American Youth Circus Organization 2020 Florida 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 Florida 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 The American Youth Circus Organization (AYCO), AYCO's Board of Directors, Dance and Circus Arts of Tampa Bay and 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 THEPRODUCERS, 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 Florida 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 Florida American Youth Circus Festival. I understand that this is a binding contract and that mysignature is required in order to participate in 2020 Florida 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 Florida, 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 Florida 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 Florida 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 Florida 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 Florida 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.
BBs Dance Factory, Inc. dba Dance & Circus Arts of Tampa Bay
CONSENT and WAIVER: Participation in dance and circus arts involves risk and possible injury. I understand and release BBs, its staff, associates and volunteers, from any claims or medical expenses incurred while participating in classes, rehearsals, workshops, events, or performances.
If medical attention is required for illness or injury, I authorize BBs to disclose the above medical conditions to a physician or other medical professional in the event you or your child should require emergency medical care.
I hereby grant BBs their successors, assignees, licensees, sponsors the exclusive right to photograph and/or videotape me or my child/ward, and further utilize my and my child or wards, name, photo, likeness, voice and appearance in programs, advertising, websites, promotions and for training purposes without reservation or limitation. In granting this license, I understand that BBs is not under any obligation to exercise any of its rights, licenses and privileges herein granted.
In consideration of the services to be provided by BBS DANCE FACTORY, INC.D/B/A DANCE & CIRCUS ARTS OF TAMPA BAY, a Florida Corporation, and its agents, shareholders, directors, officers, volunteers, participants, employees, contractors, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as DCA), as participant (hereinafter referred to as I or My or Participant) and/or its parent or guardian if Participant is under the age of 18, hereby agree to release, indemnify and discharge DCA on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I expressly acknowledge and agree that my participation in dance, acrobatics, tumbling, contortion, Spanish web, rope, tissue, single trapeze, double trapeze triple trapeze, lyra, hammock, sling and all other activities that are taught by DCA (hereinafter referred to as Dance & Circus Activities), subject the Participant to danger, and that this risk cannot be eliminated without jeopardizing the essential qualities of the Dance & Circus Activities. Without a certain degree of risk, Participant agrees that Participant will not improve his or her skills and the enjoyment of the sport would be diminished. Participant expressly acknowledges that Dance & Circus Activities exposes Participant to the usual risk of cuts and bruises. However, more serious risks exist as well. Participant may fall off the equipment, sprain or break limbs, and can suffer more serious injuries, and even death. In any event, if Participant is injured, then Participant may require medical assistance, and Participant will have to bear all expenses in connection with any medical care required for treatment. Participant expressly acknowledges and agrees that DCA shall not pay for any medical expenses for the Participant and that Participant shall pay all such medical expenses on its own without demanding any reimbursement from DCA. Participant agrees that DCA employees, agents and contractors have difficult jobs to perform and cannot prevent all accidents. They try to minimize the risk, but accidents will happen. By signing this Participant Agreement, Release, and Assumption of Risk (hereinafter referred to as Agreement,) I am waiving any claims against DCA for any negligence and expressly assume the risk of injury because of such negligence or failure to maintain or operate equipment.
2. I expressly agree and promise to accept and assume all of the risks existing in Dance & Circus Activities. My participation in Dance & Circus Activities is purely voluntary, and I elect to participate with knowledge of all the risks involved including the risk of death and serious bodily injury.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless DCA from any and all claims, demands or causes of action, which are in any way connected with my participation in Dance & Circus Activities or my use of DCAs equipment or facilities, including any such claims which allege negligent acts or omissions of DCA or failure of its equipment.
4. Should DCA or anyone acting on its behalf be required to incur attorneys 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 in activities described herein, 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. I expressly acknowledge that any disputes between the parties hereto, whether arising under this Agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be referred to a court certified mediator in the County of the principal office of DCA, and any mediation shall be held in the County of the principal office of DCA. I will bear the cost of said mediation. In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in the County of the principal address of DCA. The arbitration shall be held in the County of the principal office of DCA and I will bear the cost of said arbitration. In the event that the parties are unable to agree upon an arbitrator within 15 days of the date on which either party requests arbitration of a matter, the arbitrator shall be provided by the American Arbitration Association. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to Florida Statutes. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorneys fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights. Notwithstanding the foregoing, in the event that I file a lawsuit against DCA for any reason whatsoever, I agree to do so solely in the State of Florida, and I further agree that the substantive law of the State of Florida shall apply in that action without regard to the conflict of law rules. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this Agreement, I acknowledge that if anyone is hurt or property is damaged during my participation in Dance & Circus Activities, I have waived my right to maintain a lawsuit against DCA. I acknowledge that I have had sufficient time to read this Agreement and I understand all of it. A facsimile or electronic copy of this Agreement and all signatures on the Agreement shall be considered original.