Philadelphia School of Circus Arts Liability Waiver In consideration of the services of Philadelphia School of Circus Arts, 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 "PSCA"), I hereby agree to release, indemnify, and discharge PSCA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows: 1. I acknowledge that my/my child’s participation in circus arts training and instruction, including aerial arts, trapeze, and other various 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 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; the negligence of other people; the negligence of other participants, or other persons who may be present; 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 I/my child is injured, I/my child may require medical assistance, at my own expense. Furthermore, PSCA 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. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My/my child’s 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 PSCA from any and all claims, demands, or causes of action, which are in any way connected with my/my child’s participation in this activity or my/my child’s use of PSCA’s equipment or facilities, including any such claims which allege negligent acts or omissions of PSCA. 4. Should PSCA 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. 5. I certify that I have adequate insurance to cover any injury or damage I/my child 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/my child may have. I certify that I have disclosed to PSCA all medical conditions of which I am aware which may have any direct or indirect impact on my/my child’s ability to participate safely in the activities in which I/my child may participate at PSCA. 6. In the event that I file a lawsuit against PSCA, I agree to do so solely in the Commonwealth of Pennsylvania, and I further agree that the substantive law of Pennsylvania shall apply in that action without regard to the conflict of law rules of Pennsylvania. 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 checking the signing, 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 PSCA on the basis of any claim from which I have released them herein. This agreement is between PSCA and the participant and/or their parent(s)/legal guardian(s). Each time I/my child comes onto the PSCA Campus, I understand that I am assuming the risk that I/my child may be exposed to COVID-19 despite PSCA’s best efforts to maintain a clean and healthy environment. I have had sufficient opportunity to read this entire Liability Waiver and have no questions about this Liability Waiver. I read and accepted the terms of the online waiver as part of the electronic class purchase/scheduling program and have no questions about that waiver. I have read and understand this Liability Waiver and the online waiver and I agree to be legally bound by the terms of those waivers. Today's Date: December 22, 2024
|