PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of New Moon Movement 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 "New Moon"), and for the use of the Premises of New Moon Movement Arts (“Premises”) I hereby agree to the terms of the following release (“Release”) on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate.
1. I acknowledge that my participation in aerial arts, athletics, gymnastics training and instruction and other various disciplines (“Activities”) may entail both 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 are inherent to the Activity.
2. The risks include but are not limited to: 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; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity.
3. I am aware of the contagious nature of bacterial and viral diseases, including the 2019 novel coronavirus and potentially other infectious future disease(s) (collectively the “Disease”) and the risk that I may be exposed to or contract the Disease by being at or in New Moon and engaging in the Activity. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, and/or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including New Moon employees. I understand that while New Moon has implemented preventative measures designed to reduce the spread of the Disease, New Moon cannot guarantee that I will not become infected with the Disease while on the premises of New Moon and that being on the Premises of New Moon may increase my risk of contracting the Disease.
NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE OR MY PARTICIPATION IN THE ACTIVITY, I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING THE PREMISES TO ENGAGE IN THE ACTIVITY WITH KNOWLEDGE OF THE RISKS AND DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE RELATED TO THE DISEASE, ARISING FROM MY BEING ON THE PREMISES, OR ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF NEW MOON OR OTHERWISE.
4. I hereby expressly waive and release any and all claims, now known or hereafter known, against New Moon, and its owners, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to my being on the Premises of New Moon, engaging in the Activity, or being exposed to or contracting the Disease, whether arising out of the ordinary negligence of New Moon or any Releasees or otherwise. I covenant not to make or bring any such claim against New Moon or any other Releasee, and forever release and discharge New Moon and all other Releasees from liability under such claims. This waiver and Release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Washington State law does not permit to be released by agreement.
5. I shall defend, indemnify, and hold harmless New Moon and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against New Moon or any other Releasees arising out or resulting from any claim of a third party related to the Disease, due to my engaging in the Activity, or being on the Premises, including any claim related to my own negligence or the ordinary negligence of New Moon.
6. 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.
7. This Release constitutes the sole and entire agreement between myself and New Moon with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of New Moon and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Washington State and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
I represent that I have fully and accurately completed the medical information section of this form and assert that I have no physical condition that would prevent or endanger me during my participation. In the event of an injury, I authorize New Moon and its employees, agents, or those they deem fit, to administer first aid, transport me to a hospital, initiate medical treatment, and hold me until my emergency contact can be notified.