PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of The Carpetbag Brigade Physical Theater, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "TCB"), I hereby agree to release, indemnify, and discharge TCB, 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 2024 Carpetbag Brigade workshop 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: exposing its participants to the potential for: slips and falls; falling from equipment; 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; the negligence of other people; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. In any event, if you are injured, you may require medical assistance, at your own expense.
Furthermore, TCB employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. 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 TCB 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 TCB equipment or facilities, including any such claims which allege negligent acts or omissions of TCB.
4. Should TCB or anyone acting on their 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 TCB, I agree to do so solely in the state of California, 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 agreeing 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 TCB on the basis of any claim from which I have released them herein.
By agreeing to this document, I acknowledge that TCB reserves the right to dismiss any student they feel is a threat to themselves or to the safety of others at any time during 2024 Carpetbag Brigade Workshop.
Personal stilts are at the liability of the participant to ensure equipment is of a safe condition. Participants must be aware of the different limitations each stilt design contain and work within their stilt design capacity. TCB is not held responsible for stilt damage or injury due to stilt design. TCB work has been developed using stilts with a two to two and half feet aluminum height with a front knee brace, the shoe bolted to the foot plate, Velcro bolted to the support structure and around calf and a foot stopper. ‘Daddy Long Leg’ Stilt product Acrobatic Aluminum is the model TCB suggests.
Safety (plastic outer) kneepads must be worn by all participants when on stilts at all times.
By signing this release form, I authorize TCB to use the following personal information: (1) My picture – including photographic, motion picture, and electronic (video) images. (2) My voice – including sound and video recordings.
I hereby grant to TCB, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, my name, pictures of me in film or electronic (video) form, sound and video recordings of my voice, and printed and electronic copy of the information described in sections (1) and (2) above in any and all media including, without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, educational conferences and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised. This permission shall continue forever unless I revoke the permission in writing.
I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for TCB’s use of any of the material described above for any of the purposes authorized by this release. I also waive any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied.
Any personal media footage (photographs/video) of TCB event must be credited with ©CarpetbagBrigade when published in any form.
