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Legal Agreement Regarding Activities, Events, and Services
THIS AGREEMENT RESULTS IN YOU WAIVING RIGHTS AND POTENTIAL RIGHTS, WHETHER ON YOUR OWN BEHALF AND/OR ON BEHALF OF SOMEONE FOR WHOM YOU ARE AUTHORIZED TO MAKE SUCH DECISIONS AND AGREEMENTS. THE PERSON WHOSE RIGHTS ARE BEING WAIVED AND RELEASED IS THE “RELEASEE”. YOU SHOULD NOT EXECUTE THIS AGREEMENT UNTIL AND UNLESS YOU COMPLETELY UNDERSTAND IT AND UNRESERVEDLY AND IRREVOCABLY CONSENT TO IT. THIS AGREEMENT IS LEGALLY BINDING.
Good Judgment and Good Conduct by Releasee. Releasee warrants and represents that Releasee is capable of using and shall use good judgment with regard to Releasee’s conduct and Releasee’s participation in activities, either in person or online (the “Activities”) and/or Flying Classes, Workshops, Camps, Lesson services (the “Services”) at or via On The Fly Productions, LLC (the “Company”). Most of the Activities shall involve some level of physical exertion, sometimes significant physical exertion, and Releasee must and shall decide to participate in Activities only if and to the extent Releasee can reasonably participate and is comfortable doing so. Releasee promises to not participate in Activities, either in person or online, or Services if Releasee is uncomfortable or unsure regarding the safety or appropriateness of participating. Releasee will otherwise act in a manner which is respectful and safe toward others during and relating to Activities and Services at or via the Company and when participating in or being present at any in person or online Company sponsored, organized, or affiliated event or program and when on property owned or controlled by Company.
Appropriate and Sufficient Health, Medical, Physical, Mental, and Emotional Condition. Releasee warrants and represents that Releasee is in appropriate and sufficient good health and medical, physical, mental, and emotional condition to participate in the Activities, whether in person or online, that Releasee will be participating in at or via Company and that Releasee has no problems or issues which would endanger Releasee or others due to such participation. Releasee further warrants and represents that Releasee will not utilize the Services except when the camper is in good health, does not require any medications to be provided while the Services are being utilized, and does not pose an elevated risk toward others, including other children.
Informed Consent and Assumption of Risk. Participating in Activities at or via the Company, either in person or online, will by the very nature of said Activities lead to a certain level of physical exertion and physical activity. Releasee is only participating after giving informed consent, including by way of this Agreement. By volunteering to participate in the Activities, either in person or online, Releasee assumes the risk of any negative consequences which may reasonably result from the Activities, including as a result of actions or inactions by the Company, by other activity participants, or by third parties.
Participation in aerial arts, equilibristic skills, acrobatic skills, drama skills, stagecraft and instruction activities has inherent known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. 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 more severe life threatening injuries, including, but not limited to, musculoskeletal injuries including head, neck, and back and injuries to internal organs. Traveling to and from shows, meets and exhibitions raises the possibility of any manner of transportation accidents. In any such instance, your child may require medical assistance, at your own expense.
As to Services, Releasee recognizes and accepts that: Services may be provided by persons who are not child care professionals or otherwise licensed or permitted relating to child care; that the Company is not a licensed or permitted or certified child care facility; and even properly monitored children can and sometimes do end up with bumps, bruises, scrapes, and sometimes more serious injuries or conditions.
Furthermore, the Company 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.
Communicable Diseases. Participating in Activities at or via the Company will also invariably place Releasee in close proximity with other individuals and in contact with surfaces or areas that may have been handled, touched, or come into contact with other individuals. Due to the nature of the Activities and Services, as well as the participation of other persons, the Company cannot guarantee that recommended social distancing will be followed at all times during the Activities and Services and cannot guarantee that surfaces and other areas or items the Releasee may come in contact with are free of viruses, bacteria, or other contaminants. Releasee acknowledges that cases of the novel coronavirus (“COVID-19”) have been confirmed throughout the United States. By volunteering to participate in the Activities and Services, Releasee appreciates, fully understands, and assumes the risk that Releasee may be exposed to and contract COVID-19 or any other communicable disease, including as a result of actions or inactions by the Company, by other activity participants, or by third parties. If Releasee is not aware of these risks which may come by participating in the Activities, Releasee should not participate until and unless Releasee has sought and received information from the Company which allows Releasee to have a fair and reasonable opportunity to know and understand said risks.
Releasee agrees, represents, and warrants that neither Releasee nor any child that Releasee brings to participate in the Services will participate in Activities or Services or visit the Company’s physical location(s) if he or she (i) is experiencing symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath or (ii) has a suspected or diagnosed case of COVID-19 or any other communicable disease. Additionally, Releasee agrees, represents, and warrants that neither Releasee nor any child that Releasee brings to participate in the Services will participate in Activities or Services or visit the Company’s physical location(s) if he or she, within the preceding 14 days, has (1) visited an area subject to a CDC Level 3 Travel Health Notice, (2) been exposed to any person who had visited an area subject to a CDC Level 3 Travel Health Notice in the 14 days preceding the exposure, or (3) been exposed to any person who has a suspected or diagnosed case of COVID-19.
