PARTICIPANT AGREEMENT, RELEASE, CONSENT, AND ASSUMPTION OF RISK
In consideration of the services of Twin Cities Trapeze Center, LLC
, and its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “TC2”), hereby agree to release, indemnify and discharge TC2 on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in high trapeze, also called flying trapeze, acrobatics, trampoline, Spanish web, rope, tissue, single trapeze, double trapeze, teeterboard or other catapult devices, tightwire and all other activities that are taught at TC2 or by TC2 employees at any offsite location (hereinafter referred to as “Circus Activities”), subject the participant to danger, and that this risk cannot be eliminated without jeopardizing the essential qualities of the Circus Activities.
Without a certain degree of risk, Circus Activities students would not improve their skills and the enjoyment of the sport would be diminished. Circus Activities expose its participants to the usual risk of cuts and bruises. However, more serious risks exist as well. Participants can fall off equipment, sprain or break limbs, and can suffer more serious injuries, and even death. Circus Activities take place in a circus school and performance environment in which there are tripping and falling hazards and hazards from moving athletic equipment and energized and active construction and maintenance equipment and facilities construction materials with sharp edges and dust and splinter hazards. In any event, if you are injured, you may require medical assistance, which you will have to pay for at your own expense.
Furthermore, TC2 employees have difficult jobs to perform and cannot prevent all accidents. They try to minimize the risk, but accidents will happen. By signing this agreement, I am waiving any claims against TC2 for negligence and expressly assume the risk of injury because of negligence or failure of equipment.
2. I expressly agree and promise to accept and assume all of the risks existing in Circus Activities.
I am fully informed and understand that the risks, hazards and dangers include the risk of serious bodily injury, including permanent disability, paralysis and death, as well as damage to property. I engage in these activities voluntarily and at my own risk.
3. Instruction in Circus Activities requires that the participants are touched by the instructors in order to demonstrate correct procedure, correct form, or in order to prevent an unsafe act. I expressly acknowledge that I will be touched by instructors and consent to touching as part of the instruction at TC2.
4. I hereby voluntarily release, waive, forever discharge, covenant not to sue, and agree to indemnify and hold harmless TC2 from any and all claims, demands or causes of action, which are in any way connected with my participation in Circus Activities or my use of TC2’s equipment or facilities, including any such claims which allege negligent acts or omissions of TC2 or failure of its equipment.
5. Should TC2 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.
6. I certify that I have adequate insurance to cover any injury or damage I 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 of sufficient physical and mental condition to participate in Circus Activities and I am willing to assume the risk of any medical or physical condition I may have.
7. This agreement shall be construed and interpreted pursuant to Minnesota law. Parties agree to binding arbitration of any and all claims against TC2 at and under the rules of the JAMS Foundation, 333 So. Seventh St., Ste. 2550, Minneapolis, MN 55402-2470 or with an equivalent arbitrator. In any judgment, NO AWARD SHALL EXCEED $2500.00.
I agree that In the event that any provision of the Agreement is held to be overbroad as written, such provision shall be deemed to be amended to narrow its application to the extent necessary to make the provision enforceable according to applicable law.
By signing this agreement, I acknowledge that if anyone is hurt or property is damaged during my participation in Circus Activities, I have waived my right to maintain a lawsuit against TC2.
I acknowledge that I have had sufficient time to read this entire agreement and to ask questions about its scope and meaning and I understand the Agreement.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of
(“Minor”) being permitted by TC2 to participate in its Circus Activities and to use its equipment and facilities, I affirm that I have the capacity to, and further agree to indemnify and hold harmless TC2 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 subject to all terms above. I further affirm that Minor is at least 6 years of age.