SAFETY & SECURITY 

Welcome to Osofit, where  a safe environment is the cornerstone for working through self-limiting beliefs, breaking barriers and exceeding limits. Our mission is to cultivate a community, encouraging environment where individuals can unleash their full potential. Whether you're aiming to conquer personal goals, pursue professional aspirations, or simply explore new horizons, Osofit promises to uphold a code of conduct. Osofit will not tolerate verbal, physical or sexual abuse; bullying, harassment and hazing; and emotional, physical and sexual misconduct.   

Misconduct refers to conduct and behaviors that are considered harmful to the psychological and physical health of athletes and other participants, regardless of age. Forms of misconduct described below – emotional misconduct, physical misconduct, sexual misconduct, bullying, harassment and hazing– are considered misconduct regardless of intent.  

Osofit, Inc., strives to limit one-to-one interactions to create a safe training environment and to protect athletes and participants. One-to-one interactions must be observable and interruptible, except in emergency situations. Athletes and participants should not be left unattended or unsupervised during Osofit, Inc. activities. Coaches, event organizers, volunteers, and staff members are prohibited from being alone with an individual athlete or participant in any room or building. Social activities and fundraising events shall not be conducted one-on-one.  

PHYSICAL CONTACT WITH ATHLETES   

Appropriate physical contact between athletes and coaches, event organizers, volunteers, or staff members is a productive and inevitable part of sport. Athletes are more likely to acquire advanced physical skills and enjoy their sport participation through appropriate physical contact. However, guidelines for physical contact must be set to reduce the potential for misconduct in sport.  

PROHIBITED PHYSICAL CONTACT   

Prohibited forms of physical contact:   

• asking or having an athlete sit in the lap of a coach, administrator, staff member or volunteer  

• lingering or repeated embraces of athletes that go beyond the criteria set forth for physical contact   

• slapping, hitting, punching, kicking or any other physical contact meant to discipline, punish or achieve compliance from an athlete  

• “cuddling” or maintaining prolonged physical contact during any aspect of training, travel or overnight stay   

• playful, yet inappropriate contact that is not a part of regular training, (e.g., tickling or “horseplay” wrestling)   

• continued physical contact that makes an athlete obviously uncomfortable, whether expressed or not   

• any contact that is contrary to a previously expressed personal desire for decreased or no physical contact, where such decreased contact is feasible in a competitive training environment.  

ASSUMPTION OF RISK & RELEASE OF POTENTIAL INJURY 

By this agreement, I voluntarily elect to use Bakersfield Gymnastics Academy facilities and equipment located at 2762 Unicorn Rd.

I believe to be in good health, in proper physical condition, and otherwise qualified to participate in those programs and activities. As an athlete, or as an athlete’s parent or legal guardian, I declare that I am aware of athletes’ experience and capabilities, and I understand the nature of the gymnastics programs and activities.

I knowingly and willingly assume all those risks as a condition of participation in the programs and activities offered and conducted by Osofit, Inc. for myself and minor(s) for which are in my care. 

I ACKNOWLEDGE AND AGREE THAT THE USE OF TRAMPOLINES AND OTHER ACTIVITIES – INCLUDING, BUT NOT LIMITED TO, TUMBL TRAK, VAULTING TABLE, SPRING BOARDS, UNEVEN BARS, HIGH BAR, PARALLEL BARS, RINGS, BALANCE BEAMS AT VARYING HEIGHTS, AERIAL TRAINING, FITNESS CLASSES, CLIMBING STRUCTURES, CLIMBING ROPES, OBSTACLE COURSES, SOFT PLAY EQUIPMENT, –  IS INHERENTLY AND OBVIOUSLY DANGEROUS.

I ACKNOWLEDGE THAT SUCH DANGERS CANNOT BE ENTIRELY REMOVED OR ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THE ACTIVITY, WHICH I ACKNOWLEDGE AND AGREE ARE PURELY RECREATIONAL. 

I ACKNOWLEDGE AND AGREE THAT THE RISKS OF PARTICIPATION INCLUDE SERIOUS PHYSICAL AND EMOTIONAL INJURY, PARALYSIS, DEATH, DAMAGE TO MYSELF, THE CHILD(REN), AND OTHERS, AND DAMAGE TO PERSONAL PROPERTY, AS WELL AS OTHER RISKS, BOTH KNOWN AND UNKNOWN.  

BAKERSFIELD GYMNASTICS ACADEMY, BGA EMPLOYEES, AND OSOFIT,INC. ARE DEDICATED TO CLOSELY MONITORING THE FACILITY; PARKING LOTS, RECEPTION, WALKWAYS, STAIRS/RAMPS, AND RESTROOMS. I ACKNOWLEDGE AND AGREE THAT IT IS NOT REASONABLE TO EXPECT SUCH EMPLOYEES TO MONITOR THE ACTIVITIES AND ACTIONS OF ALL CUSTOMERS AND ATHLETES AT ALL TIMES.   

