In consideration of the services of Aerial Fit 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 "AF"), I hereby agree to release, indemnify, and discharge AF, 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, trapeze, yoga and other various 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 risks include, among other things: slips and falls; falling from equipment; rope 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 raise the possibility of any manner of transportation accidents. In any event, if your child is injured, your child may require medical assistance, at your own expense.

Furthermore, AF 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 AF 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 AF 's equipment or facilities, including any such claims which allege negligent acts or omissions of AF.
4. Should AF 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 AF, I agree to do so solely in the state of South Carolina, 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 AF 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.

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)

In consideration of participant under 18 years of age ("Minor") being permitted by Aerial Fit to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Aerial Fit 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.

In consideration of the services provided by the facility Aerial Fit LLC, their agents, owners, officers, volunteers, participants, employees, independent contractors, volunteers, interns, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Releasees"), 

1. I represent that I am in good health and have had no known exposure to COVID and no symptoms of COVID, including but not limited to cough, fever, shortness of breath, chills, headache, sore throat, muscle pain, new loss of taste of smell, for the CDC recommended quarantine time prior to attending the facility. https://www.cdc.gov/ I acknowledge that if I believe I have had any exposure to COVID, I will immediately cease attendance at the facility until I can again warrant that I have had no known exposure for the CDC recommended quarantine time and alert the facility if I have been on the premises since my exposure.
2. The facility is making its best efforts to reduce the risk of transmission of COVID. But the safety of the community is in the hands of every one of us. I expressly agree and promise to abide by the posted safety precautions.
3. I am aware that training during and after the COVID pandemic involves certain inherent risks, dangers and hazards, which can result in serious infection, personal injury or death. I further acknowledge, understand, appreciate, and agree that my participation may result in possible exposure to and illness from COVID. While protocols and personal discipline may reduce this risk, the risk of serious injury, illness, and even death is not possible to fully mitigate. 
4. I hereby freely agree, to assume and accept all known and unknown risks of exposure to COVID, even arising from the negligence of the releasees or others and assume full responsibility for my participation. I further recognize and acknowledge that the risks inherent in training can be greatly reduced by abiding by Aerial Fit’s posted safety precautions.
5. I hereby waive, release, and discharge all claims that I have or may have in the future, and covenant not to sue your business, its administrators, directors, agents, officers, volunteers, employees, contractors, other participants, any sponsors, advertisers, owners, and leassor of the premises on which the activity takes place (each considered one of the "releasees" herein) from all liability, claims, demands, losses, damages, on my account caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise, including negligent rescue operations. 
6. I further agree that if, despite this release, waiver of liability, and assumption of risk, I or anyone on my behalf makes a claim against any of the releasees, I will indemnify, defend, and hold harmless each of the releasees from any loss, liability, damage, or cost, including attorneys' fees, which any of the aforementioned may incur as a result of such a claim. 
7. I accept for use as-is the equipment to be used in activities governed by this agreement. 
8. I have read this Agreement and I fully understand its terms. I understand that I am giving up substantial rights, including my right to sue the facility and its staff for injuries resulting from the inherent risks of training during and after the COVID pandemic, and the ordinary negligence of the facility and staff. I further acknowledge that I am signing this agreement freely and voluntarily, without inducement or assurance of any nature, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the laws of the state of South Carolina.
9. Governing Law, forum, and consent to jurisdiction​. This Agreement, and all claims or causes of action (whether in contract, tort ​or statute)​ that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, ​and enforced in accordance with​, the internal laws of the State of South Carolina, ​including its statutes of limitations and without regard to its choice of law principles. ​The undersigned herein irrevocably consents to the jurisdiction of the courts in South Carolina, which shall be the sole forum for the resolution of any disputes that arise out of or relate to the parties' relationship. 
10. This Agreement may not be changed orally, and no modification, amendment or waiver of any provision contained in this Agreement, or any future representation, promise or condition in connection with the subject matter of this Agreement shall be binding upon any party hereto unless made in writing and signed by both parties. 
11. In order to participate in classes or other events at the facility, the undersigned accepts the entire agreement. No written modification or strike-out of the originally typed agreement shall be effective unless signed by both parties. 
12. I agree that if any portion of this Agreement is held to be invalid, that portion shall be severable, and the remaining agreement shall continue to have full force and effect. 
13. In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, estate, next of kin, executors, administrators, assigns and representatives.

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)

In consideration of participant under 18 years of age ("Minor") being permitted by Aerial Fit to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Aerial Fit 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.

I will allow Aerial Fit® the right and permission to publish, without charge, photographs and video taken during Aerial Fit® classes, lessons, performances, and online classes.

The photographs and video footage may be used in electronic and print publications, promotional literature and advertising, and other media.

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)

In consideration of participant under 18 years of age ("Minor") being permitted by Aerial Fit to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Aerial Fit 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.