PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Swift Movements Studio LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "SMS"), I hereby agree to release, indemnify, and discharge SMS, 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 aerial arts, aerial yoga, ninja warrior gym, obstacle course, and parkour training and instruction activities 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, trips, and falls; falling from equipment; collision with other participants, spectators, or objects; rope burns, pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, concussions, or even more severe life threatening hazards; muscular soreness, tears, cuts, strains, dislocations, fractures and broken bones; foot, ankle, leg, wrist, arm and shoulder injuries; musculoskeletal injuries including head, neck, and back injuries; eye injury or loss; being struck by other objects dislodged or thrown from above; the use and potential or actual failure of equipment; loose and/or damaged artificial holds; abrasions from the walls, ropes, pads, or the floor; climbing out of control or beyond one’s personal limits; injuries to internal organs; the negligence of other visitors, participants, or other persons who may be present; transmissible pathogen or disease; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. In any event, if you or your child is injured, any medical assistance will be at your own expense.
Furthermore, SMS personnel have a difficult job to perform. They seek safety but are not infallible. They might be unaware of a participant's fitness or abilities. They may give incomplete warnings 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 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 SMS 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 SMS's equipment or facilities, including any such claims which allege negligent acts or omissions of SMS.
4. Should SMS or anyone acting on her 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 SMS, I agree to do so solely in the state of Ohio, 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 SMS on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at SMS. 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.
Media Release: I grant exclusive permission to Swift Movement and associated entities to use my name, likeness, and photograph for the purpose of publicity, public relations, editorial, or other advertising purposes without restriction as to frequency or duration.