In consideration of the risks inherent in participating in aerial activities (hereinafter the “Activity”), and in consideration of my desire to participate in the Activity, I, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively “Releasor,” “I,” or “me,” including my parents or guardian if under 18), knowingly and voluntarily enter into this Waiver and Release of Liability and agree to the following terms:
1. Assumption of Risk
I acknowledge that participation in the Activity involves inherent risks, which may include, but are not limited to:
- Physical or psychological injury
- Pain, suffering, illness, or disfigurement
- Temporary or permanent disability (including paralysis)
- Economic or emotional loss
- Death
I understand that these risks may arise from my own actions, the actions of others, travel to and from the Activity, or conditions at the Activity location. I voluntarily assume all known and unknown risks associated with participation.
2. Release of Liability
I hereby release and forever discharge Open Air Aerial Yoga LLC, located at 18502 Beach Blvd, Unit 112, Huntington Beach, California 92648, and all its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”), from any and all claims, liabilities, causes of action, or damages arising from my participation in the Activity, including claims arising from ordinary negligence to the fullest extent allowed by law.
3. Indemnification
I agree to indemnify, defend, and hold harmless the Releasees against any and all claims, suits, or actions of any kind, including attorney’s fees and costs, brought by me or anyone on my behalf arising out of my participation in the Activity.
4. Medical Care
In the event I require medical care or treatment, I authorize Releasees to provide emergency care as deemed necessary, including first aid, CPR, AED use, emergency transport, and sharing of medical information with medical personnel. I accept full financial responsibility for any medical costs incurred and acknowledge that I should carry my own health insurance.
5. Eligibility & Conduct
I confirm that:
- I am medically able and properly trained to participate in the Activity.
- I will follow all instructions and abide by the decisions of Open Air Aerial Yoga LLC officials regarding my participation.
- I understand that the Activity may test physical and mental limits and may result in serious injury or property loss.
6. Equipment & Property
I agree to be financially responsible for any damage to equipment or facilities resulting from my own, my family’s, or my agent’s willful actions, neglect, or recklessness.
7. Governing Law & Interpretation
This waiver and release is governed by the laws of California, without regard to conflict of law principles.
If any provision is found invalid or unenforceable, the remainder shall remain in full force and effect. Any provision that can be limited to make it enforceable shall be construed and enforced as so limited.
This agreement represents the full understanding between the parties and supersedes any prior agreements or promises. It is entered voluntarily, at arm’s length, without duress, and is clear and unambiguous in its terms.
8. Final Acknowledgment
I acknowledge that I have read this Waiver and Release of Liability in full, understand its terms, and agree to participate in the Activity entirely at my own risk.
BY PURCHASING A TICKET, OR ATTENDING AN EVENT, I CONFIRM MY AGREEMENT TO THE ABOVE TERMS IN FULL.