ANNUAL PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Twisted Bodies LLP, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "TB"), I hereby agree to release, indemnify, and discharge TB, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that my participation in aerial arts training and instruction activities, pole dance, pilates and pilates equipment, yoga, acro yoga and TRX 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: 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; strains, 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 shows, 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, TB 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.
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.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TB 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 TB's equipment or facilities, including any such claims which allege negligent acts or omissions of TB.
Should TB 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.
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.
I hereby give TB the irrevocable right to use my name, picture, photograph, portraits, visual likeness, or voice in all forms and media in all manners, including photo, film, audio, and video representations, for non-profit, public purposes and I hereby waive any right to inspect or approve the finished product that may be created in connection therewith.
In the event that I file a lawsuit against TB, I agree to do so solely in the state of Texas, 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 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 TB 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.
Dated: September 20, 2020
- Payment is due at the time of registration.
- All memberships are set up as an auto draft payment. There is no contract, you may choose the draft date, any membership cancelations need to be made in writing via email to email@example.com 2 weeks before the date of the next draft.
- No refunds will be given after the first class.
- Please arrive 5 minutes before class start time.
- Cancelations under 24 hours will incur a cancelation fee. No shows will incur the same cancelation fee; after 3 no shows you will be removed from all classes. Cancellation/No Show Fees will be charged to the card on file unless otherwise notified. Cash payment for missed classes must be made in studio within 24 hours of the class missed, or all future reservations will be canceled until payment is received.
- Anyone arriving after class start time, will not be allowed entrance due to safety and will be considered a no show/late cancel, subject to the appropriate fee.
- If the instructor cancels a class, every effort will be made to make up the class.
- There is a full session fee for missed private sessions without a 24-hour notice. 48-hour advance cancellation is preferred and 24 hour is required.
- Drop-ins are welcome and payment is due at registration.
- Pre-registration and pre-payment are required for any workshops. 2-week notice of cancellations is required for a refund on workshops. Space is limited, and there are often waiting lists.
- Memberships and class fees are applicable to on-going classes only and not workshops or special events.
- For private parties and other groups please refer to the policy listed on the website. Or contact the studio at 940-514-1170
I have read, fully understand, and agree with the above payment and refund policies.
September 20, 2020