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Event / Party Waiver

Hello and welcome to The Artz! We are excited to have you and can't wait to get started. Before we do, please look over this form and fill it out in its entirety. 

What Program(s) are you registering for
Do you or your child(ren) have any aerial experience?
Have you been to The Artz for any other activity
I understand that my child may come in contact with or touch other children throughout the event/class even though social distancing will be enforced.
I understand that my child may need to be touched by an instructor if he/she gets stuck and cannot get out of a position.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

 

The Artistic Realm of Talentz (The Artz) has put in place preventative measures to reduce the spread of COVID-19; however, The Artz cannot guarantee that you, your child(ren), or the participating parties will not become infected with COVID-19. Further, attending The Artz could increase your risk, your child(ren)’s risk or the participating parties risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren), the participating party and  I may be exposed to or infected by COVID-19 by attending The Artz and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at The Artz may result from the actions, omissions, or negligence of myself and others, including, but not limited to, The Artz employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), the participating parties or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, the participating party or my child(ren) may experience or incur in connection with my child(ren)’s attendance at The Artz or participation in our programming (“Claims”). On my behalf, on behalf of the participating parties and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless The Artz, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The Artz, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any program.

WAIVER, TERMS, AND CONDITIONS

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CUSTOMER RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY, BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS

    This Assumption of Risk, Waiver of Liability, and Indemnification Agreement (Agreement) is entered into on the date this Agreement is executed by the Adult Participant as identified by typed name/signature below, and if any minor(s) is/are named below, the Adult Participant on behalf of and as parent or legal guardian for such Child Participant(s) as identified below in favor of Cre8ting Your Imagination, LLC (The Artz).  Collectively and severally, the Adult participant(s) and Child participant(s), their heirs, successors, and assigns are hereinafter referred to as the Participant.  In consideration of The Artz permitting Participant to enter the Premises and participate in the Activities, as defined below, including any of those Activities that may occur in, about, or near 1824 Spring Street, Suite 124, Houston, TX 77007 (Premises) or any other premises owned or operated by The Artz wherever located, Participant agrees as follows:

  1. Nature of the Activities.  The Artz is aerial arts facility, which offers Participants the opportunity to participate actively or passively, in aerial activities focusing on a circus vision, including, but not limited to, jumping, dodgeball, tumbling, aerobics, ninja warrior course, soft play, ropes, fabric, lyra, trapeze, Chinese pole, hammock, straps, aerial net, wall running, diablo, juggling, stilts, slackline, hula hoops, triple trapeze, aerial cube, aerial rings, rope bridge, climbing wall, swinging, contortion, exercising and other miscellaneous aerial and circus activities, use of any equipment or attractions, instruction, training, classes, observation, use of the backroom area, use of the lobby area, use of any portion of the Premises, including, but not limited to, the associated sidewalks, hallways and parking lots, and any competition, event, or program sponsored by or affiliated with the Protected Parties as defined below in Section 5 of this Agreement, (collectively, “Activities”).  These activities can help produce many benefits, including pleasure, improved physical fitness, more attractive appearance, more energy, greater enjoyment of life, and many health benefits.  Participants acknowledge that aerial and circus activities are active and vigorous and consequently, involve some risks of injury that are inherent to the activity.  Even though The Artz (a) has designed the facility with safety in mind, (b) provides instruction in most Activities, (c) provides general supervision of most Activities, and (d) has developed rules and policies that focus on safety, it is impossible to eliminate all risk and possibility of injury. 

  2. Types of Risks.  By signing below, Participant acknowledges there are inherent risks in participating in the Activities, including, but not limited to, cuts, bruises, muscle strain, twisted or sprained ankles, knees, shoulders, or wrists, burns, dirt or other materials in eye, concussions, broken bones, physical or emotional injuries, paralysis, death, disability or other injury or damage to Participant, property or to third persons.  Inherent risks involved in participation in the Activities include landing wrong, over-exertion, failure of the apparatus or attachments, being hit by a ball, rope, bar, hoop, or other apparatus, collisions with other participants, collisions with standards and supports; tumbling, using improper form or technique; over-exertion, muscle strains, erratic co-participant behavior, slipping, falling, tripping, equipment failure, and error of judgment by staff members. Due to the nature of the Activities, there are more hazards and risks than the foregoing risks, and there are also unknown and unforeseeable hazards.  By signing below, Participant(s) acknowledges the inherent risks of the Activities and no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with the Activities.

  3. Types of Injuries.  It is important that the Participants understand the types of injuries that can typically occur when participating in the Activities.  First is a common minor injury.  This type includes, but is not limited to, muscle strains and sprains, bruises, abrasions, and contusions.  The second type of injury is a serious injury.  Examples of serious injuries are broken bones, ligament, and joint injuries, concussions, and eye injuries.  These are rare but do occasionally occur.  The third type of injury is a catastrophic injury.  Some examples of catastrophic injuries are brain injury, paralysis, heart attack, and death.  Participant on his/her own behalf and as the parent or legal guardian of the Child Participant(s), acknowledges that he/she is aware of and voluntarily assumes all such risks.  

