Buffalo Aerial Dance

In consideration of the services of Buffalo Aerial Dance LLC, Metts Dance, Inc., Flips Gymnastics, and Dynamic Training, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Buffalo Aerial Dance (hereinafter referred to as B.A.D.) and Metts Dance, Flips Gymnastics, and Dynamic Training, on behalf of myself, my spouse, my children, my parents, my heirs, personal representative and estate as follows:

1. I acknowledge that my participation in trapeze, aerial arts, dance training, gymnastics training and instruction 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, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, 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 child is injured, you or your child may require medical assistance, at your own expense.

Furthermore, employees of B.A.D., Metts Dance, Flips Gymnastics, and Dynamic Training have difficult jobs to perform. They seek safety, but they are not infallible. They might have inaccurate or incomplete information about a participant's fitness or abilities. They might misjudge environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might behave unpredictably.

2.  I represent that I am in good health and have had no known exposure to COVID-19 or any other infectious disease.  I have had no symptoms of COVID-19, including cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, loss of taste or smell, diarrhea, or feeling feverish or a measured temperature greater than 99.6 degrees, for 14 days prior to attending the facility. I acknowledge that if I believe I have had any exposure to COVID-19, I will immediately cease attendance at the facility until I can again warrant that I have had no known exposure for the 14 day period and alert the facility if I have been on the premises since my exposure.

• Maintaining a minimum of 6 feet distance from other participants and staff
• Washing my hands thoroughly before and after my training session
• Doing my best to not touch my eyes, nose, mouth, or other parts of my face
• Wearing a mask securely over my nose and mouth as instructed by studio guidelines at the time
• Not coming to the studio if I experience any symptoms consistent with COVID-19, or have had a recent known or suspected exposure to a person with COVID-19

3. 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.

4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless B.A.D. and Metts Dance, Flips Gymnastics, and Dynamic Training 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 B.A.D. and Metts Dance, Flips Gymnastics, and Dynamic Training's equipment or facilities, including any such claims which alleged or negligent acts or omissions of B.A.D. and Metts Dance, Flips Gymnastics, and Dynamic Training.

5. Should B.A.D, Metts Dance, Flips Gymnastics, or Dynamic Training 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.

6. 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.

7. In the event that I file a lawsuit against B.A.D, Metts Dance, Flips Gymnastics, or Dynamic Training, I agree to do so solely in the state of New York, 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 B.A.D., Metts Dance, Flips Gymnastics, or Dynamic Training 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

( for participants under the age of 18)

In consideration of ("Minor") being permitted by B.A.D., Metts Dance, Inc., Flips Gymnastics, and Dynamic Training to participate in its activities and to use their equipment and facilities, I further agree to indemnify and hold harmless B.A.D.,  Metts Dance, Inc., Flips Gymnastics, and Dynamic Training 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.