Loading...

Dear Student:

Thank you for selecting Vertical Art Dance (“VAD”) (hereinafter, VAD is referred to as “Company”) to provide educational instruction and or consultation (in person or remotely via email, text, phone call, video or any other means) in connection with the history, knowledge, use and setup of free standing structures, various apparatus’s and rigging & safety equipment (the “Course”). This Release, Waiver, & Assumption Of Risk (the “Agreement”) sets forth the basic terms upon which Company is providing this Course/Consultation.

Company’s goal is to provide you with a basic understanding of how to build free standing truss rigging and structures for the use of ropes, and/or other aerial devices including safety gear (collectively, the “Rigging”), however this Course comes with significant dangers and assumption of risk, as set forth below. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby agree as follows:

1. I have elected to participate in an educational course designed to provide me with basic information & skills involved in the construction, safety testing, maintenance and use of free standing truss structures and rigging designed for ropes and other aerial devices/gear.

2. I understand that my enrollment in this Course, whether paid or not, is purely voluntary, and solely for the purpose of my own education and training in connection, generally, with the construction, safety testing, maintenance, and use of various aspects of aerial Rigging. I further understand that my participation in the Course may include cable traverse and truss rigging, heavy lifting, heavy equipment, other types of mechanical equipment, high voltage, lighting gear, loud sound, climbing, rappelling, and other skills training such as running, jumping, climbing and sliding, which will require upper and lower body strength, speed and balance, among other things, and which 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 my participation described herein.

3. I expressly acknowledge that my voluntary participation in the Course specifically involves hands on physical participation in constructing, maintaining, and testing the Rigging, and I understand and acknowledge that this Course is designed only to provide me with a basic introductory understanding of, and in no way qualifies or certifies me as an expert of, the same. I hereby represent and warrant that: (i) I am mentally and physically fit to participate in these aforementioned Course activities; (ii) I am aware that my participation herein is an inherently dangerous activity and I choose to do so of my own free will; (iii) I am aware that my participation presents certain risks, (including, without limitation, physical injury, severe bodily harm and/or death) and I am aware that equipment problems and human error can contribute to or cause such damages or serious personal injuries; (iv) I am aware that my risk of injury may be increased if I suffer from conditions that may be affected by physical exertion, and I represent and warrant that I do not suffer from any such condition(s) (including, but not limited to neck, back and heart problems and pregnancy); (v) no representations of any kind have been made to me by the Company, or its employees, agents, or personnel regarding my ability to participate hereunder; and (vi) I knowingly and voluntarily assume all risks associated with my participation in the Course. (vii) I knowing understand that knowledge is perishable, and the the skill’s I'm exposed to in the Course may be inaccurate, forgotten, misinterpreted, or become outdated. (viii) It is my responsibility to continue my education, decide for myself whats appropriate on a case by case basis and adhere to overall industry standards.  

4. I understand that this Course is designed to educate me on various methods of constructing the Rigging as a free-standing structure and/or as a structure braced to a pre-existing structure. In the event I choose to construct any Rigging of my own, or under console from the Company or the Course (i.e. upon conclusion of the Course), I expressly acknowledge and understand that certain Rigging setups may require additional bracing or anchoring, which material/ gear may be supplied by VAD or another Company-approved vendor, upon mutual agreement in writing, and which shall only be installed or connected to the pre-existing structure by a licensed general contractor. In certain cases, I understand that the Company, in its sole discretion may, but is not required to, provide or sell to me the actual Rigging constructed during the Course, which may or may not be left on my property in a fully constructed state, but in any event, shall require mutual approval in writing, and any materials or Rigging provided to me shall be available for my own personal use following the Course, at my own risk and discretion.

