RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Circus and Aerial Arts organized by Circus Room, LLC dba Enchanted Circus Room, of 6554 44th Street N, #1007, Pinellas Park, Florida, 33781 and/or use of the property, facilities and services of Circus Room, LLC dba Enchanted Circus Room, (hereinafter collectively referred to as “ECR”) I agree for myself and (if applicable) for my minor child, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by ECR or the employees, representatives or agents of ECR.
2. ASSUMPTION OF THE RISKS AND RELEASE. I acknowledge that my participation in aerial arts training and instruction, including trapeze, aerial fabric and other disciplines 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 risk include, among other things: exposing its participants to the potential of slips and falls and falling; Rope burns; Pinches; Scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, the concussions, or even severe life threatening hazards; Strains, sprains, cuts, bruises, muscle soreness and fracture; Musculoskeletal injuries including head, neck, and back; Injuries to internal organs; The negligence of other people; My own physical conditions; 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, you or your child may require medical assistance, at your own expense.
Participant agrees that ECR employees, agents and contractors have difficult jobs to perform and cannot prevent all accidents. They try to minimize the risk, but accidents will happen. By signing this Participant Agreement, Release, and Assumption of Risk (hereinafter referred to as “Agreement,”) I am waiving any claims against ECR for any negligence and expressly assume the risk of injury because of such negligence or failure to maintain or operate equipment.
I assume full responsibility for personal injury to myself and (if applicable) my minor child, and further release and discharge ECR for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of ECR, whether caused by the fault of myself, my family, Circus Room, LLC dba Enchanted Circus Room or other third parties.
I expressly agree and promise to accept and assume all the risk existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks.
3. INDEMNIFICATION. I agree to indemnify and defend ECR against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of ECR.
4. FEES. I agree to pay for all damages to the facilities of ECR caused by any negligent, reckless, or willful actions by me or my family. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities described herein, 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.
5. CONSENT. I, participant or parent/legal guardian, consent to the participation of my or (if applicable) my minor child(ren) in the activity of Circus and Aerial Arts, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of child(ren) registered.
6. MEDICAL AUTHORIZATION. In the event of an injury to the above minor during the above-described activities, I give my permission to ECR or to the employees, representatives or agents of ECR to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the date this signed and will remain in effect until terminated in writing by the undersigned or when the above-described activities are completed. ECR shall have the following powers:

a. The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;

b. The power to authorize medical treatment or medical procedures in an emergency situation; and

c. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.

8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that ECR has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

NOTICE TO THE MINOR CHILD'S GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASEE USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEE IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASEE HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

PHOTO RELEASE

For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant Circus Room, LLC dba Enchanted Circus Room permission to use my or (if applicapable) my minor child's likeness in a photograph in any and all of its publications, including but not limited to all of Circus Room, LLC dba Enchanted Circus Room's printed and digital publications. I understand and agree that any photograph using my or (if applicapable) my minor child's likeness will become property of Circus Room, LLC dba Enchanted Circus Room and will not be returned.

I acknowledge that since my or (if applicapable) my minor child's participation with Circus Room, LLC dba Enchanted Circus Room is voluntary, I will receive no financial compensation.

I hereby irrevocably authorize Circus Room, LLC dba Enchanted Circus Room to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing Circus Room, LLC dba Enchanted Circus Room's programs or for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my or (if applicapable) my minor child's likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.

I hereby hold harmless and release and forever discharge Circus Room, LLC dba Enchanted Circus Room from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.