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ANNUAL PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of The Ann Arbor Aviary, 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 "AAA"), I hereby agree to release, indemnify, and discharge AAA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my participation in aerial arts activities 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 risks include, among other things: slips and falls; falling from equipment; 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, tears and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; the negligence of other participants, or other persons who may be present; my 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 raises the possibility of any manner of transportation accidents. In any event, if you or your child is injured, any medical assistance will be at your own expense. Furthermore, AAA 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. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AAA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AAA 's equipment or facilities, including any such claims which allege negligent acts or omissions of AAA. 4. Should AAA 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. 5. 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 willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against AAA, I agree to do so solely in the state of Michigan, 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 participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against AAA on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. Image Release: I hereby give consent to The A2 Aviary to use my image in any form of media, including print, television, and internet, for advertising and promotional purposes. A2A will not tag or identify participants on any form social media, but does encourage you to tag yourselves. Cancellation/Refund Policy I have read and understand the following: Classes Cancelled by the Aviary/Instructor Classes with less than 3 students signed up are subject to cancellation at the instructors discretion. If you are registered for a class which is cancelled with 24 hours or more of notice, you will receive an automated email from CircusDB. If the class is cancelled with less that 24 hours notice, you will receive a text or phone call from your instructor. The credit for the cancelled class will be returned to your CircusDB account. Group Classes Price packages and single class credits may be used to register into classes. It is your responsibility to attend the class(es) you have registered for and cancel the ones you will not attend. If you are going to miss a class, please cancel your reservation online at least 24 hours before the start time of class. We will not credit your account for no shows or late cancels. All early cancels will be fully credited to your CircusDB account. Private Instruction It is your responsibility to attend your private lesson appointments and cancel the ones you will not attend. If you are going to miss an appointment, please cancel your reservation in CircusDB at least 24 hours before the start time of that appointment. We will not credit your account for no shows or late cancels. All appointments cancelled online with 24 hours or more of notice will be fully credited to your CircusDB account. Workshops A2A is pleased to offer specialized workshops taught by instructors traveling from all over the country (and sometimes the world) and can only be held once a minimum number of students have registered. There is a custom price package set for each individual workshop or series of workshops and that package cannot be applied to ongoing classes. As such, we are unable to offer account credit, pro-rating, or transfers of any kind. If the workshop is cancelled due to low registration, you will be refunded. Private Parties We work hard to coordinate studio and instructor schedules to insure that your private party is fun, safe, and unforgettable. As such, we require full payment to make a reservation. Events cancelled with two weeks’ notice are entitled to a full refund, events cancelled with one week of notice are entitled to a 50% refund, and no refunds or credits will be issued with less than one week of notice. Youth Circus Camp Days missed by a camper are non-refundable. Refund requests submitted 30 days or more before the start date of the camp session will be refunded via Paypal minus a $50 processing fee (per camper, per session). Refund requests submitted 14 days or more before the start date of the camp session will be refunded via Paypal minus a $100 processing fee (per camper, per session). Refund requests submitted less than 14 days from the start date of the camp session will be not be refunded. Aviary Performances We commit ourselves to delivering a stunning performance for your event. As such, we require a financial commitment of 25% of the total performance price to hold the date for you. At four weeks prior, a payment of 50% of the total price is due, and the remaining 25% is to be paid on the day of the performance. Checks are accepted, but there will be a $25 per day fee if funds are unavailable until the outstanding balance is paid in full.
I have read and agreed to the waiver of liability written above.
Please have the student type their
full name below as a digital signature:
If the student is a minor, please type
full name as their parent or legal guardian:
Signed Tue, Jan 22nd 2019 at 8:15 AM
Are you a human?
(Sorry, robots don't make very good aerialists.)