Liability Waiver, Agreement, Release and Assumption of Risk
In consideration of the services of Caitlin Ann Wallace (hereinafter referred to as “CW”), I hereby agree to release, indemnify, and discharge CW, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
I acknowledge that my participation in aerial arts, circus arts, trapeze, flexibility, acrobatics, aerial fitness, exercise programming, and instruction activities via Zoom or any other video conferencing tool, entails 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 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; fabric 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, muscle soreness and fractures, broken bones; musculoskeletal injuries including head, neck, and back; nerve damage; 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. In any event, if you are injured, any medical assistance will be at your own expense. Furthermore, CW seeks safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might give incomplete warnings or instructions, and 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 CW 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 any equipment or facilities used during the activity, including any such claims which allege negligent acts or omissions of CW.
Should CW 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 to 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 CW, I agree to do so only in the state where I was present during participation of activity, 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 clicking the box “I have read and agree to the terms listed in the liability waiver” during registration for a class, lesson, workshop or other instruction via Zoom or any other video conferencing tool, 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 CW on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent participation in visits, classes, instruction, both virtual and in-person, with CW. 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.