5. I understand that the Company has a difficult job to perform in educating and guiding me; The Company’s employees seek safety, but they are not infallible; They might be unaware of my or another participant's fitness or other abilities; They might misjudge the weather or other environmental conditions; They may give incomplete warnings or instructions, and the equipment being used might malfunction. Furthermore, I agree that the Company’s provision to me of such education and guidance in no way qualifies or certifies me whatsoever to utilize any of these skills independently, without the assistance of a trained, licensed professional. I agree that I may also misunderstand or forget the material being taught.

6. In consideration of the foregoing, I hereby release the Company, and the Company’s parents, affiliates, partners, subsidiaries, successors, assigns, licensees, officers, directors and employees (the “Released Parties”), in advance, from and against: (i) any and all claims arising out of my participation in the Course, including but not limited all claims arising from or in connection with my involvement in the construction, maintenance and safety testing of the Rigging, any defect or failure in the Rigging, warnings, instructions, or damage on account of personal injury to me or others, including but not limited to, bodily injury, death, lost wages, loss of employment, or infliction of emotional distress, whether or not such damages arise from any of the Released Parties' or any third party's negligence or carelessness and regardless of whether such damages occurs at any time during or after the Course; and (ii) any claims in connection with, or damages resulting from, the Rigging being affixed, whether permanently or temporarily, to any pre-existing structure. It is further understood and agreed that the waivers, releases and assumptions of risk contained herein are binding on my heirs and assigns, are intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid, the balance of this waiver, release and assumption of risk shall continue in full force and effect. I understand the significance and consequence of, and agree that, all rights under Section 1542 of the Civil Code of California or any similar law are hereby expressly voluntarily waived in full by me. Section 1542 states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

7. I agree to defend, indemnify and hold harmless the Released Parties from and against any and all third party claims, liabilities, losses, damages, costs, expenses (including reasonable outside attorneys’ fees), judgments and/or penalties arising out of, resulting from, based upon or incurred, due to a breach any of my aforementioned representations or warranties, or in connection with any use of the Rigging whatsoever.

8. I acknowledge that the Company is relying on my agreement to this Release, Waiver, & Assumption of Risk for the purpose of my engagement as a student in the Course. This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein. I have the full right and legal capacity to sign this Agreement. I have fully read this Agreement prior to signing it and I understand its contents. I hereby acknowledge and agree that in the event of any dispute arising out of this Agreement or my Course participation now or in the future, I will first submit in writing to the Company the details of any such dispute and attempt to better understand the issue(s). I will assume I am the student in this relationship and aim to only seek clarity or continued education from my relationship with The Company. The Company shall then have the absolute right and option, by giving notice to me within fifteen (60) business days after receipt of my notice, to require that the matter be resolved by binding arbitration in Los  Angeles, Ca before a single arbitrator acting under the rules of, and appointed by, the American Arbitration Association. If the Administrators do not elect to enter into arbitration, I may commence a legal action if I choose, but solely in the state or federal courts located in Los Angeles, Ca. In the event any such arbitration or legal action is commenced, I hereby acknowledge and agree that the laws of the State of California shall govern.

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Photo Release
Students of Vertical Art Dance may have the opportunity to be photographed or video taped at various dance events. With permission these photos or videos may be included for Vertical Art Dance publications or advertisements, including on our websites. No financial compensation shall be given for use of any photographs or video. I acknowledge that Vertical Art Dance may choose not to use my photo or video at this time, but may do so at its own discretion at a later date. Vertical Art Dance reserves the right to discontinue use of photos or video without notice. I have read this release and I understand its contents. I consent to and authorize the use by Vertical Art Dance, or anyone authorized by Vertical Art Dance, of any and all photographs or video which have been taken of me/my child/children.*
Yes
No
Additional Clauses
Participants agree to hold harmless Vertical Art Dance and its affiliates for any holes or cosmetic damage to the property (including the flooring/walls, etc.) as a result of a-fixing the truss structure to the property. Participants agree to hold harmless Vertical Art Dance and its affiliates for any damage to the flooring/walls as a result building the truss structure on the property. *
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!