Live It Up Studio/ Black Hills Aerial and Cirque / Flaunt Entertainment/ TFG
WAIVER -Parent, legal guardian, or representative to sign if releaser is under age of eighteen (18).
1. In seeking, receiving permission, and/or voluntarily agreeing to participate in aerial dance, fitness and related activities under the direction of Breawna Nylen and staff members of Black Hills Aerial Cirque and Flaunt further referred to as TFG or related entities and venues (Live It Up Studio) (Rushmore Mall
I, ___________________________ “Releasor”, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Breawna Nylen and staff members of TFG, Black Hills Aerial Cirque, Live It Up Studio or related entities and venues (Rushmore Mall) , including servants, agents, employees, representatives, volunteers, successors and assigns (hereinafter “Releasees”) from any and all liability, claims, demands, actions, lawsuits, causes of action and/or judgments whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while engaging in such activities, or while in, or upon the premises where the activities are being conducted, REGARDLESS WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise and regardless whether such liability arises in tort, contract, strict liability, or otherwise.
2. I am FULLY AWARE OF THE RISKS AND HAZARDS associated with aerial dance and related activities, including the risk of injury and even death, and I hereby elect to voluntarily participate (or to endorse the participation of my minor child or dependant) in said activities and to enter the above-named premises and engage in such activities knowing that the activities may be hazardous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
3. I further hereby AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees, that they may incur due to my participation in said activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
4. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased; and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named Releasees. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of South Dakota and that if any part of this release is determined to be illegal, unenforceable or in conflict with any law governing this Agreement, the validity of the remaining portions shall not be affected thereby.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ THE FOREGOING WAIVER OF LIABILITY AND HOLD HARMLESS AGEEMENT; understand it and sign it voluntarily as my own free act and deed; no oral representations; statements or inducements apart from the foregoing written agreement have been made; I am at least eighteen (18) years of age (or my legal guardians are of legal age and full understand) and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same. Additionally, if “Releasor” is under the age of eighteen (18), I sign this form, on their behalf, and in full endorsement of and agreement with all contained as the Releasor’s parent, legal guardian or representative. THIS IS A RELEASE OF LEGAL RIGHTS.
PLEASE READ AND UNDERSTAND BEFORE SIGNING I understand all instruction and choreography is intellectual property of Breawna Nylen and staff members of Black Hills Aerial Cirque, Live It Up Studio and TFG. Aerial Dance and Cirque performances are to only be practiced and performed under strict safety guidelines and contracts within Black Hills Aerial and Cirque, Live It Up Studio and TFG. I understand training under Live It Up does not qualify my to teach aerial to others unless I enroll in the coaches program.
Black Hills Aerial and Cirque, Live It Upand TFG strive to create a safe learning atmosphere along with professional performance opportunities for our students.
Address Phone Number
Signature and Date
Black Hills Aerial and Cirque Signature, LIVE IT UP STUDIO, TFG