Radical Movement Factory Participant Agreement, Release and Assumption of Risk
In consideration of services of Radical Movement Factory, owners, officers, volunteers, participants, employees and all other persons and entities action in any capacity on their behalf (hereinafter collectively referred to as “RMF”) ,I hereby agree to release, indemnify and discharge RMF, on behalf of myself, my spouse, my children, my parents, my heirs assigns, personal representatives and estate as follows:
1. I acknowledge that my participation in manipulation skills , equilibristic skills, acrobatic skills, drama skills, and aerial arts training and instruction activities entails knows 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 suck risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things; slips and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; straings, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Traveling to and from shoes, meets and exhibitions will raise the possibility of any manner of transportation accidents. In any event, if you or your child is injured, any medical assistance will be at your own expense
Furthermore. RMF employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
1. I expressly agree and promise to accept and assume all risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless RMF 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 RMF’s equipment or facilities, including any such claims which allege negligent acts or omission of RMF.
3. Should RMF or anyone action in their 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.
4. 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.
5. In the event that I file a lawsuit against RMF, I agree to do so solely in the state of California, 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 agreeing to 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 RMF on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understand it and agree to be bound by its terms.
Parent or Guardian's Additional Indemnification
(If participant is under the age of 18)
In consideration of “Minor” being permitted by RMF to participate in its activities and to use equipment and facilities, I further agree to indemnify and hold harmless RMF from any and all claims which are brought by, or on behalf of “Minor” and which are in any way connected with such use or participation by “Minor”
Safety First Partnership Agreement and Assumption of Risk
The Safety First Partnership Agreement is between Radical Movement Factory and (student) and/or their parent(s)/legal guardian(s) and their family.
Each time you are coming into Radical Movement Factory, you agree to the following:
To the best of my knowledge, I/my child: (Please initial)
Have not shown symptoms of COVID-19 in the past 14 days.
According to the Center for the Disease Control, below are symptoms: ● Cough ● Shortness of breath or difficulty breathing ● Fever ● Chills ● Repeated shaking with chills ● Muscle pain ● Headache ● Sore throat ● New loss of taste or smell
Have not been in contact with anyone who has tested positive for COVID-19 or shown any of the above symptoms in the past 14 days.
Understand that I could contract COVID-19 from an asymptomatic person at our facility or a contaminated surface.
Am fully aware of the facility's safety procedures (posted on our studio wall) to prevent the spread of COVID-19 and will follow these procedures.
Agree to inform the studio/school immediately if I have developed symptoms within a two week period of being in the studio, or if I have learned that I have been in direct contact with someone who has later tested positive for the coronavirus within the same two week period or traveled in the past 14 days to any current hot spots.
Agree to inform the studio/school immediately if I learn that any of the above information changes or I obtain new information.
In consideration of the services provided by the Radical Movement Factory, their agents, owners, officers, volunteers, participants, employees, independent contractors, volunteers, interns, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Releasees").
I represent that I am in good health and have had no known exposure to COVID-19 and no symptoms of COVID-19, including fever, cough, loss of smell or taste for 14 days prior to attending the facility. I acknowledge that if I believe I have had any exposure to COVID-19, I will immediately cease attendance at the facility until I can again warrant that I have had no known exposure for the 14 day period and alert the facility if I have been on the premises since my exposure.
The facility is making its best efforts to reduce the risk of transmission of COVID-19. But the safety of the community is in the hands of every one of us. I expressly agree and promise to abide by the safety precautions as follows:
I am aware that training during and after the COVID-19 pandemic involves certain inherent risks, dangers and hazards, which can result in serious infection, personal injury or death. I further acknowledge, understand, appreciate, and agree that my participation may result in possible exposure to and illness from COVID-19. While protocols and personal discipline may reduce this risk, the risk of serious injury, illness, and even death is not possible to fully mitigate.
I hereby freely agree, to assume and accept all known and unknown risks of exposure to COVID-19, even arising from negligence. As a general principle of law, when a person knows of the risk of an activity, of the releasees or others and assumes full responsibility for my participation.
I hereby waive, release, and discharge all claims that I have or may have in the future, and covenant not to sue your business, its administrators, directors, agents, officers, volunteers, employees, contractors, other participants, any sponsors, advertisers, owners, and lessora of the premises on which the activity takes place (each considered one of the "releasees" herein) from all liability, claims, demands, losses, 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.
I further 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, defend, and hold harmless each of the releasees from any loss, liability, damage, or cost, including attorneys' fees, which any of the aforementioned may incur as a result of such a claim.
I accept for use as-is the equipment to be used in activities governed by this agreement.
I have read this Agreement and I fully understand its terms. I understand that I am giving up substantial rights, including my right to sue the facility and its staff for injuries resulting from the inherent risks of training during and after the COVID-19 pandemic, and the ordinary negligence of the facility and staff. I further acknowledge that I am signing this agreement freely and voluntarily, without inducement or assurance of any nature, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the laws of the state of California.
I, hereby covenant and promise that I am the minor's parent and/or legal guardian, and on behalf of myself and the minor, understand the nature of the above referenced activities and the minor's health, experience, and capabilities and believe the minor to be able to participate in such activity safely. I understand the risk of exposure to injury and/or infectious diseases including COVID-19, for myself and my child, as a participant, spectator, classes, and/or presence at the facility. I hereby waive, release, discharge, and covenant not to sue, and agree to defend, indemnify, and hold harmless each of the releasees from all liability, claims, demands, losses or damages on the minor's or my account which were caused or alleged to be cause in whole or in part by the negligence of the releasees or otherwise, including but not limited to injury, negligent rescue operations, and/or exposure to infectious diseases and I further agree that if, despite this release, I, the minor, or anyone else on the minor's behalf makes a claim against any of the above releasees, I will defend, indemnify, and hole harmless each of the releasees from any litigation expenses, attorneys' fees, loss liability, damage, or cost which any releasee may incur as the result of any such claim.
If applicable: In consideration of the participant being permitted by the facility to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless the facility from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
Governing Law, forum, and consent to jurisdiction. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of CA including its statutes of limitations and without regard to its choice of law principles.
This Agreement may not be changed orally, and no modification, amendment or waiver of any provision contained in this Agreement, or any future representation, promise or condition in connection with the subject matter of this Agreement shall be binding upon any party hereto unless made in writing and signed by both parties.
In order to participate in classes or other events at the facility, the undersigned accepts the entire agreement. No written modification or strike-out of the originally typed agreement shall be effective unless signed by both parties.
I agree that if any portion of this Agreement is held to be invalid, that portion shall be severable, and the remaining agreement shall continue to have full force and effect.
In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, estate, next of kin, executors, administrators, assigns and representatives.