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Waiver for participation at the 2020 Arizona Regional AYCO Festival

2020 Arizona American Youth Circus Festival

AYCO RELEASE/INDEMNIFICATION FORM

No one may participate in the festival without signing this form. Forms forparticipants under age 18 must also be signed by a parent or guardian.

PLEASE READ CAREFULLY BEFORE SIGNING:
I hereby warrant that I am in good health and capable of the physical demands of training and performing in the 2020 Arizona American Youth Circus Festival. I realize and am fully aware that training, rehearsal, and performance in acircus arts program (herein after, "Program")can expose participant to physical risks and hereby agreethat I assume all risk of injury or loss resulting from participation in said Program I do hereby agree to release, hold harmless, and forever discharge TheAmerican Youth Circus Organization (AYCO), AYCO's Board of Directors, Circus Academy of Tusconand their agents, owners, officers, volunteers, participants, employees, and all otherpersons or entities acting in any capacity on their behalf (referred to collectivelyhereafter as THE PRODUCERS), and any other person officially connected withsaid Program or their respective heirs, legal representatives or assigns of and fromany and all claims, demands, liability, right or causes of action of whatsoever kindof nature including, but not limited to, claims for negligence arising from or inany way connected with, or related to, any injuries, losses, damages, disability,suffering, property damage or loss, or results thereof, which I may sustain as aresult of my involvement in the Program.I further agree that in the event any suit is brought by or on my behalf torecover damages for any claim covered by this release, I will indemnify THE PRODUCERS, respective heirs, legal representatives or assigns for all losses andcosts associated with any such lawsuit including, but not limited to, any damagesawarded and reasonable attorneys fees and costs incurred. As a participant in the 2020 Arizona American Youth Circus Festival, I understand that the above paragraphs constitutecovenant and a promise on my part to fully discharge the above parties fromany and all liability for the injuries or the loss resulting from my involvement inthe Program of 2020 Arizona American Youth Circus Festival. I understand that this is a binding contract and that mysignature is required in order to participate in the 2020 Arizona American Youth Circus Festival.

In the event that I file a lawsuit against the Producers, I agree to do so solely in the state of New York, 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.

THIS IS A RELEASE OF LIABILITY. I HAVE READ THIS RELEASE, AND I SIGN IT VOLUNTARILY.

AYCO MEDIA RELEASE FORM

No one may participate in the festival without signing this form. Forms for participants under age 18 must also be signed by a parent or guardian.

PLEASE READ CAREFULLY BEFORE SIGNING:

Media, including without limitation radio, print, Internet, and television outlets (hereinafter, Media), have been invited to the 2020 Arizona American Youth Circus Festival. As non-profit performing arts organizations, it is vital to the continuation of our programs that we promote our activities through such Media. Additionally, we may record, including without limitation video, still photography, and audio, for our own purposes, including without limitation training, rehearsal and performance of the Program and by signing this release, I grant permission for me/my child/my ward (hereinafter, Participant) to be interviewed, audiotaped, videotaped, and/or photographed (hereinafter, Recordings) in conjunction with any and all of Participants activities in association with the Program of the 2020 Arizona American Youth Circus Festival. In the event the Producers have editorial control of the Recordings I hereby release the Producers from any claims, including driot moral, related to the distribution or publication of the Recordings, my name, voice, likeness or biography.I understand that Media may use the Recordings as they deem appropriate and Producersmay not have final say over whether or how the Recordings or Participants names and/or likenesses are edited, printed, broadcast, aired or used in any way.

I understand and agree that I shall have no right, title, or interest, including copyright, in the product of any such Recordings, and that all material created during or arising out of Participants participation in the 2020 Arizona American Youth Circus Festival (hereinafter, Program Material), the copyright therein, and all renewals, extensions or reversions of copyright now or hereafter provided, shall automatically become the property of The Producers, and you shall be deemed the author thereof, it being agreed and acknowledged that all of the results and proceeds of Participants activities hereunder shall be deemed a "work made for hire" within the meaning of the 1976 Copyright Act in exchange for participation in the Program. Participant hereby expressly waives and relinquishes any moral rights or "droit morale" in and to any material created by or contributed to the Media or The Producers including all of Participants performance in the 2020 Arizona American Youth Circus Festival and in the Recordings.I understand and agree that the The Producers and/or their authorized agents shall have the unlimited right to use the Recordings for any purposes. The use of such recordings will be without any compensation to the participant or to the participants parent or guardian.

