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Release of Liability
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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Kinetic Tapestry Physical Theatre, Inc., their agents or employees, owners, officers, volunteers, participants, and all other persons or entities acting in any capacity by, through, under or on their behalf (hereinafter collectively referred to as "KTPT"), I hereby agree to release, indemnify, and discharge “KTPT”, 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 instruction and training, individual and group initiatives, problem solving exercises, personal growth and development exercises utilizing static trapeze, trampoline, silks, lyra, Spanish web and vertical rope entails known and unanticipated risks that could result in physical or emotional injury or death. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: the hazards of slips and falls; falling from equipment; equipment failure; collision with fixed objects or people; rope burns; muscular strains and tears, fractured bones, bruises, cuts, organ damage, nerve damage, head, neck and back injuries; scratches, bruises, sprains, lacerations, or even more severe life threatening hazards; psychological damage; dehydration; permanent disability; the possibility of eye damage or loss of hearing; the failure to work out safely or within one’s own ability or within designated area; the negligence of other participants or persons who may be present; being struck by objects dislodged or dropped from above; the risks of falling off the trapeze and other aerial apparatus; my own physical condition, and the physical exertion associated with this activity.
Furthermore, KTPT employees have difficult jobs to perform. They seek safety, but they are not infallible and among other things (1) they might be unaware of a participant's fitness or abilities, (2) they may give incomplete or inaccurate instructions or warnings, and (3) the equipment being used might malfunction. (INITIAL)
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. (INITIAL)
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless KTPT from and against any and all claims, demands, actions, suits, judgments, damages, liability, cost or expense, or causes of action, which are in any way connected with my participation in any activity at KTPT or my use of any KTPT equipment or facilities, including but not limited to those alleging negligent acts or omissions. (INITIAL)
4. 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. (INITIAL)
5. Should KTPT or anyone acting on their behalf, be required to incur reasonable attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. (INITIAL)
6. Notwithstanding anything to the contrary herein, if I file a lawsuit against KTPT, I agree to do so solely in the state of Missouri, and I further agree that the substantive law of Missouri 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. (INITIAL)
By signing this document, I acknowledge that if anyone is hurt, or property is damaged or lost during my participation in this activity, I waive my right to maintain a lawsuit against KTPT on the basis of
I've read the above and agree.
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