PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Frequent Flyers Productions®, Inc., their agents, owners, directors, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "FFP"), I hereby agree to release, indemnify, and discharge FFP, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I represent that I am in good health and have no known exposure to COVID-19 and no symptoms of COVID-19, including fever, sudden loss of taste or smell, vomiting or diarrhea, cough, shortness of breath or sore throat, for 14 days prior to attending the facility. I acknowledge that if I believe I have had any exposure to COVID-19, I will immediately cease attendance at the facility until I can again warrant that I have had no known exposure for the 14 day prior and alert the facility if I have been on the premises since my exposure.
2. I acknowledge that my participation in a low flying trapeze and aerial dance class entails known 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 such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
3. I acknowledge that my participation in online classes entails known 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 such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: Aerial Dance activities entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, Aerial Dance students would not improve their skills, and the enjoyment of the activities would be diminished. Aerial Dance activities expose its participants to the usual risk of cuts and bruises. Other more serious risks exist as well. Participants can fall off equipment, sprain or break wrists and ankles, and can suffer more serious injuries as well. Traveling to and from shows raises the possibility of any manner of transportation accidents. In any event, if you or your child is injured, your or your child may require medical assistance, at your own expense.
Furthermore, FFP 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.
4. I am aware that training during and after the COVID-19 pandemic involves certain inherent risks, dangers and hazards, which can result in serious infection, personal injury or death. I further acknowledge, understand, appreciate, and agree that my participation may result in possible exposure to and illness from COVID—19. While protocols and personal discipline may reduce this risk, the risk of serious injury, illness, and even death is not possible to fully mitigate.
5. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
6. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FFP 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 FFP's equipment or facilities, including any such claims which allege negligent acts or omissions of FFP.
7. I hereby freely agree to assume and accept all known and unknown risks of exposure to COVID-19, even arising from the negligence of others, the facility and its staff. I further recognize and acknowledge that the risks inherent in training can be greatly reduced by carefully following the safety precautions displayed at the studio, covered in pre-class safety briefings, display on the FFP website, and communicated to me via email.
8. 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.
9. I have read this Agreement and I fully understand its terms. I understand that I am giving up substantial rights, including my right to sue FFP, the facility and its staff for injuries resulting from the inherent risks of training during and after the COVID-19 pandemic, and the ordinary negligence of the facility and staff. I further acknowledge that I am signing this agreement freely and voluntarily, without inducement or assurance of any nature, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the laws of the State of Colorado.
10. Should FFP or anyone acting on 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.
11. 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.
12. In the event that I file a lawsuit against FFP, I agree to do so solely in the State of Colorado, and I further agree that the substantive law of the State of Colorado 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.
13. 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.
14. 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.
By signing 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 FFP 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 understood it, and I agree to be bound by its terms.
In consideration of ("Minor") being permitted by FFP to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless FFP 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.
Participant Signature and/or Parent or Legal Guardian if Participant is under 18
PHOTO / VIDEO RELEASE
I will allow Frequent Flyers® Productions the right and permission to publish, without charge, photographs and video taken during Frequent Flyers® classes and performances, including but not limited to those taken during the Aerial Dance Festival, events taking place off our premises, and online classes. The photographs and video footage may be used in electronic publications, promotional literature and advertising.
Participant Signature and/or Parent or Legal Guardian if Participant is under 18