RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”)
In consideration of participating in the activities with Love/Aerial and any instructors associated with Love/Aerial, I represent that I understand the nature of this activity and that I am qualified, in good health, and in proper physical condition to participate in such activity. I acknowledge that if I believe conditions are unsafe, I will immediately discontinue participation in the activity. I acknowledge that I am voluntarily participating in this activity. I am fully aware that aerial arts (i.e. aerial silks, aerial hammock, trapeze, lyra/aerial hoop, dance, rope, corde lisse, straps, acrobatics, and related activities) contain dangers and inherent risks (including serious injury or death), that no amount of care, caution, instruction, or expertise can eliminate. I understand the scope, nature and extent of the risks involved and voluntarily and freely choose to assume any and all such risks. I fully understand that this activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “releasees” named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the activity.
I hereby release and discharge Love/Aerial or any instructors associated with Love/Aerial, its respective administrators, owners, directors, agents, officers, volunteers, employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the activity takes place, (each considered one of the “RELEASEES” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as a result of such claim. Parents and/or guardians are solely responsible for transporting their minor to and from the facility safely and holds Love/Aerial and any instructors associated with Love/Aerial harmless of any events that may occur leaving or coming in to the facility.
I hereby grant Love/Aerial and any instructors associated with Love/Aerial, permission to interview me and/or to use by likeness in photograph(s)/video in any and all of its publications and in any and all other media, whether now known or hereafter existing, controlled by Love/Aerial, in perpetuity, and for other use by Love/Aerial. I will make no monetary or other claim against Love/Aerial or any instructors associated with Love/Aerial, for the use of the interview and/or photograph(s)/video.
Love/Aerial or any instructors associated with Love/Aerial may terminate this Agreement or any specific services paid for in advance without cause on 7 days’ notice to the other party. Outstanding fees due to advance payment will be refunded to the party on the appropriate prorated rate.
I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. I acknowledge that I have been advised to obtain independent legal advice concerning the ramifications of signing this document.
January 25, 2020