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For good and valuable consideration (the “Consideration”), the receipt and sufficiency of which is hereby conclusively acknowledged, including being permitted to enter and/or participate at Full Moon Pole & Dance Studio LLC (the “Studio”), whether at its primary location or any other location used for Studio-related activities, for any purpose including but not limited to observation, use of facilities and equipment, participation, training, performing, volunteering, observing, and/or competing in pole dance, aerial hoop (lyra), silks, and related movement activities (collectively, the “Aerial Arts”), which are inherently and potentially hazardous activities:

 

1) Inspection of Facilities & Equipment

The undersigned hereby acknowledges, agrees and represents that he or she will inspect equipment and facilities immediately upon entering the Studio. Entry into the Studio for observation, participation, or use of any facilities or equipment is an acknowledgment that all facilities and equipment have been inspected by the undersigned, and that the undersigned finds and accepts the same as safe and reasonably suited for the intended purpose.

 

2) Medical Acknowledgment

THE UNDERSIGNED HAS OBTAINED OR WILL OBTAIN AN APPROPRIATE MEDICAL CHECKUP BEFORE COMMENCING ANY AERIAL ARTS TRAINING, WITH A PHYSICIAN TO VERIFY THAT SUCH TRAINING IS APPROPRIATE FOR THE UNDERSIGNED’S PHYSICAL CONDITION. IF THE PHYSICIAN DISAPPROVES OR APPROVES ONLY SUBJECT TO CERTAIN CONDITIONS, THE SAME SHALL BE COMMUNICATED IN WRITING TO FULL MOON POLE & DANCE STUDIO LLC AS A PRECONDITION TO ENROLLING IN ANY PERFORMANCE, COMPETITION, WORKSHOP, CLASS, OR TRAINING.

 

3) Under the Influence / Impairment

The undersigned acknowledges and agrees that participation in any Studio activity while impaired is extremely dangerous. The undersigned represents and agrees that they will not participate in any activity, training, open practice, rehearsal, performance, or use of equipment if they are under the influence of alcohol, cannabis, illegal drugs, controlled substances, or any prescription/over-the-counter medication that may impair coordination, balance, judgment, or reaction time (collectively “Impairing Substances”).

The undersigned understands and agrees that:

• Participation while under the influence is done entirely at the undersigned’s own risk.

• The Studio, its owners, officers, directors, instructors, employees, independent contractors, agents, volunteers, and co-participants (“Releasees”) shall not be responsible or liable for any injury, loss, damage, or claim arising from or relating to the undersigned’s impairment, whether known or unknown to the Studio.

• If the undersigned participates while impaired, the undersigned is fully responsible for any harm, injury, loss, or damage caused to themselves, other guests/students/performers, staff, instructors, contractors, or any third party, as well as any damage to equipment, the Studio premises, furnishings, mirrors, poles, rigs, flooring, or any property of the Studio.

   

4) Release of Liability

THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE FULL MOON POLE & DANCE STUDIO LLC, and any of their officers, directors, instructors, employees, independent contractors, agents, volunteers, and co-participants (collectively “Releasees”) from all liability to the undersigned for any loss or damage, and any claim or demands on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence, pre-existing medical condition, or physical over-exertion of the undersigned or otherwise, while the undersigned is in the Studio or using any facilities or equipment. This includes, without limitation, injuries or damages which may result from physical contact with participants or instructors, slipping or tripping and falling due to a dangerous condition of the property, improper maintenance of the location or equipment, inadequate security, inadequate supervision, and/or improper or negligent instruction.

 

5) Participant Responsibility for Damage / Harm to Others

The undersigned agrees that they are financially and legally responsible for any damage they cause, whether intentionally or unintentionally, including but not limited to damage to Studio equipment, rigging, poles, aerial apparatus, flooring, mirrors, furniture, sound systems, props, and/or any part of the Studio facility, as well as any injury or harm caused to any other student, guest, performer, staff member, instructor, contractor, volunteer, or third party arising out of the undersigned’s conduct, actions, negligence, misuse of equipment, or participation while under the influence.