Waiver and Release of Liability and Related Covenant. Releasee and anyone who can claim or recover through Releasee hereby agree to waive, relinquish, discharge, release, and covenant not to sue the Company or its parent, sister, affiliated and/or subsidiary corporations and related entities, their members, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers, from any and all rights, claims of injury, demands, causes of action, damages, liabilities, or loss that Releasee and anyone who can claim or recover through Releasee may have or come to have arising out of, connected with, or in any way associated with the Activities, whether in person or online, or Services at or via the Company or with Releasee participating in or being present at any in person or online Company sponsored, organized, or affiliated event or program or being on property owned or controlled by Company. Releasee further covenants not to sue or otherwise bring a claim or complaint against Company for any of the matters waived and released herein. This paragraph should not be interpreted to attempt to waive or release rights or claims which, by law, cannot be waived or released in this fashion.
Releasee voluntarily releases, forever discharges, and agrees to indemnify and hold harmless the Company 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 the Company 's equipment or facilities, including any such claims which allege negligent acts or omissions of the Company.
Should the Company or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, Releasee agrees to indemnify and hold them harmless for all such fees and costs.
Releasee certifies that they have adequate insurance to cover any injury or damage they may cause or suffer while participating, or else agrees to bear the costs of such injury or damage themself. Releasee further certifies that they are willing to assume the risk of any medical or physical condition they may have.
Consent to Use of Likeness. Releasee understands that during my participation in the Activities and Services at or via the Company, either in person or online, Releasee’s image, likeness, and/or voice may be captured in a photograph, video, or other visual, audio, or audiovisual recording (collectively, “Recordings”), which the Company may use or publish, including without limitation for purposes of advertising or promoting the Company or its services and products or for the provision of the Activities and Services. By participating in the Activities and Services, either in person or online, Releasee irrevocably permits the Company and its affiliates, agents, employees, and assigns rights and permission to (1) record, videotape, and photograph or publish Recordings of Releasee and/or Releasee’s name (with or without sound) either alone or with others on any media; (2) use, distribute, publish, display, reproduce and otherwise exploit the Recordings, in whole or in part, and in any and all manners and media, with or without Releasee’s name or a fictitious name for any purpose, including without limitation editorial, audiovisual, advertising, or trade purposes; (3) alter, edit, crop, or retouch the Recordings without restriction; and (4) copyright the Recordings in any manner the Company may choose. Releasee understands that the Recordings may be used in any media, including without limitation on the Internet, and that the Recordings may be displayed publicly and prominently. Releasee further understands that no compensation or royalty will be provided to Releasee for use of Releasee’s image and/or name. Releasee waives any right to inspect or approve any use of Recordings by the Company.
Limitations on Damages in Case of Liability. Should Company somehow be found liable despite this Agreement, Releasee agrees that the maximum damages Company shall be liable for is the total amount Releasee has paid to Company in the preceding twelve (12) months.
Company Indemnified, Defended, and Held Harmless. Releasee hereby agrees to indemnify, defend, and hold harmless the Company, at no cost to Company, as to any claims or causes of action against Company due or related to Releasee’s participation in the Activities, whether in person or online, or utilization of the Services or related to any action or inaction of Releasee while on Company’s property or while participating or being present in any Company sponsored, organized, or affiliated event or program, whether in person or online.
This Agreement’s Interpretation, Severability, Reformation, Completeness, and Finality. The parties agree that the language of this Agreement shall not be interpreted against either party as the “drafter” and that both parties have similar bargaining power. If any part of this Agreement is found to be void, illegal, or otherwise unenforceable, the offending provision(s) shall be stricken but the remainder of the Agreement shall remain in effect and best interpreted to accomplish the intent of the Agreement as stated herein. The parties affirm that this Agreement is final and complete, and supersedes any other information which contradicts this Agreement, and cannot be amended except by further written agreement of the parties which is clearly intended to amend this Agreement.
Resolution of Disputes. Company does not expect to have any disputes with Releasees, but this issue is addressed in case that does occur. Should there be any disputes between Releasee and Company regarding this Agreement or any other aspect of the relationship between Releasee and Company which results in a legal or quasi-legal action being initiated, Indiana laws and rules shall apply to the extent allowable. Jurisdiction and venue for any legal or quasi-legal action shall only be with a state court in Marion County, Indiana. Each party will bear its own court costs and attorneys’ fees except that if there is a dispute regarding Releasee’s non-payment of costs or fees or dues to Company, the prevailing party shall recover its legal costs and fees relating to that dispute, including attorneys’ fees and including any costs of collection, whether pre-litigation or otherwise.
Releasee’s Agent Executing on Behalf of Releasee. If the Releasee is unable to execute this document of his or her own accord for whatever reason, and it is instead being executed by someone on behalf of the Releasee (the “Releasee’s Agent”), the Releasee’s Agent hereby warrants, represents, and swears that (s)he has the authority to execute this legally binding agreement on behalf of the Releasee and that Company absolutely and materially relies on that warranty, representation, and sworn indication.
THIS IS A BINDING LEGAL AGREEMENT
By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract. I understand that I will receive a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the PDF document, I understand that I will need software that enables me to receive and access PDF files such as Adobe Reader software or other software capable of reading a PDF file. In order to print and retain a hard copy of this agreement, I understand that I will also need a printer connected to my computer. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party that requires my signature on this agreement directly.
A parent or legal guardian must sign this agreement on behalf of any minor participant under the age of 18. By electronically signing this agreement, I represent that I have the authority to sign and enter into this agreement on behalf of the minor(s) listed above.
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