South Dakota Aerial & Arts, LLC Waiver
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of South Dakota Aerial & Arts LLC, Cirka Performance Arts., their agents, officers, volunteers, employees, and all other persons or entities acting in any capacity on behalf (hereinafter collectively referred to as "SDAA"),
I hereby agree to release, indemnify, and discharge SDAA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my, my child or any individual I am representing's participation in aerial arts training and instruction 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; transmissible pathogen 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, SDAA 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 the risks existing in this activity. My or any individual that I am representing's participation in this activity is purely voluntary, and I elect to participate despite the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SDAA 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 SDAA equipment or facilities, including any such claims which allege negligent acts or omissions of SDAA.
4. Should SDAA 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 condition I may have.
6. In the event that I file a lawsuit against SDAA, 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 SDAA 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 SDAA.
7. Attire
ALL PERSONS PARTICIPATING IN ANY OF THE ACTIVITIES AND SERVICES PROVIDED OR SPONSORED BY SDAA MUST WEAR APPROPRIATE CLOTHING. No jewelry, watches, or zippers are permitted on any aerial equipment. If i wear any clothing that does not abide by these rules, I assume the cost of replacing any damaged equipment.
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8. I agree to replace and pay for any damages made to equipment that happened by performing skills that have not been taught by SDAA coaches that include a lot of slack or other manuevers that are considered unsafe or dangerous.
9. I acknowledge that I have consulted with my physician and I/my child and/or a minor for which I am guardian of is in proper health and physical condition to participate in all SDAA activities and services. I certify that to the best of my knowledge, I/my child and/or a minor for whom I am guardian have no preexisting physical condition that may result in danger to myself, or others, through the participation of a physically intense program, or physical contact with others.
9. Authority to Photograph/Video
I acknowledge that SDAA may film, record, and/or photograph participants who receive services or watch performances from SDAA. I hereby give permission for SDAA to use my child and/or a minor for which I am guardian of's image, name and voice in all such films, recordings, and photographs taken by SDAA staff, volunteers and contractors without receipt or distribution of compensation. I acknowledge that I will not take any videos or photos of students without their consent. If anyone is found to share, post or take photos or videos of students without their consent, they will not be welcome back into SDAA. If they are shared without consent, SDAA may press charges as member consent is mandatory and we want to keep this as a safe space for all students.
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I agree that 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.
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Fill out the form below to agree to these terms. If you have any issues with the form - email info@sdaerialarts.com.