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Waiver
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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Live It Up Studio LLC and FG LLC, their agents, officers, volunteers, employees, and all other persons or entities acting in any capacity on behalf (hereinafter collectively referred to as "LIUS"), I hereby agree to release, indemnify, and discharge LIUS, 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 training and instruction, pole fitness and dance skills 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 participants or persons who may be present; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity.
Furthermore, LIUS personnel have a difficult job to perform. They seek safety but are not infallible. They might be unaware of a participant's fitness or abilities. 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 LIUS 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 LIUS's equipment or facilities, including any such claims which allege negligent acts or omissions of LIUS.
4. Should LIUS or anyone acting on her 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 LIUS, I agree to do so solely in the state of South Dakota, 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 LIUS 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 LIUS.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by
Print Name______________________________________________ Phone Number___________________________________
Address____________________________________________________________ City ________________________________
State__________Zip_____________ Email____________________________________________________________________
I've read the above and agree.
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