In consideration for permitting Participant to participate and/or attend (“participate”) in any and all aerial art, aerial silks, circus arts, trapeze, lyra, aerial dance, aerial yoga, Pilates, acrobatic training, instruction activities (collectively “Activities”) and wellness related activities at the UM Premises, I hereby understand that the Activities can be physically dangerous to my person, third parties and property and agree:
Assumption of Risk:
Participant hereby acknowledges and agrees that Participant is in good health, has not been advised against such Activities by a healthcare professional, sufficiently trained and experienced enough to understand the risks involved in participating in the Activities, and in proper physical and mental condition and not under the influence of alcohol or any illicit or prescription drugs that may in any way impair Participant to safely participate in the Activities. Activities may be physically rigorous and Participant warrants he/she possesses the sufficient level of skill and physical fitness for safe participation in the Activities. Participant further acknowledges and agrees that there are certain inherent risks and dangers associated with the Activities that could result in physical, psychological, or emotional injury, paralysis, death, or damage to Participant or third parties, and that, except as expressly set forth herein, Participant, knowingly and voluntarily accepts and assumes responsibility for each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s participation in the Activities. Such risks and injuries may include, and are not limited to: slip and fall, collisions, falling off equipment, unexpected failure of equipment, over-exertion, failed attempted jumps/stunts, sustaining lacerations or contracting any illnesses from contact with equipment, other participants and/or flooring surfaces; negligent acts or omissions of other participants; defects in the UM Premises; improper or inadequate instruction or supervision regarding the Activities or use of the UM Premises; behavior of other participants; first Aid, emergency treatment/services rendered or failed to be rendered; and rope burns, pinches, twists, jolts, scratches, cuts, bruises, sprains, scrapes, contusions, lacerations, broken bones, eye injuries, torn ligaments, joint injuries, internal injuries, brain injuries and concussions, permanent or partial disabilities, head injuries, back injuries, neck injuries, injuries to internal organs, paralysis, heart attack, and death.
Participant’s participation in the Activities constitutes an acknowledgment that all equipment, including, but not limited to, the aerial apparatus and rigging hardware, has been inspected and carefully considered and that Participant accepts the same as being safe and reasonably suited for the purpose of such participation.
Release and Waiver:
Participant hereby RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE Uplift Maui LLC and Shift Mind Body, Four Seasons Resorts, or any subsidiaries, heirs or assignees thereof, and each of them, their members, owners, principals, directors, officers, employees, insurers, agents, volunteers, and any and all other persons and entities acting in any capacity on its behalf (collectively, the “Releasees”), from and for any and all liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused, arising from, or in any way related to, Participant’s participation in the Activities, except for those caused by the willful misconduct, gross negligence or intentional torts of the Releasees, as applicable. Participant further RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE Releasees on behalf of Participant’s spouse, legal partner, children, parents, guardians, heirs, descendants, assigns, next of kin, personal representatives and estate, and all other persons and entities from any and all damages, actions, causes of action, demands, rights, claims, costs, loss of services, expenses, injuries and compensation whatsoever which the Participant now has or which may hereafter accrue on account of or in any way arising out of the participation in the Activities or the presence or access of Participant to the UM Premises.
Indemnification and Hold Harmless:
Participant also hereby agrees to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in the Activities, except for those arising out of the willful misconduct, gross negligence or intentional torts of the Releasees, as applicable.
Term and Expiration:
This Agreement shall be effective as of the date this Agreement is signed and shall remain in effect until the date of Participant’s final day of participation. The provisions of this Agreement will continue in full force and effect even after the termination of the Activities conducted on the UM Premises, whether by agreement, by operation of law, or otherwise.
Removal:
Participant agrees at all times while participating in the Activities, to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices. Participant understands and agrees that he/she may be removed from or restricted from participation in the Activities at any time if: (i) Participant’s behavior at the Activities, in the sole discretion of Releasees, is deemed at any point to be disruptive or combative, or may or does cause damage to any person, property or the UM Premises; or (ii) for any other lawful reason.
Permission to Use Likeness/Name:
Participant hereby irrevocably grants to Uplift Maui, LLC, its subsidiaries, affiliates, successors, assigns and anyone acting under the authority or permission of any of them (collectively described as “Uplift and Affiliates”), a right to Participant’s portrait, picture, likeness, or voice or any or all of them in a recording, television production, videotape production, film strip, still photograph, social media post (i.e. Facebook, Instagram, YouTube, Twitter), online video and/or video clip, or otherwise, (all individually and collectively referred to as “Media”) without compensation, as it relates to the Activities. Participant hereby grants to Uplift and Affiliates the right to make originals of, copyright, use and reproduce any and all Media for any lawful purpose, in any form or manner including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the UM Premises, by all means now known or hereafter devised throughout the world. Furthermore, Participant hereby consents to the Media being used, in whole or in part, distorted in character or form in conjunction with Participant’s own name or fictitious name. Participant hereby irrevocably waives all right of inspection or approval and agrees that such Media and all reproductions thereof, including, but not limited to plates, negatives or other exposed film connected therewith, are and shall remain the property of Uplift and Affiliates.
Severability:
Participant expressly agrees that the foregoing Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Hawaii, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Consent to Medical Care:
If Participant is injured or becomes ill while participating in any Activities, Participant consents to receive any medical treatment necessary and acknowledges and agrees that Releasees are under no legal obligation to render assistance to Participant and any medical assistance provided to Participant shall be at Participant’s expense.
Acknowledgment of Understanding:
Participant has read, understands and fully agrees to the terms of this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement and that this Agreement supersedes any prior written or oral agreements concerning the subject matter. Participant understands and confirms that by signing this Agreement, Participant has given up considerable future legal rights that Participant may otherwise have to recover damages for injuries or losses. Participant has signed this Agreement freely, voluntarily, under no duress or threat of duress, and without inducement, promise or guarantee being communicated to.
