand that the risk of injury may include the possibility of permanent disability, paralysis, brain injury, illness, disease, and death. I recognize that other serious risks include heat and over-exertion injuries (such as heat stroke, cardiac arrest, and respiratory arrest), broken bones, nerve or spine damages, and joint dislocations. I understand that this Agreement is intended to address all of the risks associated with my participation in the above-mentioned activities undertaken within the Facilities, including, particularly, such risks created by action, inactions, or negligence on the part of AA and its shareholders, officers, managers, employees, agents, and volunteers (with such other persons possibly rendering services to AA in connection with the undersigned Participant's use of the Premises), including, but not limited to, risks created by the following: (a) my physical limitations and/or discomfort; (b) my use of the Facilities and/or the condition of the above-mentioned athletic equipment within the Facilities where such activities occur; (c) lack or inadequacy of policies, rules, or regulations with respect to use of such athletic equipment or Facilities; (d) the failure of AA to protect me from the actions, inactions, negligence, recklessness, or intentional or criminal misconduct of persons other than those affiliated with AA; (e) the inadequacy or unavailability of medical facilities or treatment; or (f) the lack of or inadequacy of supervision on the part of AA or its shareholders, officers, managers, employees, agents, and volunteers in respect to my use of the Facilities.
3. Assumption of Risk. I assume all risks that are connected with my participation in the activities within the Facilities. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the activities within the Facilities.
4. Release and Waiver. I release AA and its shareholders, officers, managers, employees, 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 AA or any of the individuals mentioned above.
5. Hold Harmless and Indemnification. I agree to hold harmless and indemnify (in other words, to reimburse and to be responsible for) AA and its shareholders, officers, managers, employees, 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.
6. Binding Effect. This Agreement shall be binding upon myself and my relatives, personal representatives, insurers, members, heirs, beneficiaries, next of kin, or assigns and shall insure to the benefit of AA and its shareholders, officers, managers, employees, agents, and volunteers (with such shareholders, officers, managers, employees, agents, and volunteers being an intended beneficiary of this Agreement due to their involvement with AA's business).
7. Consent to Medical Treatment. I authorize AA and its managers, officers, employees, or volunteers to provide to me, through medical personnel of their choice, customary medical assistance, transportation, and emergency medical services should I require such assistance, transportation, or services as a result of injury or damage related to any participation in the activities within the Facilities. This consent does not impose a duty upon AA or its managers, officers, employees, or volunteers to provide such assistance, transportation, or services.
8. Applicable Law. Because AA and the Facilities are located in the State of Nebraska, and in order to provide certainty in the law to be applied to the construction of this instrument, this Agreement shall be governed, constructed, and enforced in accordance with the law of Nebraska.

THIS IS A RELEASE OF LIABILITY AND WAIVER. I HAVE READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNIFICANTION AGREEMENT AND CONSENT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT. I AM SIGNING THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNIFICANTION AGREEMENT VOLUNTARILY.

If the person participating in the activities at AA'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 AA 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 ASSUMPTION OF RISK, RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT.

(The following is Not applicable to a one time event including but not limited to, bonding parties, non-member open gyms, Parent night out, Birthday parties, and Camps).The first payment to Airborne Academy includes an annual membership fee along with the first month's tuition. Tuition is due monthly and can be prorated depending on the date of enrollment. All tuition payments are due on the 1st of each month, with a $10 late fee assessed after 10 days. Automatic payments with a card on file is mandatory. Expired cards or cards that have been replaced can be updated in the membership portal on our website. Tuition payments to Airborne Academy will renew monthly unless we receive a written cancellation notice by the 20th of the current month.

I understand that my child's likeness may be used in Airborne Academy, Inc. , promotional
videos, (including facebook, twitter and other social media sites) website material, or various other marketing. These images will be used for Airborne Academy, Inc. purposes only, and will not be given or sold to outside companies or individuals.

By entering this facility, you are aware that you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19). The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons.

Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or its symptoms through no fault of our own. Known coronavirus symptoms include fever, coughing, shortness of breath, pneumonia, kidney failure, and may include other symptoms, stroke or even death (collectively "Symptoms"). You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members.