This is a waiver and release of liability. Upon accepting, you will give up your right to sue Open Space for Arts and Community (OPEN SPACE) or anyone associated with OPEN SPACE including UMO ENSEMBLE for injuries or losses you suffer while using OPEN SPACE facilities or while participating in activities at the OPEN SPACE facilities located at 18870 103rd Ave SW, Vashon, WA 98070. Carefully read each paragraph. If the participant is a minor (under 18), a parent or legal guardian must accept on behalf of the participant.

INHERENT RISK. I understand that there is a significant risk of serious physical injury, death and other damages inherent in physical theater and circus arts (aerial, tumbling, parkour, circus gymnastics, skateboarding, kickboxing, jiujitsu and acrobatics) and physical fitness training activities, and in my (or the minor's) use of OPEN SPACE facilities and instruction relating to these activities. These risks and hazards can include, but are not limited to, injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part or all of the rigging structures, flooring systems, building or training and fitness apparatus; defective, worn, uneven, separated or additional flooring or pads; hazards created by additional pads; falling and failing to land on a pad; failure and/or breakage of climbing holds; failure of climbing hold anchoring systems and hardware; failure of anchoring systems, anchors and belay devices used to secure climbing anchors and ropes; falling because of improper use of ropes and safety equipment; strained or sprained muscles, joints and connective tissue; broken bones; personal injury including paralysis, death, illness, property damage, and other losses. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees or agents of OPEN SPACE or other parties, as well as the risks normally associated with athletic endeavors. There is no way to eliminate the risk of serious harm or death.

I am further aware there are risks to me of exposure to directly or indirectly arising out of, contributed to, by, or resulting from an outbreak of any and all communicable disease, including but not limited to, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof. Participation in OPEN SPACE programs, events, and activities involves the potential exposure to, and illness from infectious, communicable diseases, including COVID-19. While following Federal and State guidelines may reduce the risk, THE RISK OF SERIOUS ILLNESS AND DEATH DOES EXIST. OPEN SPACE CANNOT, AND DOES NOT GUARANTEE, WARRANT, OR REPRESENT THAT PARTICIPANTS WILL NOT CONTRACT A COMMUNICABLE DISEASE, INCLUDING BUT NOT LIMITED TO COVID-19, AS A RESULT OF PARTICIPATION IN ITS PROGRAMS, EVENTS, OR ACTIVITIES.

ASSUMPTION OR RISK. I CERTIFY THAT I UNDERSTAND PHYSICAL FITNESS TRAINING ACTIVITIES, INCLUDING AERIAL, PARKOUR, TUMBLING, CIRCUS GYMNASTICS, ACROBATICS, SKATEBOARDING, AND MARTIAL ARTS EXPOSE ME TO A HIGH RISK OF INJURY OR ACCIDENT. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY (OR THE MINORS) PARTICIPATING IN ANY SUCH ACTIVITY AT OPEN SPACE FACILITIES OR SPONSORED BY OPEN SPACE.

WAIVER AND RELEASE ALL CLAIMS. I recognize that OPEN SPACE could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use OPEN SPACE’s facilities, I RELEASE OPEN SPACE AND ANYONE ASSOCIATED WITH OPEN SPACE, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, GUESTS AND THIRD PARTIES, INCLUDING UMO ENSEMBLE, FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE ALL CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, WHICH MAY ARISE AS A RESULT OF MY (OR THE MINORS) PARTICIPATION IN A OPEN SPACE-SPONSORED ACTIVITY OR FROM USE OF OPEN SPACE FACILITIES OR EQUIPMENT.

INDEMNIFICATION. In consideration of, and in part payment for the right to use OPEN SPACE's facilities, I agree to defend, protect, INDEMNIFY, and hold harmless OPEN SPACE, its officers, directors, members, instructors, employees, agents and guests, including UMO ENSEMBLE from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability of any nature, together with attorneys' fees and costs incurred, that may arise out of my (or the minor's) use of OPEN SPACE property or facilities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY (OR THE MINOR'S) VIOLATION OF OPEN SPACE RULES. I agree to pay the reasonable attorneys' fees and all other costs of all parties if I bring a suit for injuries suffered at OPEN SPACE and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my (or the minor's) right to participate in a OPEN SPACE-sponsored activity, I EXPRESSLY AGREE NOT TO SUE OPEN SPACE, ITS OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, AGENTS AND GUESTS, INCLUDING UMO ENSEMBLE, AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST OPEN SPACE AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY (OR THE MINOR'S) PARTICIPATION IN OPEN SPACE ACTIVITIES OR USE OF OPEN SPACE FACILITIES OR EQUIPMENT.

OPEN SPACE RULES. Participants must abide by all OPEN SPACE and UMO rules contained in written form as well as verbal directions that may be given by OPEN SPACE and UMO staff or employees.

PHYSICAL ABILITY. I certify that I have (or the minor has) no physical limitations or medical conditions that would impair my (or the minor's) ability to fully and safely use OPEN SPACE facilities. I agree to inform OPEN SPACE of any conditions that may have any effect on my (or the minor's) ability to fully and safely use OPEN SPACE facilities.

OTHER PROVISIONS. This agreement constitutes the complete and sole agreement between you and OPEN SPACE, its officers, directors, instructors, employees, agents, and all others associated with OPEN SPACE including UMO ENSEMBLE. Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding. INDIVIDUAL OFFICERS, DIRECTORS, OPEN SPACE MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my (or the minor's) use of OPEN SPACE facilities as well as my (or the minor's) participation in all OPEN SPACE activities and all associated events. THE LAWS OF THE STATE OF WASHINGTON SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE KING COUNTY, WASHINGTON. If any provision of this agreement or its application to any person or circumstance is held invalid or void, the remainder of the agreement and its application to other persons or circumstances is not affected and remains in full force and effect.

I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS. I recognize that if I have any questions regarding this waiver of rights, I should consult an attorney.

PHOTO RELEASE;
OPEN SPACE may, during the course of the class sessions, take photos of students participating in activities for Open Space promotional uses ONLY. If you do not wish your student to be photographed, please let us know at the start of each session or email us at UMOSCHOOL@OPENSPACEVASHON.COM. Thank you.