In consideration of the services of A. Aerial Silks LLC including its agents, owners, managers, participants, employees, volunteers and all other persons acting in any capacity on their behalf (hereinafter collectively referred to "Ferree Aerial Silks") I hereby agree to release, indemnify and discharge Ferree Aerial Silks, on behalf of myself, my spouse ,my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that participation in aerial training and instruction , including aerial arts (silks, lyra) aerial yoga, aerial fitness, Yoga Trapeze and other training offered at Ferree Aerial Silks entails inherent risks and could result in physical injury, paralysis, death or damage to myself to property, or to third parties.
The risks involved in these activities include: (1) minor injuries such as scratches, bruises, pinches, cuts, sprains, and rope or silk burns; (2) major injuries such as eye injury or loss of sight, bone fractures, joint, neck or back injuries, injuries to internal organs , heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
I understand that these risks cannot be eliminated regardless of the care taken to avoid injuries. Ferree Aerial Silks employees have difficult jobs to perform. They seek safety, but they are not infallible. They might misjudge a participant's fitness or abilities, they may give incomplete warnings or instructions, or the equipment being used might malfunction.
2. I expressly agree and knowingly accept and assume all of the risks involved in these activities. My participation in the activities offered at Ferree Aerial Silks is purely voluntary , and I elect to participate in spite of the risks. To reduce the risk to myself other participants, I agree to follow all posted rules of the studio and instructions given by Ferree Aerial Silks staff.
3. I certify that I am in good health and understand that I will experiencing strenuous physical exertion while participating in these activities. To my knowledge, I have no physical disabilities or heath problems that would present any risk to me, to other participants, or to instructors and employees of Ferree Aerial Silks as a result of my participation in the activities. I agree to consult a medical professional before participating in classes at Ferree Aerial Silks if I have a history of high blood pressure, heart disease, dizziness, fainting spells, syncope, blackouts, or loss of time, any muscle, joint, back or neck problems that may be aggravated by certain types of exercises, depression, suicidal thoughts, or any other physical conditions that may prohibit or limit my participation in classes at Ferree Aerial Silks. I acknowledge that Ferree Aerial Silks strongly recommends all participants regardless of health history have a physical exam by a medical professional before starting any new physical activity.
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Ferree Aerial Silks 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 Ferree Aerial Silks equipment or facilities, including any such claims which allege negligent acts or omissions of Ferree Aerial Silks.
5. Should Ferree Aerial Silks or anyone acting on their behalf, be required to incur attorneys' fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6. In the event that I file a lawsuit against Ferree Aerial Silks, I agree to do so solely in the commonwealth of Indiana, and I further agree that the substantive law of Indiana 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.
7. Ferree Aerial Silks retains the rights to any photography, videos' or media of participants taken on the premises for use in publicity, social media, or advertising. I hereby give permission for myself / my child to be photographed or videoed and for those photographs or videos to be used by Ferree Aerial Silks for promotional purposes.
Parents or Guardian's Additional Indemnification
(Applicable for participants under the age of 18)
If the participant is under the age of 18, then the signature below signifies that the guardian has read and understood this entire document and I hereby agree to its terms on behalf of the minor, and I further agree to indemnify and hold harmless Ferree Aerial Silks from any and all claims which are brought by, or on behalf of minor which are in any way connected with such use or participation by minor.
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By signing this document , I acknowledge that if I or anyone else is hurt or property is damaged during my participation in the s activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Ferree Aerial Silks on the basis of any claim in from which I have releases 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 it's terms.