DOWNTOWN DANCE & TUMBLING LLC. STUDIO PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Downtown Dance & Tumbling LLC. Studio their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Downtown Dance & Tumbling LLC.,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, all tumbling, and cheerleading activities, including trapeze, aerial fabric and other disciplines 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 risk include, among other things: exposing its participants to the potential for slips and falls and falling; silk burns; pinches; scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even sever life threatening hazards; strains, sprains, 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 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, Downtown Dance & Tumbling LLC. employees and volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of participant’s fitness, medical conditions, 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 risk existing in this activity. Myself or my child’s participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I also acknowledge and accept the risks and dangers that come with choosing to participate in studio activities.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Downtown Dance & Tumbling LLC. from any and all claims, demands, or causes of action, which are in any way connected with myself or my child’s participation in this activity.
4. Should Downtown Dance & Tumbling LLC. 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 conditions I may have.
6. In the event that I file a lawsuit against Downtown Dance & Tumbling LLC., I agree to do so solely in the state of Kansas, and I further agree that the substantive law of Kansas 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.
7. PHOTO & VIDEO RELEASE: I grant consent for my/minor’s picture to be taken or to be filmed while participating in activities at Downtown Dance & Tumbling LLC. I authorize Downtown Dance & Tumbling LLC. to use and publish images, photographs, pictures, portraits, and audio, video and/or film footage of me/minor in all forms of media and in all manner for publication including, but not limited to, advertising and marketing campaigns, press releases, periodicals, and website use. I hereby waive any right I may have to review, inspect, edit or approve such publication and I release Downtown Dance & Tumbling LLC. from any claims I may have against it for use of such images, photographs, pictures, portraits, and audio, video and/or film footage of me.
By electronically checking this box I affirm that I am of legal age and am freely signing this agreement.
Parent/Guardian Signature: (Participant Signature if over 18)
Participant Name (first and last): Participant
Parent/Guardian Name (first and last):
July 7, 2024