ANNUAL PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Upside Aerial Arts & Fitness, LLC, Michelle Spurlock, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "UA"), I hereby agree to release, indemnify, and discharge UA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my (or my child's) participation in manipulation skills, equilibristic skills, acrobatic skills, drama skills, and aerial arts training, performance, and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to my child, 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; transmissible pathogen or disease, including COVID-19; my or my child's 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 will raise the possibility of any manner of transportation accidents. In any event, if I or my child is injured, any medical assistance will be at my own expense.

   Furthermore, UA 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.

   I expressly agree and promise to accept and assume all of the risks existing in this activity. My or my child's participation in this activity is purely voluntary, and I elect to participate (or have my child participate) in spite of the risks.

2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless UA from any and all claims, demands, or causes of action, which are in any way connected with my or my child's participation in this activity or my or my child's use of UA's equipment or facilities, including any such claims which allege negligent acts or omissions of UA.

3. Should UA 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.

4. I certify that I have adequate insurance to cover any injury or damage I or my child 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 or my child may have.

5. In the event that I file a lawsuit against UA, I agree to do so solely in the state of North Carolina, 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 or my child's participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against UA on the basis of any claim from which I have released them herein.

PHOTO/VIDEO RELEASE

1. I understand that for safety and security, UA has a security video camera recording footage at all times. I understand that in the event of an insurance claim, these videos may be submitted to UA's insurance provider for review.

2. I understand UA may take photographs or videos of me or my child ("Images") and copy, exhibit, publish, or distribute these Images for any lawful purpose. If I do not wish UA to use these Images, I can revoke this authorization at any time by notifying UA in writing. However, I understand that revoking my authorization does not apply to the video footage submitted to UA's insurance company or to photos or videos other participants may take of themselves, in which I or my child my appear, over which UA does not have control.

3. If authorization is not revoked in writing, Images taken by UA may be used in printed publications, multimedia presentations, websites, or any other distribution media. I agree that I will make no monetary or other claim against UA for use of the Images. In addition, I waive any right to inspect or approve the finished product wherein the Images appear. 

4. I understand I am welcome to take photos and videos of myself or my child participating in activities at UA as long as it does not interfere with safety or attentiveness to instruction. Providing instruction is the basis of the UA's livelihood, so UA instructors should not be filmed while teaching. I understand I can film myself or my child performing skills, and if I am struggling with a particular skill, I can schedule a private lesson during which I can request permission to film an instructor.

By signing this document, I acknowledge that I have had sufficient opportunity to read this entire document. I have read it and understood it, and I agree to be bound by its terms.

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (A separate waiver must be completed for EACH participant under the age of 18). In consideration of the above-named minor ("Minor") being permitted by UA to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless UA from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.

By checking the box above, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.