ANNUAL PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Aerobatics Performing Arts, LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "APAL"), I hereby agree to release, indemnify, and discharge APAL, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in aerial arts, acrobatic skills, drama skills, trampoline skills, circus gymnastics skills, dances skills, contortion training and instruction activities entails 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; 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; musculoskeletal injuries including head, neck, and back; injuries to internal organs; transmissible pathogens or disease; 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 will raise the possibility of any manner of transportation accidents. In any event, if you or your child is injured, any medical assistance will be at your own expense.

Furthermore, APAL personnel 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.

2. 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.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless APAL 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 APAL 's equipment or facilities, including any such claims which allege negligent acts or omissions of APAL.

4. Should APAL 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.

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 APAL, I agree to do so solely in the state of Utah, 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 signing this document, 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 APAL on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at APAL. 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


In consideration of my child ("Minor") being permitted by APAL to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless APAL 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.

In the unlikely event of a medical emergency, I authorize Aerobatics Performing Arts, LLC staff to use their best discretion in obtaining medical treatment for my student. I indemnify and hold harmless Aerobatics Performing Arts, LLC, its agents, and its employees, from any liability from any injury suffered by my child resulting from, or connected with, taking classes, using equipment, participating in events, or performing with the company. I agree to assume all risk for any injuries received.

As consideration for my student's admission to Aerobatics Performing Arts, LLC, I hereby give my consent for my student to be photographed and videotaped by Aerobatics Performing Arts, LLC, and its respective affiliates, owners and administrators. I grant permission to Aerobatics Performing Arts, LLC to the rights of my student's image, likeness, and sound of voice as recorded on video or audio, without payment or any other consideration. I understand that the images and recordings may be edited, copied, printed, exhibited, published or distributed and waive the right to inspect or approve the finished product. I waive any right to royalties or other compensation arising or related to the use of my student's image or recording. I understand that this material may be used in diverse educational settings within an unrestricted geographic area. I acknowledge that all photos, videos and audio recordings taken by Aerobatics Performing Arts, LLC are copyright and property of Aerobatics Performing Arts, LLC. I also acknowledge that any photos, videos and audio recordings taken inside Aerobatics Performing Arts, LLC's training facility are copyright and property of Aerobatics Performing Arts, LLC.

I HEREBY AGREE TO THE AEROBATICS PERFORMING ARTS, LLC POLICIES AND PROCEDURES, which can be found in our Aerobatics Performing Arts Parent Handbook, as they may be updated or amended from time to time. I AGREE to maintain a valid credit card on file with Aerobatics and I AUTHORIZE Aerobatics Performing Arts, LLC to charge tuition and any applicable fees to the card on file as a condition of my child's continued participation in Aerobatics Performing Arts classes and activities.

TUITION is due upon registration. Tuition for classes will be billed on the 25th of each preceding month and will be AUTOMATICALLY billed from the payment information I provide during registration. If tuition is not received by the 1st of the month by 8:00 pm, a $25.00 late fee will be added to my tuition bill. I understand that tuition remains the same fee every month regardless of whether a month contains three, four, or five weeks. There are no discounts or refunds for missed classes.

WITHDRAWING FROM AEROBATICS: I AGREE to provide written notice via the Aerobatics Drop Notice Form to Aerobatics Performing Arts, LLC by the 20th day of the month prior to month I wish to discontinue classes. If I do not provide notice by the 20th of the month, I agree to pay tuition for the following month of classes.

LATE FEES: I understand that tuition is due on the 25th of each month and will be AUTOMATICALLY withdrawn from my credit card or bank account on file. After the 1st, tuition is considered late and a late fee of $25.00 will be added to the tuition bill.

FEES: Yearly registration fees, competition fees, costume fees, performance fees, apparel fees, etc. will be charged to my billing information on file.

AUTOPAY: By registering online, I AGREE to have my credit card/bank account on file automatically processed on the 25th day of each month for the account balance.

MAKE-UP CLASSES: Aerobatics Performing Arts DOES NOT offer make-up classes.

HOLIDAYS/GYM CLOSURES: These include, but are not limited to, New Year's Day, President's Day, Martin Luther King Jr. Day, Spring Break, Summer Break, Back to School Break, Independence Day, Pioneer Day, Labor Day, Halloween, Fall Break, Thanksgiving, and Christmas Break. Tuition is not pro-rated for holidays and breaks.

DRESS CODE/ATTIRE: Clean feet and hands. Hair tied back. Girls: leotard (or snug athletic shirt that can be tucked in) with athletic leggings. Boys: Athletic pants and athletic shirt. Appropriate shoes for parkour, trampoline and teeterboard. Always bring long sleeve layers. No jewelry. No bare midriffs, low cut tops or short shorts.

EQUIPMENT: Silks students are required to bring their own silks and rescue 8 to class. Aerial Hoop students may choose to bring their own apparatus as long as the equipment passes our safety inspection.

FOOD: Food, gum, and beverages are NOT permitted in the gym. Food and beverages may be consumed in the reception area where the shoe cubbies reside. Only water may enter the gym area.

USE OF GYM: Only registered students with a current waiver on file may participate in gym activities. Students should wait in the foyer until their class officially begins. Students may NOT get on any apparatus unless they have been given permission by their instructor. Students should ONLY be on the apparatus they are being instructed on in class (and only when they have been told to be on that apparatus by the instructor.)

SAFE/POSITIVE ENVIRONMENT: We strive to keep Aerobatics a safe and positive environment in which to train. Students, parents, and observers are expected to show respect to all Aerobatics coaches, staff and students. Disobedience to instructions, rules, progressions, curriculum, safety standards, etc, and negativity of any kind, will NOT be tolerated.

SCHEDULE/CLASS CHANGES: Class offerings and schedules may be adjusted, added or taken away at any time.

CURRICULUM COPYRIGHT: I acknowledge that all curriculum tricks, choreography, instruction, etc taught at Aerobatics Performing Arts, LLC's staff, and within Aerobatics Performing Arts, LLC's training facility or any outside venue, are copyright and property of Aerobatics Performing Arts, LLC. Any individual known to be teaching or distributing Aerobatics curriculum, tricks, choreography, etc. will be dismissed from enrollment at Aerobatics Performing Arts and legal action will be taken.