In consideration of Trenton Civil Circus Project, doing business as Trenton Circus Squad and all other persons or entities acting in any capacity by, through, under or on its behalf (hereinafter collectively referred to as “TCS”) I hereby agree to release, indemnify and discharge TCS 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 activities utilizing unicycles, stilts, rolling globes, mini-tramp, aerial equipment and involving lifting and being lifted by others entails known and unanticipated risks that could result in physical or emotional injury or death. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. 2. The risks include, among other things: the hazards of slips and falls; being struck by objects dislodged or dropped from above; the risks of falling off the equipment; the risks of landing improperly on a safety mat; my own physical condition and the physical exertion associated with this activity. 3. 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. 4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TCS 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 TCS’s equipment or facilities, including any such claims with allege negligent acts or omissions of TCS. 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. Should TCS or anyone acting on their behalf be required to incur reasonable attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 7. Notwithstanding anything to the contrary herein, in the event that I file a lawsuit against TCS, I agree to do so solely in the state of New Jersey and I further agree that the substantive law of New Jersey shall apply in that action with out 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. 8. By signing this document, I acknowledge that if anyone is hurt, or property is damaged or lost during my participation in this activity, I waive my right to maintain a lawsuit against TCS on the basis of any claim from which I have released them herein. 9. MEDIA RELEASE: I give permission for the image and voice of the performer named above to be used by the Trenton Circus Squad in any media for publicity purposes.
Parent’s or legal guardian’s indemnification for participants under the age of 18:
In consideration of the participant (“Minor” ) being permitted by TCS to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless TCS from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
I confirm that I have adequate time to review this waiver and that I agree to its terms.