In consideration of the services of Jessica Beckmann, d/b/a The Last Carnival their agents, owners, officers, volunteers, participants, employees,workshop teachers, independently contracted instructors, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “The Last Carnival”) I hereby agree to release, indemnify, and discharge The Last Carnival on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. ACKNOWLEDGE, agree and represent that I understand the nature of AERIAL ACROBATICS AND CIRCUS ARTS, and that Iam in good health, and in proper physical condition to participate in such activity. I DO NOT have any of the following physical limitations: Pregnancy, glaucoma, recent surgery (esp. shoulder, eyes, back, hips, hands or wrists), heart disease, very high or low blood pressure, easy onset vertigo, osteoporosis / bone weakness, recent head injury, cerebral sclerosis, propensity for fainting, carpal tunnel syndrome, server arthritis, sinusitis or head cold, hiatal hernia, disc herniation or acute, discogenic disease, recent stroke, artificial hips, radiculitis (inflammation of nerve root in spine), severe muscle spasms, Botox injections (within 24 hours).
2. FULLY UNDERSTAND that:
a.AERIAL ACROBATICS INVOLVES RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death (“Risks”). My participation is purely voluntary and I elect to participate in spite of the risks.
b. These Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the Releases named below;
c. 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.
d. I FULLY ACCEPT AND ASSUME ALL SUCH RISK AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participation in the activity.
e. I acknowledge that AERIAL ACROBATICS AND CIRCUS ARTS 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.I understand that such activities always involve certain risks, including but not limited to, death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and serious injury to virtually all bones, joints, muscles, and internal organs, and the mats and other safety equipment and apparatus provided for my protection including the active participation of a teacher who will spot or assist in the performance of certain skills, may be inadequate to prevent serious injury. The risk of harm may be limited by all of the safety equipment and trained coaches, but never eliminated. I understand that participation in Circus Arts and Aerial Acrobatic conditioning, stretching and other activities may leave me vulnerable to the reckless actions of their participants who may not have complete control over their actions or who may not see other students in the area. I am voluntarily participating in this activity with knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death.
3. HEREBY RELEASE, discharge, and covenant not to sue Jessica Beckmann, The Last Carnival, their administrators, employees, workshop teachers, independently contracted instructors, owners and lessors of premises, on which the activity takes place (each considered one of the Releases herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releases or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I or anyone on my behalf, makes a claim against any of the Releases, I WILL NOT INDEMNIFY, AND I WILL SAVE AND HOLD HARMLESS each of the Releases, from an litigation expenses, attorney fees, loss, liability, damage or cost of which any may incur as a result of such claim.
4. In the event that I file a lawsuit against Jessica Beckmann, The Last Carnival, its agents, owners, officers, volunteers, participants, employees, workshop teachers, independently contracted instructors, and all other persons or entities acting in any capacity on their behalf, I agree to do so solely in the state of KANSAS 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 understand that this waiver is intended to be as broad and as inclusive as permitted by the laws of Kansas and that if any portion of this agreement is found to be invalid, void, or unenforceable, the remaining document shall remain in full force and effect.
5. I ACKNOWLEDGE, agree and represent that I AM NOT qualified to teach AERIAL ACROBATICS or CIRCUS ARTS, and will not teach AERIAL ACROBATICS or CIRCUS ARTS including but not limited to aerial silks, trapeze, lyra, aerial yoga, aerial fitness, acroyoga, and contortion either casually or professionally, to anybody, including friends, representatives, co-workers, businesses and studios.
a. I ACKNOWLEDGE that teaching AERIAL ACROBATICS or CIRCUS ARTS without proper training endangers all parties, and I HEREBY RELEASE Jessica Beckmann, The Last Carnival, their administrators, employees, workshop teachers, independently contracted instructors ,owners and lessors of premises, on which the activity takes place (each considered one of the Releases herein) from all liability, claims, demands, losses, or damages on my account caused by unlicensed teaching of aerial acrobatics including but not limited to aerial silks, trapeze, lyra, aerial yoga, aerial fitness, acroyoga, and contortion.
6. I agree that The Last carnival is in no way responsible for the safekeeping of my personal belongings while I attend class.
7. I ACKNOWLEDGE that I have read the following Safety Policies, and AGREE TO ABIDE by them at all times. I FULLY UNDERSTAND that if I fail to adhere to the Safety Policies below, that I am endangering myself and others, and my class participation may be revoked and no refund will be given.
1. Strictly adhere to the level progression. Levels are designed to build on each other, incorporating progressively more strength, endurance, stability, and understanding intensive movements. Students may not learn or practice skills above their level.
2. Must be able to execute a pose or sequence with strength, control and proper positioning before progressing to a more difficult skill.
3. Strictly adhere to the working heights specified in the program. The program starts low to the ground while students’ bodies and minds adapt to the new movements. Students will only be allowed to work at greater heights when they can safely execute the skill (with control) many times low to the ground first.
4. Absolutely no teaching other students or anyone else, any movement, pose, sequence, or skills. This is also known as skill-trading or skill-sharing, and is strictly prohibited.
