Participant Agreement, Release and Assumption of Risk - Supplement
In consideration of being provided the services of the Circus Arts Institute, LLC, DBA Carrie Heller's Circus Arts, their agents, owners, officers, volunteers, participants, employees, independent contractors, volunteers, interns, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "CAI" and/or “Releasees”), I hereby release, indemnify, and discharge CAI from any and all claims including a claim arising from contracting COVID-19 corona virus.
I acknowledge that participation in circus arts training and instruction, including aerial arts, trapeze, gymnastics and other various disciplines, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to self, 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; 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 your child is injured, your child may require medical assistance, at your own expense.
CAI 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.
- 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 CAI from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity, including any such claims which allege negligent acts or omissions of CAI.
- Should CAI 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 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 CAI, I agree to do so solely in the state of Georgia, 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.
- To the extent that my participation in a CAI program is limited to virtual classes, virtual therapy, virtual training or the training by my following directions contained in an instructional video, I agree that the releases contained herein shall be applicable.
- I am aware that training during and after the COVID-19 pandemic involves certain inherent risks, dangers, and hazards, which can result in serious infection, personal injury or death. I further acknowledge, understand, appreciate and agree that my participation may result in possible exposure to and illness from COVID-19. While protocols and personal discipline may reduce this risk, the risk of serious injury, illness and even death is not possible to fully mitigate.
- I hereby freely agree to assume and accept all known and unknown risks of exposure to COVID-19, even arising from the negligence of the Releasees or others and assume full responsibility for my participation.
- I agree that if any portion of this Agreement is held to be invalid, that portion shall be severable and the remaining Agreement shall continue to have full force and effect.
- In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, estate, next of kin, executors, administrators, assigns and representatives.
I have read this Agreement and I fully understand its terms. I understand that I am giving up substantial rights, including my right to sue CAI and its staff for injuries resulting from the inherent risks of training during and after the COVID-19 pandemic and the ordinary negligence of the facility and staff. I further acknowledge that I am signing this Agreement freely and voluntarily, without inducement or assurance of any nature, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the laws of the state of Georgia.
By signing this document, I acknowledge that if I am 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 CAI on the basis of any claim from which I have released them herein.
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.
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of {name144[1]} {name144[2]} ("Minor") being permitted by CAI to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless CAI 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.
Today's Date: {date}
Parent / Legal Guardian Name: {parent}