Waiver

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Waiver

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

Email *

In consideration of the services of Swingit Trapeze LLC c/o Nicholas Selvy, their agents, officers, volunteers, employees, and all other
persons or entities acting in any capacity on behalf (hereinafter collectively referred to as "STL"), I hereby agree to release, indemnify, and
discharge STL, 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 acrobatic classes and flying trapeze training and instruction and off site aerial arts performances
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, muscle
soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; transmissible pathogens or
disease; 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, STL 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 STL 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 STL's equipment or facilities,
including any such claims which allege negligent acts or omissions of STL.
4. Should STL 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 STL, I agree to do so solely in the state of California, 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.
7. The undersigned waives the protection afforded by any statue or law in jurisdiction whose purpose, substance, cause and/or effect is to
provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or
suspect to exist at the time of executing this release. This means, in part, that the undersigned is releasing unknown future claims and
specifically waives the provisions of California Civil Code Section 1542 which provides: A general release does not extend to claims
that the creditor or releasing party does not know or suspect exist in his or her favor at the time of the executing the release and that, if
know by him or her, would have materially affected his or her settlement with the debtor or released party.
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 STL 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 STL.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. *

Yes I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Print Name *

Phone Number *

Address *

City *

State *

Zip *

Email *

Signature (full name typed as it appears on your ID) *

Today's Date *

YYYY

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)

In consideration of the following minor(s): (print name(s))

being permitted by STL to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless
STL 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:

Today's Date

YYYY

Date of Birth of Participant *

YYYY

Emergency Contact Information, (other than parents if minor) *

Do you have any physical and/or medical condition(s) that could affect your ability to fly?
*

Yes

If yes, please explain:

How did you hear about SwingIt Trapeze?

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