5. No practicing skills that were not taught to them by The Last Carnival without instructor approval. If students have trained at other locations, they must get permission from their instructor before practicing each skill.
6. No practicing anything off of YouTube. If students want to learn a skill that they saw on YouTube, they should send the link to their instructor and ask their instructor to teach it during class. The instructor will evaluate whether the skill is appropriate for the student’s level, and will teach it accordingly.
7. Respect the teacher and other students at all times.
8. No participating under the influence of alcohol, any illegal drugs, or any prescription or over-the-counter drugs that might affect focus and/or concentration.
9. Unsupervised practice is strictly forbidden.
10. Don’t push body past safe working limits.
11. Warm-up properly to avoid pulling or straining muscles.
12. Do not engage in activities on the apparatus unless instructed by an instructor to do so.
I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, not withstanding, shall continue in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in activities at The Last Carnival, or with Jessica Beckmann or her agents, owners, officers, volunteers, participants, employees, workshop teachers, independently contracted instructors ,and all other persons or entities acting in any capacity on their behalf, I may be found by a court of law to have waived my right to maintain a lawsuit against The Last Carnival and/or Jessica Beckmann, and/or her agents, owners, officers, volunteers, participants, employees, workshop teachers, independently contracted instructors ,and all other persons or entities acting in any capacity on their behalf on the basis of any claim from which I have released them herein
I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
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.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under age of 18)
In consideration of the minor student (listed by name on the registration and entrance form) being permitted by The Last Carnival to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless The Last Carnival, or with Jessica Beckmann or her agents, owners, officers, volunteers, participants, employees, workshop teachers, independently contracted instructors ,and all other persons or entities acting in any capacity on their behalf 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 agreeing to these terms, I am confirming that I am the parent/guardian of this student and have the legal ability to waive the above mentioned rights for the minor.
– CONFIDENTIALITY & NON-COMPETE AGREEMENT –
INTELLECTUAL PROPERTY RIGHTS: BY TAKING CLASSES AT THE LAST CARNIVAL,315 N. 2nd St. LAWRENCE KS 66044, YOU WILL BE EXPOSED TO INTELLECTUAL PROPERTY. THE LAST CARNIVAL, CLASS STRUCTURE, MOVEMENTS, NOMENCLATURE AND ITS CONTENT SPECIFICALLY INCLUDING BUT NOT LIMITED TO WHICH IS TAUGHT AND USED IN ALL AERIAL ACROBATICS (SILKS, LYRA,
TRAPEZE, AERIAL HAMMOCK, CLOUD SWING, CORDE DE LISSE, AERIAL STRAPS) FITNESS CLASSES OR OTHER ACROBATIC OR CIRCUS ARTS CLASSES (HEREAFTER REFERRED TO INDIVIDUALLY AND COLLECTIVELY AS “THE LAST CARNIVAL”) ARE PROTECTED BY INTELLECTUAL PROPERTY RIGHTS AND LAWS. BY SIGNING THIS CONFIDENTIALITY AND NON-COMPETE AGREEMENT, YOU AGREE TO USE THE LAST CARNIVAL INTELLECTUAL PROPERTY, INCLUDING CHOREOGRAPHY, SOLELY WITHIN THE LAST CARNIVAL, FOR YOUR PERSONAL AND NON-COMMERCIAL USE. NO CONTENT MAY BE INSTRUCTED, PHOTOGRAPHED, VIDEOED, PUBLISHED IN PRINT OR ON THE INTERNET, DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD, OR OTHERWISE DISTRIBUTED WITHOUT THE PRIOR AND EXPRESS WRITTEN CONSENT OF THE LAST CARNIVAL OWNER. NO PERSON AFFILIATED WITH THE LAST CARNIVAL MAY USE THE LAST CARNIVAL PROPERTY OR CLIENTELE FOR COMMERCIAL PURPOSES, EITHER WITH A BUSINESS COMPETITOR, OR AS A SOLE PROPRIETOR WITHIN A ONTO FIFTY (1 TO 50) MILE RADIUS OF THE LAST CARNIVAL LOCATION OR CONTRACTED LOCATION.
IMPORTANT: I HAVE READ THE CONFIDENTIALITY & NON-COMPETE AGREEMENT AND I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
If the student decides to submit their signature electronically, the student must check the “I Agree” button below. By doing so, the student hereby consents and agrees that their use of a key pad, mouse or other device to check the “I Agree” button constitutes their “signature”, acceptance and agreement as if actually signed by the student in writing and has the same force and effect as a signature affixed by hand. Further, the student agrees the lack of a certification authority or other third party verification will not in any way affect the validity or enforce-ability of their signature or any resulting contract. Before checking the “I Accept” button, the student must type in the name of the person completing this form. If the student is under 18 their parent or guardian must type in the name of the student, and the parent/guardians name. Typing said parent/guardian’s name confirms that they are the parent/guardian of this student and have the legal ability to waive the above mentioned rights for the minor.