In consideration of the services of Circus Up, Inc. their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as Circus Up), I hereby agree to release, indemnify, and discharge Circus Up, Inc. 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 circus arts training and instruction, including trapeze, aerial fabric and other disciplines 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 risk include, among other things: exposing its participants to the potential for slips and falls and falling; rope burns; pinches; scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even severe life threatening hazards; strains, sprains, 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 shows, meets, and exhibitions raises the possibility of any manner of transportation accidents. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense.
Furthermore, Circus Up employees and volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of participants' fitness, medical conditions, 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.
2. I expressly agree and promise to accept and assume all of the risk 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 Circus Up 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 Circus Ups equipment or facilities, including any such claims which allege negligent acts or omissions of Circus Up.
4. Should Circus Up or anyone acting on their 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, 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 conditions I may have.
6. In the event that I file a lawsuit against Circus Up, I agree to do so solely in the commonwealth of Massachusetts, and I further agree that the substantive law of Massachusetts shall apply in that action without regard to the conflict of law rules of that commonwealth. 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 Circus Up 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 understood it, and I agree to be bound by its terms.
CIRCUS UP GUIDELINES. Now it gets good.
Safety is a priority for Circus Up. While Circus Up recognizes there are certain risks taken with all activities, including circus, we ask that you read and agree to the below to help ensure the safety of students, instructors, and equipment. The following guidelines must be followed by all participants engaging with Circus Arts. Please go over these guidelines with your child and have them initial:
1. I understand I should never go on equipment without permission from the instructor and without being supervised by the instructor while on the equipment.
2. I understand that if I am more than 15 minutes late to a class, staff have the right to ask me to sit out and observe for my own safety.
3. I will remove all dangling jewelry or cover it with tape so that it won’t catch on any equipment, clothes, etc. I will pull long hair back when necessary.
4. I will not chew gum or eat food during class. If I need to eat at a time other than a designated snack time, I will check in with the instructor and wash my hands before and after eating.
5. I will never perform a movement or trick on the equipment without the instructor's permission and instruction. I understand that if I am unable to follow the directions of coaches, I may be asked to sit out of class for safety reasons. If this happens, the coach will attempt to make a plan with me and/or my guardian to improve participation.
6. I will update and alert my instructor of any injuries or concerns I may have prior to the start of a class.
7. I will do my best to listen to my body! I will take rests when I am tired. If I am feeling light-headed, in pain or feeling ill, I will rest and not go on the equipment. I will stay in communication with my instructor, so they can try to assist and work with me wherever my mental state and physical body is in general on each particular day. I recognise that whatever my goals are, if I push myself to the point of injury, it will only slow me down. I will try to be kind to myself.
8. I will try to be aware of my surroundings and of other students. At times there may be hard equipment that is not in use that is hanging exactly at head height. Be aware of this! Please give students on the equipment plenty of space and NEVER be on a mat when there is someone on the equipment above that mat.
9. I understand that students may not be allowed on the equipment if any staff suspects a student is not mentally or physically prepared to participate safely. This includes being hungover!
10. I agree to be respectful of other students and to the instructor and will strive to maintain a safe and welcoming environment for all people.