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Participation Agreement, Assumption of Risk and Photo Release
In consideration of the services of Circus School of Arizona, LLC and its agents, owners, members, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on Circus School of Arizona, LLC’s behalf (hereinafter collectively referred to as “CSA”), I hereby agree to release, indemnify and discharge CSA on behalf of myself, my spouse/significant other, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in Rope (Corde Lisse/Spanish Web), Tissu (Silks/Fabric/Ribbon/Chiffon), and Static Trapeze and all other activities that are taught by CSA (hereinafter referred to as “circus activities”), subject the participant to danger, and that this risk cannot be eliminated without jeopardizing the essential qualities of the circus activities.
Without a certain degree of risk, circus activities students would not improve their skills and the enjoyment of the sport would be diminished. Circus activities expose its participants to the usual risk of cuts and bruises. However, more serious risks exist as well. Participants can fall off equipment, sprain or break limbs, and can suffer more serious injuries, and even death. In any event, if you are injured, you may require medical assistance, which you will have to pay for at your your own expense.
Furthermore, CSA has a difficult job to perform and cannot prevent all accidents. CSA endeavors to minimize the risk, but accidents will happen. By signing this agreement, I am waiving any claims against CSA for negligence and expressly assume the risk of injury because of negligence or failure of equipment.
2. I expressly agree and promise to accept and assume all of the risks existing in circus activities.
My participation in circus activities 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 CSA from any and all claims, demands or causes of action, which are in any way connected with my participation in circus activities or my use of CSA’s equipment or facilities, including any such claims which allege negligent acts or omissions of CSA or failure of its equipment.
4. Should CSA or anyone acting on its 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 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.
6. In the event that I file a lawsuit against CSA, I agree to do so solely in the state of Arizona, 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 portions shall remain in full force and effect.
By signing this agreement, I acknowledge that if anyone is hurt or property is damaged during my participation in circus activities, I have waived my right to maintain a lawsuit against CSA. I acknowledge that I have had sufficient time to read this entire agreement and I understand it all.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
Must be completed for participants under the age of 18
In consideration of:
being permitted by CSA to participate in CSA’s circus activities and to use CSA’s equipment and facilities, I further agree to indemnify and hold harmlessCSA from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
I give Permission to Circus School of Arizona to take photographs of my minor child to be used by CSA (Circus School of Arizona).
Under NO circumstances will Circus School of Arizona publish or print your child’s name and geological location in any promotional, marketing, advertising, print material or on their website UNLESS YOU (the parent or legal guardian), give CSA permission to do so.