RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT FOR PRODIGY PERFORMING ARTS
In consideration of participating in the activities at Prodigy Performing Arts, I represent that
I understand the nature of this activity and that I am in good health, and in proper physical condition to participate in such activity.
I acknowledge that if I believe conditions are unsafe, I will immediately discontinue participation in the activity.
I acknowledge that I am voluntarily participating in this activity. I am fully aware that Circus Arts (i.e. aerial silks, lyra, dance, rope, hammock, acrobatics, contortion and related activities) contains dangers and inherent risks (including serious injury or death), that no amount of care, caution, instruction or expertise can eliminate.
I understand the scope, nature and extent of the risks involved and voluntarily and freely choose to assume any and all such risks. I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “releasees†named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the activity.
I consent Prodigy Performing Arts to use my, my child or ward’s, photographic image or words for promotional purposes. I assign any and all rights, to Prodigy Performing Arts
CLASS LEVELS
Prodigy Performing Arts has developed class levels to ensure that students work at a pace appropriate to their skill and ability. Prodigy Performing Arts Instructors and staff will advise students when they are ready to proceed to the next level.
Prodigy Performing Arts instructors and staff reserve the right to decide which class level a student is required to attend. Any student who disagrees with the level of class they are recommended to attend may arrange a private lesson with a senior teacher in their discipline for grading. These private lessons will be subject to the terms and conditions relating to private lessons.
STUDENT CONDUCT
Students are advised to wear appropriate training clothing for their class. Students are asked not to wear shoes on the mats or aerial equipment. It is advised not to wear jewellery, belts, buckles or other hard materials when attending classes.
Instructors have the right to decline entry to late or disruptive students. If a student is late, disruptive or fails to follow the Trainers directions they may be asked to leave the Class. No refunds or credits are paid in these circumstances.
No student is to touch or change any of the aerial or rigging equipment in the training space. students that are maliciously misusing the aerial equipment and purposely damage equipment are required to replace any damages incurred.
Students should be aware of their own strength and abilities, and never push themselves if injured. If a student is unsure of any skills, they are to always take the option they feel most comfortable with once they have discussed their concerns with their instructor.
INDEMNITY
I, the student enrolled, or legal guardian of, have, of my own free will, entered the facilities of to participate in recreational activity with full and complete understanding of Prodigy Performing Arts Terms and Conditions, and in doing so acknowledge:
I fully understand and acknowledge that all activities undertaken at Prodigy Performing Arts have (a) inherent risks, dangers, and hazards and such exists in my participation in this activity; (b) my participation in such activity may result in injury or illness; (c) by my participation in these activities, I hereby assume all risks and dangers and all responsibility for any losses and/or damages incurred.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Prodigy Performing Arts and all its members from any and all claims, actions or losses for bodily injury, property damage, death, loss of services or otherwise which may arise out of participation in this activity. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future.
MEDICAL CONDITIONS AND MEDICAL CARE
I understand that I am responsible for informing my instructors of any pre-existing medical conditions or injuries that may affect my ability to participate in training. I understand that, if during the course of my training I develop any medical conditions or injuries, I must inform my instructor about them.
I give Prodigy Performing Arts and its agents permission to seek medical attention on my behalf, should they deem it necessary.
I give Prodigy Performing Arts and its agents permission to contact an ambulance on my behalf if they deem one necessary.
PARENTAL CONSENT
AND I, the minor’s parent and/or legal guardian, understand the nature of the above referenced activities and the Minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby Release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims demands, losses or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost of any Releasee may incur as the result of any such claim. I acknowledge that I have been advised to obtain independent legal advice concerning the ramifications of signing this document.