ANNUAL PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Cathy Werner, Mountain Air Modern Dance, DBA Mountain Air Dance, Bozeman Dance Academy, Epic Athletics and The Emerson Center, their agents, owners, officers, volunteers, participants, employees, building owners and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "CW, MAMD, BDA, EA and EC"), I hereby agree to release, indemnify, and discharge CW, MAMD, BDA, EA and EC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I represent that I am in good health and have had no known exposure to COVID-19 and no symptoms of COVID-19, including fever, sudden loss of taste or smell, diarrhea or vomiting, cough, shortness of breath or sore throat for 14 days prior to attending the facility. I acknowledge that if I believe that I’ve had any exposure to COVID-19, I will immediately cease attendance at the facility until I can again warrant that I have had no known exposure for the 14 days prior and alert the facility if I have been on the premises since my exposure.
I acknowledge that my participation in aerial arts and drama skills 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; 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, any medical assistance will be at your own expense.
Furthermore, MAD employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness 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.
3. I am aware that aerial training during and after the COVID-19 pandemic involves certain inherent risks, dangers and hazards that can result in serious infection, personal injury or death. I further acknowledge that my participation may result in possible exposure to and illness from COVID-19. While protocols and personal discipline may reduce this risk, the risk of serious injury, illness and even death is not possible to fully mitigate.
4. I expressly agree and promise to accept and assume all of the risks existing in this activity including the unknown risks of exposure to COVID-19, even arising from the negligence of others, the facility and staff. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
5. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CW, MAMD, BDA, EA and EC 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 CW, MAMD, BDA, EA and EC's equipment or facilities, including any such claims which allege negligent acts or omissions of CW, MAMD, BDA, EA and EC. In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, estate, next of kin, executors, administrators, assigns and representatives.
6. Should CW, MAMD, BDA, EA and EC 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.
7. 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.
8. In the event that I file a lawsuit against CW, MAMD, BDA, EA and/or EC, I agree to do so solely in the state of Montana, 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 CW, MAMD, BDA, EA and EC on the basis of any claim from which I have released them herein.
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.