 

6) Indemnity / Hold Harmless

THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES and each of them from any loss, liability, damage, claim, demand, cost, attorney’s fees, or expense they may incur due to the presence of the undersigned in, upon or about the Studio or in any way observing or using any facilities or equipment, whether caused by the negligence of the Releasees or otherwise, INCLUDING CLAIMS BROUGHT BY OTHER PARTICIPANTS OR THIRD PARTIES ARISING FROM THE UNDERSIGNED’S ACTIONS, IMPAIRMENT, OR MISUSE OF EQUIPMENT.

 

7) Assumption of Risk

THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, death or property damage due to participation in the Aerial Arts and presence in, upon, or about the Studio, including any risks arising from the actions of other participants.

 

8) Severability / California Law

THE UNDERSIGNED FURTHER EXPRESSLY AGREES THAT THE FOREGOING RELEASE, WAIVER AND INDEMNITY AGREEMENT AND AGREEMENT TO ASSUME RISK OF POTENTIALLY HAZARDOUS ACTIVITY IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF CALIFORNIA and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

9) Entire Agreement / No Oral Modifications

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS AGREEMENT, AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THIS WRITTEN AGREEMENT HAVE BEEN MADE. THE UNDERSIGNED UNDERSTANDS THAT NO ONE AT FULL MOON POLE & DANCE STUDIO LLC IS AUTHORIZED TO MODIFY THIS AGREEMENT EXCEPT IN WRITING SIGNED BY THE PARTIES.

 

10) First Aid / Medical Treatment

I fully understand that if any medical treatment is provided to me at Full Moon Pole & Dance Studio LLC, with or without my consent, such treatment will be first aid type treatment, and I waive any and all claims or causes of action arising from or based upon the provision of such treatment, including claims based upon the negligent provision of such treatment.

 

11) Final Acknowledgment

I HAVE CAREFULLY READ THIS RELEASE. I HAVE NO QUESTIONS TO ASK PRIOR TO SIGNING THIS AGREEMENT. THIS IS A LEGAL DOCUMENT AND I HAVE HAD THE OPPORTUNITY TO CONSULT MY ATTORNEY BEFORE SIGNING IT. I AGREE THAT ANY AMBIGUITY IN THIS AGREEMENT SHALL NOT BE INTERPRETED AGAINST FULL MOON POLE & DANCE STUDIO LLC.

 

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND ASSUMPTION OF RISK OF POTENTIALLY HAZARDOUS ACTIVITY, AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. FURTHERMORE, THE UNDERSIGNED UNDERSTANDS THAT NO ONE AT FULL MOON POLE & DANCE STUDIO LLC IS AUTHORIZED TO MODIFY THIS AGREEMENT.

 

I fully understand that if any medical treatment is provided to me at the Full Moon Pole & Dance Studio LLC, with or without my consent, such treatment will be first aid type treatment, and I waive any and all claims or causes of action arising from or based upon the provision of such treatment, including claims or causes of action based upon the negligent provision of such treatment.

 

No amendment, modification, or supplement to this Agreement shall be binding unless it is in writing and signed by the parties. This Agreement is the entire agreement between the parties. This Agreement supersedes all previous agreements. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such provisions shall be stricken from this Agreement, and shall not affect the legality, enforceability, or validity of the remainder of this Agreement. Each person signing this Agreement represents and warrants that he or she is duly authorized, and has legal capacity to execute and deliver this Agreement, including the parents or guardians of any minor. This agreement shall bind the parents, heirs, executors and assigns of the undersigned.

 

I HAVE CAREFULLY READ THIS RELEASE. I HAVE NO QUESTIONS TO ASK PRIOR TO SIGNING THIS AGREEMENT. THIS IS A LEGAL DOCUMENT AND I HAVE HAD THE OPPORTUNITY TO CONSULT MY ATTORNEY BEFORE SIGNING IT. I AGREE THAT ANY AMBIGUITY IN THIS AGREEMENT SHALL NOT BE INTERPRETED AGAINST FULL MOON POLE & DANCE STUDIO LLC.

 

Signing this agreement I agree to the above the terms.