UNCONDITIONAL AND FULL GENERAL RELEASE, WAIVER & INDEMNIFICATION AGREEMENT
By signing below I acknowledge that I have elected to participate in certain aerial, athletic, aerial arts, circus arts, theatrical arts, or extreme activities, training, or performances (hereinafter referred to as the “Activities”), offered by Aerial Concepts, Inc. (hereinafter referred to as the “Company”) which may include, lyra, silks, trapeze, harness work, straps, zip lines, rappelling, swings, lifts, lowers, bungees, mechanical flight systems, aerial performance systems, air bag jumps, tumbling, juggling, balancing, conditioning, stretching, or similar activities. In consideration of the Company providing the services, training and equipment to enable me to participate in such Activities, I hereby acknowledge and agree as follows:
1.
I understand and acknowledge that the Activities offered by the Company involve known and unknown risks, dangers and hazards and that participation in such Activities may result in injury, illness, death and/or property damage. These risks may include, but are not limited to heat exhaustion, heat stroke, contracting an illness, virus, or infection, dehydration, discomfort, broken bones, cuts, scrapes, bruises, sprains, blisters, fractures, jammed fingers and/or toes, eye injuries, blindness, pulled muscles, strained muscles, cramps, contusions, concussions, permanent disability, paralysis, death, and other ailments associated with participating in the Activities, or as result of participant’s own negligence. These risks and dangers may be caused by the Company’s negligence, the negligence of the participant or other participants, the negligence of others, equipment failure, accidents, forces of nature including weather conditions, or other causes.
2.
I am aware that there are a number of different conditions that make me much more prone to injury or accidents while participating in these Activities. These include but are not limited to lack of sufficient physical strength or physical capabilities, pregnancy, the presence or influence of alcohol or other drugs, back or neck condition or injury, or any other spinal, muscular or orthopedic condition or injury, anxiety, emotional or seizure disorders, existing injuries, heart or blood pressure or any other cardiovascular conditions and any other current or recurring medical condition that may interfere with or impact their safety or that of others. I understand that the presence of any of the aforementioned places myself and others at greater risk, and I fully accept all responsibility for placing that added risk on myself and others, should I choose to participate while knowingly having one or more of the conditions. Initial
3.
I acknowledge that I have been advised of and have actual knowledge of the risks and dangers involved in such activities, and despite the risks and dangers involved, I am voluntarily participating in certain Activities offered by the Company. By my election to participate in the Activities, I hereby expressly assume all known and unknown risks and dangers and accept full responsibility for any injury, illness, death and/or property damage arising out of my participation in the Activities, regardless of the cause. Initial
4.
I understand that I am not entitled to participate in the Activities, and I may not be able to participate if a representative from the Company determines, in his or her sole discretion, not to permit me to participate.
5.
Further, I agree that the Company shall not be responsible for any injury, death, illness, loss and/or property damage that may arise out of or relate in any way to my participation in such Activities even if the injury, death, illness, or damage is caused by the Company’s passive or active negligence.
6.
I acknowledge and understand that these Activities are not rides, and are not passive activities, but that they are activities that require my active participation. I am responsible for my own safety and for knowing my own strength, capabilities and limits, and I am responsible for saying no and actively choosing to not participate in any training or activity that I feel is unsafe, or exceeds my capabilities, or the capabilities of those involved.
Initial
7.
In consideration of the Company providing the services and equipment to enable me to participate in the Activities, I hereby release and forever discharge the Company and its owners, officers, employees, agents, contractors, volunteers, successors and assigns, and also the owner of the facility, any sponsors, promoters, producers, other participants, or any entity associated with the offering of the aerial activities, from any and all actions, causes of action, claims, or liabilities for injury, death, illness, or property damage which I may suffer as a result of my participation in the Activities offered by the Company, whether caused in whole or in part by the intentional or negligent act or omission of the Company, or its owners, officers, employees, contractors or agents. Further, I covenant and agree not to sue any of the parties which I have released in this paragraph.
8.
In consideration of the Company providing the services and equipment to enable me to participate in the Activities, I hereby grant them full and unrestricted right to use my likeness, name and any recordings (audio or video) in their advertising and promotion in print, broadcast or online.
9.
Severability; Entire Agreement: If any provision of this Full General Release, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable in any jurisdiction, (i) the remainder of this Full General Release shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law, and (ii) the court making such determination shall have the power to reduce the scope or applicability of such provision (including by deleting or replacing specific words and phrases) in a manner that makes such provision valid and enforceable and comes closest to expressing the intention of the invalid and unenforceable provision. This Full General Release contains the entire agreement between the Releasees, Guardian and Minor with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreement.
10. In signing this document, I fully recognize and understand that if injury, death, illness or property damage occurs to me during my participation in the Activities offered by the Company, or as a result of my participation in the Activities offered by the Company, I will have no right to make a claim or file a lawsuit against the Company, its owners, officers, employees, contractors or agents, or against the owners of the facility, any sponsors, promoters, producers or any entity associated with the offering of such Activities even if they or any of them negligently cause my injury, illness, death, or property damage.
11.
This Release shall be binding upon me and my personal representatives, heirs, beneficiaries, successors and assigns, and shall inure to the benefit of the Company and its successors and assigns.
BY SIGNING THIS DOCUMENT, I AGREE THAT IT IS MY INTENTION TO RELEASE AND DISCHARGE THE COMPANY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, INSTRUCTORS, ACTIVITY PARTICIPANTS AND AGENTS, AND THE OWNER OF THE FACILITY, ALL STAFF, ADMINISTRATORS, BOARD MEMBERS, AND ANY OTHER ENTITY ASSOCIATED WITH THE OFFERING OF AERIAL, CIRCUS, OR OTHER ACTIVITIES, FROM LIABILITY FOR INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE THAT I MAY SUFFER WHILE PARTICIPATING IN THE AERIAL ACTIVITIES OFFERED BY THE COMPANY WHETHER CAUSED BY, ARISING OUT OF OR BASED ON THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY RELEASEE OTHERWISE. I HAVE CAREFULLY READ THIS RELEASE AND I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM WAIVING SUBSTANTIAL RIGHTS, AND I DO SO VOLUNTARILY.
Participant Name {name}
Participant Date of Birth. {dob}
Signature {sign_date}
Name of Person Signing.
Aerial Concepts