FURTHER, I UNDERSTAND THAT THE EQUIPMENT AT THE BAKERFSIELD GYMNASTICS ACADEMY FACILITY OR ANY OTHER SANCTIONED PRACTICE SITE COULD SUFFER FROM KNOWN OR UNKNOWN DEFECTS, AND I VOLUNTARILY ASSUME ANY SUCH RISK. EQUIPMENT USED IN TRAMPOLINES OR OTHER ACTIVITIES OR APPARATUSES MAY BREAK, FAIL, OR MALFUNCTION, DESPITE REASONABLE MAINTENANCE AND USE. SOME OF THE EQUIPMENT USED IN ACTIVITIES MAY INFLICT INJURIES EVEN WHEN USED AS INTENDED. PEOPLE USING EQUIPMENT MAY LOSE CONTROL OF SUCH EQUIPMENT AND CAUSE INJURY TO THEMSELVES AND TO OTHERS. 

BY SIGNING THIS AGREEMENT, I TAKE FULL RESPONSIBILITY FOR MY OWN ACTIONS AND HEALTH, ALONG WITH THE ACTIONS AND HEALTH OF THE CHILD(REN) IN MY CARE.  

RELEASE OF LIABILITY 

On behalf of myself and any minor(s) in my care, I hereby forever, irrevocably, and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue Osofit, Inc. from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorney's fees, damages, judgements, and liabilities of charges, expenses, attorneys' fees, damages, judgements and liabilities of whatever kind or nature, in law, equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to, or arising, directly or indirectly, from my or the child(rens) prior, current, or future access or participation in Osofit, Inc. activities. I am voluntarily engaging in activity at Bakersfield Gymnastics Academy premises and its equipment (whether trampolines or otherwise). 

I acknowledge and agree that this agreement is intended to release and provide other benefits, legal protections and considerations to Osofit, it., DBA Osofit, Inc. and their respective and collective agents, owners, operators, directors, administrators, sponsors, officers, managers, members, shareholders, affiliates (or any entity affiliated with Osofit, Inc.), volunteers, participants, employees, staff, coaches, officials, instructors, trainers, clubs, successors, predecessors-in-interest, sponsors, manufacturers, contractors, inspectors, trade associations, sanctioning bodies, landlords, lessors of premises, lenders, and all other persons or entities acting in any capacity on their respective or collective behalf, (collectively, Osofit, Inc). 

I acknowledge and agree that this release and waiver applies to and includes all activities in which I or the child(ren) engage whether inside or outside Bakersfield Gymnastics Academy. I expressly agree that the foregoing release is intended to be as broad and inclusive as permitted by the laws of the State of California. 

I acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability and agree to voluntarily give up or waive any right that I otherwise must bring a legal action against Osofit, Inc for Personal injury or property damage.

AGREEMENT TO PAY MY OWN MEDICAL EXPENSES 

I acknowledge, accept and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the children possess, whether known or unknown, that could contribute to or exacerbate any injury I or the child(ren) may suffer as a result of using Bakersfield Gymnastics Facilites or Osofit, Inc. practice site, whether that be in a residential or commercial site, or any of its equipment. If medical assistance of any form (including emergency care, hospitalization, out-patient care, counseling, and/or physical therapy, is required or performed as a result of any injury I or the child(ren) suffer, such assistance shall be at my own expense. I warrant and represent that I have sufficient insurance coverage to pay for such medical assistance.

REPORTING REQUIREMENT 

I understand and agree to immediately report all injuries to the management of this facility so all relevant videos of the incident can be stored for future retrieval. In the absence of the immediate report, I acknowledge that Osofit, Inc. may be prejudiced and disadvantaged should I file and claim for arbitration. As such, if I fail to immediately report the incident, I waive all rights to claim any loss or injury.

ARBITRATION OF DISPUTES: TIME LIMIT TO BRING CLAIM; CHOICE OF LAW 

I agree to arbitrate any and all disputes that arise relating to my and/or the child(ren)'s use of the facilities including, but not limited to, any disputes regarding the enforceability of this agreement and/or this arbitraing provision. I understand that, by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the child(ren), to maintain a lawsuit in a court of law against Osofit, Inc. for any and all claims covered by this agreement. By agreeing to arbitrate, I understand that I will not have the right to have my and/or child(ren)'s claim(s) determined by a jury. 

Any dispute, claim or controversy arising out of or relating to my or the child(ren)'s access to and/or use of the practice facilities, including the determination of the scope or applicability of this agreement to arbitrate, shall be brought within one year of its accrual (i.e., the date of the alleged injury) and be determined by arbitration in the county of Kern, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its rule 16.1 expedited arbitration rules and procedures. Judgement on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. This agreement shall by governed by, construed, and interpreted in accordance with the laws of the State of California, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of the Agreement shall by governed by the Federal Arbitration Act (9 U.S.C, Sec 1-16). I understand and acknowledge that the JAMS Arbitration rules to which I agree are available online for my review at jamsadr.com and include JAMS comprehensive Arbitration Rules & procedures? Rule 16/1 Expedited Procedures; and policy on consumer minimum standards of procedural fairness. 

MEDIA RELEASE POLICY 

This policy is designed to obtain permission before photographing or recording Osofit activities. By enrolling in a class you grant permission to be photographed or recorded during class activities for marketing and promotional materials. Photographs and recording may be used in various promotional materials, including but not limited to brochures, websites, social media, and other marketing channels. If this is a concern please contact Sarah at Sarah@osofit.life