In consideration of the services of Florida Aerial Dance & Circus Arts their agents, owner, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as FADCA), I hereby agree to release, indemnify, and discharge FADCA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowldege that my participation in circus arts training and instruction, including aerial arts, flying trapeze: in and/or out of lines, gymnastics, open studio workouts which may or may not have a coach, and other disciplines entails known and unanticipated risks that could result in physical and emotional injury, paralysis, death, or damage to myself, to property, or to third parites. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: exposing its participants to the potential for: slips and falls and falling; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even severe life threatening hazards; strains, sprains, 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 raises the possiblity of any manner of transportation accidents. In any event, if your child is injured, your child may require medical assistance, at your own expense.
Furthermore, FADCA employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a particiapants fitness or abilites. They might misjudge the weather or other environmental conditions. They might give incomplete warmings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in the activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FADCA 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 FADCAs equipment or facilities, including any such claims which allege negligent acts or ommisions of FADCA.
4. Should FADCA or anyone acting on their behalf, be required to incur attorney fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. 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 riFieldssk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against FADCA, I agree to do so solely in the state of Florida, and I further agree that the substantive law of Florida 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 the activity, I may be found by a court of law to have waived my right to maintain a lawsuit against FADCA ont 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.