In consideration of the services of Studio 360 SYR LLC 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 Studio 360), I hereby agree to release, indemnify, and discharge Studio 360, 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 training and instruction, including trapeze, aerial fabric, lyra, pole dance, yoga and other disciplines 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 risk include, among other things: exposing its participants to the potential for slips and falls and falling; rope burns; pinches; scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even sever life threatening hazards; strains, sprains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. In any event, if you or your dependent is injured, you or your dependent may require medical assistance, at your own expense.
Furthermore, Studio 360 employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of participant’s fitness, medical conditions, 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 risk existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I also acknowledge and accept the risks and dangers that come with choosing to participate in studio activities during the COVID-19 pandemic, including exposure, illness, injury, or death. I understand that adhering to the studio's protocols and guidelines will significantly reduce these risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Studio 360 from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity, including my voluntary participation during the COVID-19 pandemic, or my use of Studio 360’s equipment or facilities, including any such claims which allege negligent acts or omissions of Studio 360.
4. Should Studio 360 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 conditions I may have.
6. In the event that I file a lawsuit against Studio 360, I agree to do so solely in the state of New York, and I further agree that the substantive law of New York 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 or accepting 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 Studio 360 on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at Studio 360. 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