Radical Movement Factory Participant Agreement, Release and Assumption of Risk In consideration of services of Radical Movement Factory, owners, officers, volunteers, participants, employees and all other persons and entities action in any capacity on their behalf (hereinafter collectively referred to as “RMF”) ,I hereby agree to release, indemnify and discharge RMF, on behalf of myself, my spouse, my children, my parents, my heirs assigns, personal representatives and estate as follows: 1. I acknowledge that my participation in manipulation skills , equilibristic skills, acrobatic skills, drama skills, and aerial arts training and instruction activities entails knows and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that suck risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things; slips and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; straings, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Traveling to and from shoes, meets and exhibitions will raise the possibility of any manner of transportation accidents. In any event, if you or your child is injured, any medical assistance will be at your own expense Furthermore. RMF employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 1. I expressly agree and promise to accept and assume all risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless RMF from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of RMF’s equipment or facilities, including any such claims which allege negligent acts or omission of RMF. 3. Should RMF or anyone action in their behalf ,be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 5. In the event that I file a lawsuit against RMF, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By agreeing to this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against RMF on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understand it and agree to be bound by its terms. Parent or Guardian's Additional Indemnification (If participant is under the age of 18) In consideration of “Minor” being permitted by RMF to participate in its activities and to use equipment and facilities, I further agree to indemnify and hold harmless RMF from any and all claims which are brought by, or on behalf of “Minor” and which are in any way connected with such use or participation by “Minor” ------------------------------------------------------ If applicable: In consideration of the participant being permitted by the facility to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless the facility from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor. Governing Law, forum, and consent to jurisdiction. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of CA including its statutes of limitations and without regard to its choice of law principles. This Agreement may not be changed orally, and no modification, amendment or waiver of any provision contained in this Agreement, or any future representation, promise or condition in connection with the subject matter of this Agreement shall be binding upon any party hereto unless made in writing and signed by both parties. In order to participate in classes or other events at the facility, the undersigned accepts the entire agreement. No written modification or strike-out of the originally typed agreement shall be effective unless signed by both parties. I agree that if any portion of this Agreement is held to be invalid, that portion shall be severable, and the remaining agreement shall continue to have full force and effect. In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, estate, next of kin, executors, administrators, assigns and representatives.
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