  4. Assumption of Risks. 

    1. Participant acknowledges on his/her own behalf and the Child Participant(s) that Participant(s) has read this Agreement in its entirety, acknowledges the Activities contain inherent risks, which vary with the activity, understands the demands of the Activities relative to Participant’s physical condition and skill level, appreciates the types of injuries that may occur as a result of the Activities and their potential impact on Participant’s safety, well-being, and lifestyle, and asserts that participation is voluntary.  PARTICIPANT AFFIRMS AND REPRESENTS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND ALL PARTICIPANTS KNOWINGLY, WITH UNDERSTANDING OF THE INHERENT RISKS AND POTENTIAL INJURIES ASSUME ALL RISKS INHERENT WITH THE ACTIVITIES.  BY SIGNING BELOW, PARTICIPANT ACKNOWLEDGES THAT THE PROTECTED PARTIES (AS DEFINED BELOW) WILL NOT HAVE ANY RESPONSIBILITY FOR ANY INJURY TO PARTICIPANT OR PAY FOR ANY COST OR EXPENSES INCURRED BY PARTICIPANT IF PARTICIPANT IS INJURED.   

    2. Participant(s) agrees to exercise ordinary and reasonable care and to not consume alcohol to the extent Participant’s judgment is impaired. Participant(s) understands the potential risks associated with the consumption of alcohol and acknowledges Participant does not have and is not aware of any medical condition that would result in any injury or damage to Participant(s) because of Participant(s) consumption of alcohol.  Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety, and welfare.  NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY FEES PAID BY PARTICIPANT FOR ENTRY INTO THE PREMISES, OR ANY REPRESENTATIONS MADE BY ANY EMPLOYEES, IN ABSOLUTELY NO EVENT WILL PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES ONCE THE PARTICIPANT HAS CONSUMED ANY ALCOHOL.  THIS PROHIBITION WILL NOT BE WAIVED.

  5. Release of Claims.  In full appreciation of the foregoing risks, and in consideration for the right to use, access and enjoy the Premises and voluntarily participate in the Activities, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT (AND ON BEHALF OF ANY CHILD PARTICIPANT AND HIS/HER HEIRS, EXECUTORS AND REPRESENTATIVES) RELEASES AND AGREES NOT TO SUE THE ARTZ, CRE8TIVE INTERPRETATION, LLC, CRE8TING YOUR IMAGINATION, LLC., THE LEGAL OWNER OF THE PREMISES, THE ARTZ’S LANDLORD (“LANDLORD”), LANDLORD’S MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR AFFILIATES OR SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT PROVIDERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, THE “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OR OTHER COSTS)  RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY BODILY INJURY TO, DISABILITY, OR DEATH OF PARTICIPANT OR DAMAGE TO OR LOSS OF PARTICIPANT'S PROPERTY (A) THAT MAY ARISE IN CONNECTION WITH PARTICIPANT’S USE OF THE PREMISES AND/OR DURING OR RELATING TO PARTICIPANT'S PARTICIPATION, WHETHER ACTIVELY OR PASSIVELY, IN THE ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, GENERAL JUMPING, DODGEBALL, TUMBLING, AEROBICS, NINJA WARRIOR COURSE, SOFT PLAY, ROPES, FABRIC, LYRA, TRAPEZE,CHINESE POLE, HAMMOCKS, STRAPS, AERIAL NET, WALLRUNNING, DIABLO, JUGGLING, STILTS, SLACKLING, HULA HOOPS, TRIPLE TRAPEZE, AERIAL CUBE, AERIAL RINGS, ROPE BRIDGE, CLIMBING WALL, SWINGING, CONTORTION, EXERCISING AND OTHER MISCELLANEOUS AERIAL AND CIRCUS ACTIVITIES, USE OF ANY EQUIPMENT OR ATTRACTIONS, INSTRUCTION, TRAINING, CLASSES, OBSERVATION, USE OF THE BACK ROOM AREA, USE OF ANY PORTION OF THE PREMISES, INCLUDING, BUT NOT LIMITED TO, THE ASSOCIATED SIDEWALKS, HALLWAYS, AND PARKING LOTS, AND ANY COMPETITION, EVENT, OR PROGRAM SPONSORED BY OR AFFILIATED WITH THE PROTECTED PARTIES, (B) OCCURRING IN OR ABOUT THE PREMISES WHERE ANY OF THE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, OR IN TRANSPORTATION TO AND FROM ANY OF THE ACTIVITIES, (C) RESULTING IN PERSONAL INJURY, INCLUDING MINOR INJURY, SERIOUS INJURY, OR CATASTROPHIC INJURY AS DESCRIBED ABOVE IN SECTION 3 OF THIS AGREEMENT ARISING FROM, GROWING OUT OF, OR CAUSED DIRECTLY OR INDIRECTLY BY THE NEGLIGENT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OR STRICT LIABILITY OF THE PROTECTED PARTIES, (D) RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PERSONAL PROPERTY OF PARTICIPANT REGARDLESS OF WHETHER DUE TO THE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES, (E) RESULTING FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF THE ARTZ.  THE RELEASE CONTAINED IN THIS PARAGRAPH, INCLUDING ALL SUBPARTS, SHALL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT.

  6. Indemnity.  ADULT PARTICIPANT, ON BEHALF OF ADULT PARTICIPANT AND HIS/HER HEIRS, ASSIGNS, EXECUT