Participation Consent, Release of Liability, and Assumption of Risk
Read Carefully - This Affects Your Legal Rights
In exchange for participation in the activity of aerial arts and related activities organized by Fly One Studios, Inc. (“Provider”) and/or use of the property, facilities, and services of Provider, namely, aerial arts and related gymnastic, dance, or other similar recreational and physical activities (the “Activities”), and as a condition of being allowed to participate in such Activities, I agree for myself and (if applicable) on behalf of the Participant named below, to the following:
1. Agreement To Follow Directions. I agree to observe and obey all instructions, rules, and warnings provided verbally or in writing, and further agree to follow any oral instructions or directions given by Provider, or the employees, representatives, or agents of Provider.
2. ASSUMPTION OF THE RISKS AND RELEASE. I RECOGNIZE THAT THERE ARE CERTAIN INHERENT RISKS ASSOCIATED WITH THE ACTIVITIES AND I ASSUME FULL RESPONSIBILITY FOR PERSONAL INJURY TO MYSELF AND (IF APPLICABLE) THE PARTICIPANT, AND FURTHER RELEASE AND DISCHARGE PROVIDER FOR INJURY, LOSS, OR DAMAGE ARISING OUT OF THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO MY OR PARTICIPANT’S PARTICIPATION, USE OF, OR PRESENCE AT OR ON THE FACILITIES OF PROVIDER, WHETHER CAUSED BY THE FAULT OF MYSELF, PARTICIPANT, PROVIDER, OR OTHER THIRD PARTIES.
3. INDEMNIFICATION. I AGREE TO INDEMNIFY AND DEFEND PROVIDER, ITS OWNERS, PRINCIPALS, EMPLOYEES, OFFICERS, MANAGERS, AGENTS, SUCCESSORS, AND ASSIGNS AGAINST ALL CLAIMS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, COSTS, OR EXPENSES, INCLUDING ATTORNEY FEES AND OTHER LITIGATION COSTS, WHICH MAY IN ANY WAY ARISE FROM THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO MY OR PARTICIPANT’S USE OF OR PRESENCE AT OR ON THE FACILITIES OF PROVIDER, OTHER THAN ANY CLAIMS THAT ARISE SOLELY FROM THE PROVIDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
4. Fees. I agree to pay for all loss, costs, and damage or injury to the facilities of Provider or others that is caused by any negligent, reckless, or willful act or omission by me or the Participant.
5. Consent. I consent to the participation of my child or legal dependent whose named is set forth below as the “Participant” in the Activities, and agree on behalf of the Participant to all of the terms and conditions set forth in this agreement. By signing this agreement, I represent that I have legal authority over and custody of Participant, and have the right and power to do so.
6. Medical Authorization. In the event of an injury to Participant, I give my permission to Provider or to the employees, representatives, or agents of Provider to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will remain in effect until terminated in writing by the undersigned or when the Activities are concluded. Provider shall have the following powers:
a. The power to seek appropriate medical treatment or attention on behalf of Participant as may be required by the circumstances, including, without limitation, that of a licensed medical physician and/or a hospital;
b. The power to authorize medical treatment or medical procedures in an emergency situation; and
c.The power to make appropriate decisions regarding clothing, bodily nourishment, and shelter.
7. Security Cameras. For the safety and security of athletes, staff, and visitors, Provider uses security cameras in certain common areas of its facility, which capture and record both audio and video. Cameras are not installed in private areas such as bathrooms or changing areas. Recordings are securely stored and accessible only to Provider principals for legitimate safety, security, employee training, insurance, or legal purposes, and are automatically deleted on a recurring basis. In no event shall such recordings be used for promotional, advertising, or marketing purposes. Recordings may be disclosed only as required by law, including in response to a valid subpoena, court order, or law enforcement request.
8. Applicable Law/Jurisdiction/Attorneys’ Fees. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law. Any action or proceeding arising from this agreement shall be brought and maintained only in the courts located in Los Angeles County, California, and the parties hereby submit to the jurisdiction of said courts. The prevailing party in any such action or proceeding shall be entitled to recovery of attorneys’ fees and costs reasonably incurred in connection therewith.
9. No Duress. I agree and acknowledge that I have read and understand this agreement, and that I am under no pressure or duress to sign this agreement. I have been given a reasonable opportunity to review this agreement before signing it, and I am free to have my own legal counsel review this agreement if I so desire.
10. Enforceability. The invalidity or unenforceability of any part of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other part of such provision, or any other provision of this agreement, or of any other applications of such provision, as the case may be.
