Waiver for participation in the 2023 AYCO National Youth Circus Festival

2023 American Youth Circus Festival

AYCO RELEASE/INDEMNIFICATION FORM

No one may participate in the showcase without signing this form. Forms for participants 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 2023 American Youth Circus Festival. I realize and am fully aware that training, rehearsal, and performance in a circus arts program (herein after, "Program") can expose participant to physical risks and hereby agree that 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 Board of Directors, and their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (referred to collectively hereafter as THE PRODUCERS), and any other person officially connected with said Program or their respective heirs, legal representatives or assigns of and from any and all claims, demands, liability, right or causes of action of whatsoever kind of nature including, but not limited to, claims for negligence arising from or in any way connected with, or related to, any injuries, losses, damages, disability, suffering, property damage or loss, or results thereof, which I may sustain as a result of my involvement in the Program. I further agree that in the event any suit is brought by or on my behalf to recover damages for any claim covered by this release, I will indemnify THE PRODUCERS, respective heirs, legal representatives or assigns for all losses and costs associated with any such lawsuit including, but not limited to, any damages awarded and reasonable attorneys fees and costs incurred.

As a participant in the 2023 American Youth Circus Festival, I understand that the above paragraphs constitute covenant and a promise on my part to fully discharge the above parties from any and all liability for the injuries or the loss resulting from my involvement in the Program of 2023 American Youth Circus Festival. I understand that this is a binding contract and that my signature is required in order to participate in the 2023 American Youth Circus Festival

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 2023 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 2023 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 Producers may 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 2023 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 2023 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. 

Participant Agreement, Release, and Assumption of Risk

In consideration of the services of the School of Acrobatics and New Circus Arts, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (here in after collectively referred to as “SANCA”), I hereby agree to release, indemnify, and discharge SANCA, on behalf of myself, my spouse, my children, my parents, my heirs, personal representative and estate as follows:

I acknowledge that my participation in flying trapeze, circus training and instruction and other various activities 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 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; strains, cuts, bruises, muscle soreness, and fractures; musculoskeletal injuries including head, neck and back; injuries to internal organs up to and including paralysis or even death; 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, SANCA 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. Or the equipment being used might malfunction.

I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SANCA for any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, of my use of SANCA’s equipment or facilities, including any such claims which allege negligent acts or omissions of SANCA.

Should SANCA or anyone acting on 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.

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.

In the event that I file a lawsuit against SANCA, I agree to do so solely in the state of Washington, 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.

SANCA COVID-19 Agreement, Release, and Assumption of Risk

In consideration of the services of the School of Acrobatics and New Circus Arts, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (herein after collectively referred to as “SANCA” and/or “releasees”), I hereby agree to release, indemnify, and discharge SANCA, on behalf of myself, my spouse, my children, my parents, my heirs, personal representative and estate as follows:

I represent that I am in good health and have had no known exposure to COVID-19 and no symptoms of COVID-19 for 14 days prior to entering SANCA’s facility. I acknowledge that if I believe I have had any exposure to COVID-19, I will immediately cease attendance at SANCA’s facility until I can again warrant that I have had no known exposure or the 14 day period and alert the facility if I have been on the premises since my exposure

I understand that SANCA 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 guidelines posted on SANCA’s website for activities in its facility.

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 the negligence of the releasees or others and assume 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 lessors 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 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-19pandemic, 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 Washington.