SOAR CREATIVE ANNUAL PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Soar Creative LLC, 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 "Soar Creative"), I hereby agree to release, indemnify, and discharge Soar Creative, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in physical activities, including aerial arts, dance, acrobatics, and gymnastics 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 activities. These risks include, among other things:
- Slips and falls
- Falling from equipment or other persons
- Rope/apparatus burns
- Pinches, scrapes, twists, trips, and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards
- Strains, cuts, bruises, muscle soreness, tears and fractures
- Musculoskeletal injuries including head, neck, and back
- Injuries to internal organs
- Emotional or psychological injuries
Such risks may be the result of the inherent nature of the activity, equipment and/or structural failure, the negligence of other participants or other persons who may be present, and/or my own physical condition. Traveling to and from shows, classes, rehearsals, meets and exhibitions raises the possibility of accidents from any manner of transportation. While Soar Creative takes all reasonable measures to prevent injuries from occurring, this does not completely alleviate their possibility. In any event, if you or your dependent is injured, any damages incurred or medical assistance required will be at your own expense.
2. 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.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Soar Creative 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 Soar Creative's
equipment or facilities, including any such claims which allege negligent acts or omissions of Soar Creative.
4. Should Soar Creative, 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.
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 risk of any medical or physical
condition I may have.
6. In the event that I file a lawsuit against Soar Creative, 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.
7. 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 Soar Creative on the basis of any claim from
which I have released them herein.
This waiver covers all Soar Creative events for one year (twelve months) from signature date of March 29, 2020.
My signature below indicates 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.