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Disclaimer

Disclaimer

RELEASE OF LIABILITY FOR ‘MASTER THE SILKS’ AND/OR ‘THE BUSY BENDY AERIALIST’ BY WOMACK AND BOWMAN, LLC

In consideration for my participation in ‘Master the Silks’ Aerial Silks instructional videos, and ‘The Busy Bendy Aerialist’ flexibility for aerialists instruction videos (hereinafter the “Activity”), and in consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Womack and Bowman LLC, located at 1804b Flower Street Glendale CA 91201, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct or indirect result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

  1. STANDARD TERMS AND ACKNOWLEDGEMENTS

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

I agree to indemnify and hold harmless Womack and Bowman LLC, and/or their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns.

against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Womack and Bowman LLC incurs any of these types of expenses, I agree to reimburse Womack and Bowman LLC and/or their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns.

I acknowledge that Womack and Bowman LLC and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Womack and Bowman LLC.

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Womack and Bowman LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS,

REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Womack and Bowman LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Womack and Bowman LLC, and its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, or the willful actions, neglect or recklessness of anyone associated with me, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

By purchasing this course ‘Master the Silks’ and/or ‘The Busy Bendy Aerialist’ I affirm that I am of the age of 18 years or older. By purchasing the course ‘Master the Silks’ I affirm that I am an advanced aerial student. I further certify the following: that I have read this agreement, that I fully understand the content of this agreement, that this release cannot be modified orally, and that I am aware that this is a release of liability and a contract that I am agreeing to of my own free will.

‘Master the Silks’: By purchasing this course ‘Master the Silks’ I acknowledge that this course is intended for advanced Aerial students only. I also acknowledge and affirm that as an advanced aerial student I will take all reasonable precautions in engaging in the activities depicted in this course including, but not limited to: ensuring all aerial equipment is rigged correctly, utilizing a crash mat while attempting any aerial exercises, and properly stretching and warming up before attempting any exercises. I further acknowledge that this course is not intended to be attempted alone, and affirm that I will ensure that another competent person will be within a reasonable proximity to me when I am attempting any exercises depicted in this course. I further acknowledge, and affirm that I am an advanced aerial student, and am reasonably able to determine my own limitations and take reasonable precautions when attempting aerial exercises. I acknowledge, affirm, and agree that any failure to engage in reasonable safety precautions shall constitute negligence on my part and EXPRESSLY AGREE TO RELEASE AND DISCHARGE Womack and Bowman LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Womack and Bowman LLC, OR ITS AGENTS, OR EMPLOYEES FOR MY OWN NEGLIGENCE.

‘The Busy Bendy Aerialist’: By purchasing this course ‘The Busy Bendy Aerialist’ I acknowledge that this course is intended for intermediate or advanced Aerial or flexibility students only. I also acknowledge and affirm that as an intermediate or advanced Aerial or flexibility student I will take all reasonable precautions in engaging in the activities depicted in this course including, but not limited to: ensuring all aerial equipment is rigged correctly, utilizing a crash mat while attempting any aerial exercises, and properly stretching and warming up before attempting any exercises. I acknowledge that I will take reasonable precautions in undertaking these and any other flexibility exercises. I acknowledge that I understand that every body is different and may take to flexibility differently, and will take reasonable precautions including stopping or modifying exercises if I experience pain. I further certify that if I have any preexisting injuries or conditions that may interfere with my flexibility that I will consult with a physician before proceeding with this course. I further acknowledge that this course is not intended to be attempted alone, and affirm that I will ensure that another competent person will be within a reasonable proximity to me when I am attempting any exercises depicted in this course. I further acknowledge, and affirm that I am an intermediate or advanced Aerial or flexibility student, and am reasonably able to determine my own limitations and take reasonable precautions when attempting aerial or flexibility exercises. I acknowledge, affirm, and agree that any failure to engage in reasonable safety precautions shall constitute negligence on my part and EXPRESSLY AGREE TO RELEASE AND DISCHARGE Womack and Bowman LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Womack and Bowman LLC, OR ITS AGENTS, OR EMPLOYEES FOR MY OWN NEGLIGENCE.

By purchasing this course ‘Master the Silks’ and/or ‘The Busy Bendy Aerialist’ I acknowledge that these courses are wholly owned and distributed by Womack and Bowman LLC. I further acknowledge that the course/courses I have purchased are intended to be used by myself and myself only. I hereby agree not to distribute, release, copy, upload, or otherwise share these courses or any other course distributed by Womack and Bowman LLC with any other individuals, groups, or among other distribution platforms. I understand that if I do share this course with other persons, I undertake all legal responsibility for those persons and I agree to indemnify and hold harmless Womack and Bowman LLC, and/or their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by those persons or anyone on their behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by those persons or by anyone else acting on my behalf. Moreover, if Womack and Bowman LLC incurs any of these types of expenses, I agree to reimburse Womack and Bowman LLC, and/or their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns.

  1. MISCELLANEOUS PROVISIONS

No Presumption. This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Womack and Bowman LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In construing this Agreement, no consideration shall be given to the fact or presumption that any party had a greater or lesser hand in drafting it.

Governing Law. This Agreement is executed in and intended to be performed in the State of California and the laws of that state shall govern its interpretation and effect. To the extent that persons residing outside the state of California have purchased the Activity, they affirm that by doing so they have purposefully availed themselves of the benefits of doing business in the state of California and agree to be bound by the laws of that state.

Severability. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

  • AFFIRMATION

By downloading, or otherwise obtaining the ‘Master the Silks’ and/or ‘The Busy Bendy Aerialist’ videos and participating in the Activity I hereby agree and affirm that I have read this waiver, and agree and consent to be bound by all provisions contained in this waiver.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

By purchasing this course ‘Master the Silks’ and/or ‘The Busy Bendy Aerialist’ I affirm that I am of the age of 18 years or older. I further certify the following: that I have read this agreement, that I fully understand the content of this agreement, that this release cannot be modified orally, and that I am aware that this is a release of liability and a contract that I am agreeing to of my own free will.