ANNUAL PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Aerobatics Performing Arts, LLC, their agents, owners, officers, volunteers, participants, 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 manipulation skills, equilibristic skills, acrobatic skills, drama skills, and aerial arts 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, 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 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 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.
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 have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by
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.
TUITION is due on the 1st of each month and will be automatically billed from the payment information provided during registration/on file. If tuition is not paid by the 5th of the month by 8:00 pm, a $25.00 late fee will be added to the late tuition. Tuition remains the same fee every month regardless of whether a month contains two, three, four, or five weeks. There are no discounts or refunds for missed classes. If you wish to withdraw your child from classes, you must give a minimum of two weeks written notice before the next month begins, or you will continue to be charged on the 1st of the month.
LATE FEES: Tuition is due on the 1st of each month and will be automatically withdrawn from your credit card or bank account on file. After the 5th, a late fee of $25.00 will be added to your late tuition.
FEES: Yearly registration fees, competition fees, costume fees, performance fees, apparel fees, etc. are authorized to be charged to my credit card on file if not paid by specified deadlines.
AUTOPAY: By registering online, your account information is by default saved to Aerobatics Performing Arts' records to be processed on the 1st 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 that are not see-through. 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.
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.
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.