TERMS & CONDITIONS

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK 

In consideration of the services of Charles & Sherri Mann d/b/a Embrace Adrenaline & Flying Colors, their agents, officers, volunteers, employees, and all other persons or entities acting in any capacity on behalf (hereinafter collectively referred to as "EA&FC"), I hereby agree to release, indemnify, and discharge EA&FC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 

1. I acknowledge that my participation in aerial arts training and instruction – flying trapeze, static trapeze, silks, web, lyra, globe, low wire, acro hand balancing, hammock, tumbling, unicycle, bicycle, pole arts, cyr wheel and outside trampoline activities 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; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; transmissible pathogen or disease; the negligence of other participants or persons who may be present; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Trampolines entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Participants can suffer more serious injuries as well. Traveling to and from trampoline locations will raise the possibility of any manner of transportation accidents. Participants often fall on each other resulting in broken bones and other serious injuries. Double bouncing, more than one person per trampoline can create a rebound effect causing serious injury. Flipping and running and bouncing off the walls is dangerous and can cause serious injury and must be done at the participants own risk. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense. 

Furthermore, EA&FC personnel have a difficult job to perform. They seek safety but are not infallible. They might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 

2. 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. 

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless EA&FC 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 EA&FC's equipment or facilities, including any such claims which allege negligent acts or omissions of EA&FC. 

4. Should EA&FC or anyone acting on her 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. 

5. 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. 

6. In the event that I file a lawsuit against EA&FC, I agree to do so solely in the state of Minnesota, 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 EA&FC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at EA&FC. 

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  INDEMNIFICATION:

If the registrant is a minor, then in consideration of the registered minor, the registrant is being permitted by EA&FC to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless EA&FC from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).

This agreement is deemed signed when the party checks the box and accepts the Terms and Conditions, and is delivered by email or other electronic medium. This check or electronic signature shall be treated in all respects as having the same force and effect as original signatures.

Beach and Water Sports Waiver:

I understand that there is a beach and lakefront on the property, and that every camp included beach and lake time, and that by signing here, I am granting my permission for my child or I to utilize the beach/ lake and taking full responsibility for this use. If I or my child decides to participate in any water activities including swimming, wake-surfing, water-skiing, paddle boarding, canoeing, kayaking, wading, flotation device, riding on a towable tube, riding on a boat, or playing on the slip and slide, I do so at my own risk. I understand that EA & FC will do everything in their power to keep me/ my child safe, but there are inherent risks in the use of the beach/lake which I take full responsibility for. By signing I am giving permission for all lake and beach use stated above and taking full responsibility for myself and any minor children.

This agreement is deemed signed when the party checks the box and accepts the Terms and Conditions, and is delivered by email or other electronic medium. This check or electronic signature shall be treated in all respects as having the same force and effect as original signatures.

EQUINE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

I hereby enter into this agreement in consideration of my / ability and permission to ride OR use any Horse owned by Veronica Painter of Horsemanship Unlocked

IMPORTANT NOTICE BY SIGNING THIS AGREEMENT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOUR RIDING OR USE OF THE OWNER’S HORSE AND/OR PARTICIPATION IN EQUINE ACTIVITIES BY VERONICA PAINTER INCLUDING INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF THE NEGLIGENCE OF YOU OR VERONICA PAINTER

READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. 

By signing this form, I hereby acknowledge on behalf of myself that I have familiarized myself with the activities that I will be allowed to participate in, and that I do hereby acknowledge and agree that I will participate in these activities without restriction or limitation. I recognize the inherent risks involved in riding and working with horses, including but not limited to:

Bites, kicks, abrasions or contusions from horses.

Being thrown or bucked off by horses.

Scratches or other injury from stalls or enclosures.

Scratches or other injury from grooming tools and other equine equipment and tack.

Allergic reactions to animals, hay, or other allergens.

Tripping in holes or on materials or equipment.

Slipping, falling, or otherwise being injured in the barn, in stalls, or on the grounds, which can be slippery, muddy, wet, or contain or present other hazards.

I hereby specifically forever waive and release Veronica Painter and its principals and agents from any liability for injury arising out of the inherent risks from riding, working or participating in a stable environment and/or with horses, as well as from the active negligence of Veronica Painter its principals and agents.

By signing this agreement I hereby acknowledge that although there may be supervision during my time spent with Veronica Painter, there will not be a nurse on the premises and Veronica Painter and its principals and agents bear no responsibility for my health or medical care. I agree to indemnify, save and hold harmless Veronica Painter and its principals and agents from and against any loss, liability, damage, attorneys’ fees, or costs that they may incur arising out of or in any way connected with either my presence or participation with Horsemanship Unlocked or any acts or omissions of Veronica Painter principals or agents.

By signing this Agreement, and by initialing the paragraph below, I hereby acknowledge my complete understanding, agreement and consent to my presence and/or participation in the activities with Veronica Painter, without restriction, without liability to Veronica Painter its principals or agents, and with full knowledge and understanding of the disclosures, waivers, and releases herein.

If I am present at and participate in the activities of Horsemanship Unlocked I do so at my own risk, and I hereby acknowledge and agree that Veronica Painter and/or any of its principals and agents shall bear no responsibility or risk associated with injuries that could arise from my presence or participation with Veronica Painter.

This agreement is deemed signed when the party checks the box and accepts the Terms and Conditions, and is delivered by email or other electronic medium. This check or electronic signature shall be treated in all respects as having the same force and effect as original signatures.

Cancellation & Refund Policy:

We understand that many families plan camp participation well in advance of the date and make additional plans around these camps. We also know that it is impossible to foresee when it is necessary to make a schedule change. It is for this reason that Flying Colors Trapeze makes the commitment to you and your family to move forward with camps regardless of the number of registrants - no group is too small. It will always be fun and rewarding for our campers!

Additionally, our goal is to assist you in your dream to fly- literally and figuratively. To guarantee the long term viability and financial health of Flying Colors Trapeze we have created the following options in our Cancelation & Refund Policy.

Cancellation from purchase to 2 weeks before the start date of camp- 80% refund or a credit equal to 90% of camp cost toward future camp. 

Cancellation from 2 weeks before camp to start date- 80% toward future camp.

This agreement is deemed signed when the party checks the box and accepts the Terms and Conditions, and is delivered by email or other electronic medium. This check or electronic signature shall be treated in all respects as having the same force and effect as original signatures.