I hereby release and hold harmless The Producers from any and all actions, claims, damages, costs, or expenses, including attorneys fees, brought by the Participant that relates to or arises out of any use of these Recordings.

I HAVE READ THIS MEDIA RELEASE, AND I SIGN IT VOLUNTARILY.

Circus Academy of Tuscon PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

The Circus Academy of Tucson, LLC Release of Liability & Hold Harmless Agreement

The activity you are about to engage in may cause serious injury or death.  It is a “daredevil” and “risk-taking” type of activity. You are choosing to do this activity for educational and enrichment purposes. By signing this agreement you hold harmless and free of responsibility Circus Academy of Tucson, LLC, Katherine Tesch, Teresa Tesch, Thomas Tesch, Dwight D. and Christine O. Schannep, dba Schannep Ventures, L.L.C. and all of its employees, owners, contractors, volunteers, designers or relations from any damages that may result from either equipment failure, rigging failure or personnel failure that may occur before, during or after the event.

We will do our best job in keeping you safe from harm; however, this again---is a daredevil type of activity that may result in serious injury or death.  You are required to listen and obey all commands of the riggers and teachers-failure to do so may result in termination or abortion of the effect or class (or) injury or death.

1. In consideration for receiving permission to participate in this activity, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, Circus Academy of Tucson, LLC, Katherine Tesch, Teresa Tesch, Thomas Tesch, Dwight D. and Christine O. Schannep, dba Schannep Ventures, L.L.C. and all of its employees, owners, contractors, volunteers, designers or relations (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.

      2. I am fully aware of the unusual risks involved and hazards connected with this activity, including but not limited to travel risks.  I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to me and my property.  I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that my be sustained by me, or any loss or damage of property owned by me, as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.

      3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.

      4. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO USE SUE the above-named RELEASEES-either in criminal or civil court-in the United States or Canada.  I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the United States and Canada.

5. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.

Photo Release

I hereby give the Circus Academy of Tucson, LLC. permission to use pictures or videos containing images of me/my child on their website, social media, and in online and print promotions. I authorize the use and reproduction of these images by the Circus Academy of Tucson, LLC. This includes any and all photographs taken of me/my child participating in Circus Academy of Tucson activities, on or off site, for any purpose whatsoever, without compensation to me. 

Health/Fitness Disclosure

The Circus Academy of Tucson strives to provide the best education that we can to all students, from all backgrounds. Please let us know of any injuries, physical conditions, emotional or behavioral conditions, illness, allergies or special needs that you/your child may have. This will not preclude anyone from participation, but allows us to approach each student individually with the appropriate attention.

Spotting and Corrections

A necessary part of circus is hands on spotting and making physical corrections. Please be aware of this and communicate your personal comfort level with hands on corrections and spotting.

Behavior Notes

The rules of the studio and teacher instructions are for the safety of students and observers and to make the class experience positive for all participants. Students that fail to follow rules will be given one warning, one time out of appropriate length for their age and then be asked to leave class for the day. If this occurs twice, student will be suspended from class until we meet with parents and better solutions are discussed. Multiple behavior infractions or endangering other students can result in expulsion from classes. This will be done without a refund. We have never had to this, we never want to do this and we strive to make class work for all students, but we do reserve the right to if it becomes necessary.

Do Not Try This at Home

As stated above, the circus arts are dangerous and as such we do not encourage  attempting to perform  these skills outside of a professional facility. This is especially applicable to acrobatic skills and anything that involves aerial rigging. We strongly discourage the use of any type of aerial rigging outside of a professional facility under the supervision of trained instructors. The only acceptable place to learn new skills is from a trained professional, teaching yourself or attempting to learn from books, pictures or videos cannot adequately display all potential hazards and is not an acceptable practice. We also cannot take responsibility for attempting skills learned at another facility until we review them ourselves and deem them safe for practice in our space. We do not take responsibility for any injury or accident (including death) that occurs while attempting to learn or perform circus skills.

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.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Date

Date *
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.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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.


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