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____________________________________________________________________
Signature of Participant___________________________________ Date_____________________________________________
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
consideration of the following minor(s):
(print________________________________________________________________ being permitted by LIUS to participate in its activities and
to use its equipment and facilities, I further agree to indemnify and hold harmless LIUS from any and all claims which are brought by, or
on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).
Parent or Guardian:_______________________________________________________________________
Print Name:______________________________________________________________________________
Date:_______________

Main Aerial Program is based on 3 month-long sessions. Due to the nature of aerial arts and how it is instructed, Live it Up/BHAC will offer a 3-month long semester with 2 month semesters during summer. The first starting September, second - December, third - March along with a summer session. Each student and or parents must commit to the full semester and payments to attend. This is to insure the upmost safety as well as proper progression and technique. This also allows for a class that is at capacity to insure no new beginner students
will take a spot of a student that has dropped after one or two month of the session. Beginner students that attend in the middle of the course take much needed time away from other students while catching up to class. Your student will also progress at a much more consistent speed.
Fitness classes, adult aerial classes and other special programs (such as Youth Zirkiss, Baby Circus etc) are monthly based.
Live it Up Studio implements an automatic withdrawal system for our tuition payments. Tuition and balances will be updated on the 4th of every month. Parents and families will be notified via e-mail about updates and may cover tuition by the 10th of every month via Parent Portal. If payments were not made, the remaining account balance will be auto-drafted on the10th of each month unless agreed or scheduled otherwise. For our 3 month sessions, payment will be due in full at the beginning for each month the session starts (Sept, Dec, March, June). If you notice multiple debits to your account, it is your responsibility to notify Live it Up. If there is an error and automatic withdrawal does not occur for tuition, Live it Up will not implement retro-payments without explicit permission. You are responsible for any outstanding balances on your account. If you do not have a banking or card information on file for automatic payments, you will be required to pay tuition by cash or check quarterly. If you wish to withdraw from classes and cancel automatic payments, please see our Withdrawal Policy.
Registration fees and tuition payments are non-refundable.
The equipment fee is collected one time annually. This is a fee of $25. This is collected for new equipment at the studio as well as upkeep of the current equipment. There will be no prorating or refunds given due to missed classes.

Attendance Policy
Attendance is important for any student's success; please attempt to be present for every class. In the event of absence, students may attend a make-up class. To arrange a make-up class, it is your responsibility to arrange it through your instructor. Out of consideration, please attempt to let Live it Up know if a student will be missing a class. Friends or family members are not permitted in the aerial space during the practice. Viewing windows and waiting aria are provided for those who wish to view the practice.

Withdrawal Policy
Because it means so much to us at Live it Up to maintain small class sizes, notification of withdrawal is extremely important. Please be aware that NO prorating or refunds will be issued due to withdrawing from classes. All automatic bank debiting or credit card charges will stop after the one-month written notice. Please see a staff member with any questions.

Attire Policy
Students are required to wear proper attire: fitted leggings, fitted shirt or full-body leotard. No zippers, buttons, jewelry including rings, earrings or necklaces or other things that could harm the fabric or metal or cause any injuries. Body piercings should be covered with tape. Students may be asked to sit out of class if they do not meet the requirements for class. Attire and merchandise are available for purchasing at the studio.

Weather and Cancellation Policy
If Rapid City Public Schools are cancelled or let out early for weather, classes will not be held. If any other weather circumstance should arise, Live it Up will do its best to notify all students of cancellations. If you are unsure of a cancellation, please call Live it Up. If your instructor should be ill or have any other reason that she should not be able to attend class, phone calls will be given to each student and make-up classes will be arranged by the instructor. Live it Up Studio reserves the right to cancel or reschedule a class due to low attendance or inconsistent attendance, and no refunds will be given.

Force Majeure Policy
In case of an extraordinary event or circumstances beyond the control of Live It Up Studio, such as a war, strike, riot, crime, epidemic or an event described by the legal term act of God, Live it Up Studio reserves the right to cancel or reschedule a class due to risk of health and well-being of students, staff and their families, and no refunds will be given.

Performance Policy
A contract will be signed for performances when all dates and times are established. It is extremely difficult to change choreography if student withdrawals from a performance. No refunds will be given on performance deposits or costume fees if the child withdraws from performances after the contract is signed. If a student has returned a signed performance contract to participate in that year's recital but withdrawals from class prior to recital, the student will still be responsible for any tuition fees to be incurred up through recital. Withdrawals due to special circumstances may be permitted at the discretion of Live it Up management.