Participant Agreement, Release and Assumption of Risk
In consideration of the services of Sunshine Circus 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 “SCA”), I hereby agree to release, indemnify and discharge SCA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
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I acknowledge that my participation in circus training and 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.
Circus activities entails certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, circus students would not improve their skills and the enjoyment of the activities would be diminished. Circus training exposes its participants to the usual risk of cuts and bruises. Other more serious risks exist as well. Participants can fall off equipment, sustain sprains and strains, and can suffer more serious injuries. Traveling to and from shows, meets or exhibitions raises the possibility of any manner of transportation accidents. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense.
Furthermore SCA 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.
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I expressly agree and promise to accept and assume all risk existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
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I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SCA from any and all claims, demands, causes of action, which are in any way connected with my participation in this activity or my use of SCA’s equipment or facilities, including any such claims which allege negligent acts or omissions of SCA.
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Should SCA 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.
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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.
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In the event I file a lawsuit against SCA, I agree to do so solely in the state of Florida, and I further agree that the substantive law of Florida shall apply in that action without regard to the conflict of law rules in 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 these activities, I may be found by a court of law to have waived my right to maintain a lawsuit against SCA 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.
In consideration of the Minor listed in this form being permitted by SCA to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SCA 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
Thank you and see you soon!