PLEASE READ THIS ENTIRE FORM CAREFULLY AND SIGN TO CONFIRM AGREEMENT
Informed Consent Agreement, Assumption of Risk, Release of Liability
1. I the undersigned declare that I am a participant, or am the legal guardian of a minor participant, in an activity offered by Sarah Scheunhage dba The Rising – Victoria Centre for Circus Arts ("The Rising"). I acknowledge that The Rising requires a binding waiver for all participants, failing which an intended participant will not be permitted to participate. I acknowledge that if I am not the legal guardian of a minor participant but hold myself out as such, The Rising’s waiver shall apply to the minor participant as if I were their legal guardian. I hereby acknowledge that aerial, acrobatic & fitness classes and all other activities offered by The Rising and/or taking place at The Rising’s business premises have an element of risk. These risks may lead to minor or serious injuries, or even death and may result from one’s actions, or the actions or inactions of others or equipment failure, or a combination of such factors. These programs may be athletically demanding and may contain risks that cannot be eliminated completely without removing the basic qualities of the activities. I, on my own behalf or on behalf of a minor participant, voluntarily participate in these activities and access The Rising’s premises with knowledge of the danger involved and hereby agree to assume full responsibility, including legal and financial responsibility for, and to accept, any and all risks of property damage or loss and bodily injury and treatment expenses for same, including but not limited to injuries, damage, loss, and expense resulting from landing, falling, injuries to bones, joints, ligaments, or tendons, head injuries, paralysis or loss of life.
2. I hereby warrant that the participant(s) that I am registering are physically fit to participate and understand that the choice to participate and be on the Rising’s business premises brings with it the assumption of those risks and results which are inherent of these activities. I acknowledge that a participant must inform The Rising and specifically the leader of any activity if a participant is physically compromised and either unable to perform an activity or requiring a modification. I acknowledge that The Rising’s activities are intended to develop and extend the participants’ physical and mental limits and capacities and some physical and mental discomfort and challenge is to be expected. If applicable, I have informed the minor participant for whom I am signing this waiver of the foregoing requirements and expectations. I agree to hold The Rising, its officers, employees, contractors, teachers, coaches, guest coaches, volunteers and staff harmless from all liability which may arise in connection with my participation, or that of a minor participant for whom I am signing, in any of The Rising’s programs or in any way connected with operation of The Rising’s business operations and The Rising’s business premises. The terms hereof serve as a release.
3. The Rising shall not be liable for any injury to person or property arising from, or in any way resulting from, my participation, or that of a minor participant for whom I am signing, in these activities even if injuries occur in a manner that is not foreseeable at the time I sign this agreement. I hereby forever release and discharge The Rising and its predecessors, officers, directors, employees, contractors, successors, insurers, representatives and all affiliates from all litigation, actions, claims and demand of every kind that my assign, successors, heirs, spouse, administrators, guardians, insurers and legal representatives, or those of the minor participant for whom I am signing, have now or may hereafter have for injury or damage resulting from my participation or that of the minor participant for whom I am signing, in The Rising’s programs, or their presence on The Rising’s business premises.
4. I acknowledge that if anyone is hurt or property is damaged during participation in an activity offered by The Rising, resulting from The Rising’s business operations, or on The Rising’s business premises I may be found by a court of law to have waived my right to maintain a lawsuit against The Rising on the basis of any claim from which I have released herein.
5. I acknowledge that the Rising’s activities may require an instructor, coach, employee, contractor or supervisor to perform some manual spotting or physical correction of a participant which involves direct physical contact designed to assist the participant in the safe performance of the program skills, and I consent to same.
6. I have had sufficient opportunity to read this entire document. I declare having read and understood it and agree to be bound by its terms. I consent to participate acknowledging all the foregoing. If I am signing for a minor, I certify that I am the parent/guardian for that minor, and agree to the above on their behalf.