Liability Waiver and Release of Claims

Liability Waiver and Release of Claims

Aerial Foundations LLC - Online Training Program
Effective Date: January 6, 2025

Last Updated: October 14, 2024

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PARTICIPATING IN AERIAL TRAINING. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS.

1. Acknowledgment of Risks

I acknowledge and understand that participation in aerial arts training, including aerial sling, aerial hammock, inversions, and related physical activities offered through Aerial Foundations LLC's online training program, involves inherent and significant risks of serious injury or death.

I specifically acknowledge the following risks:

Physical Injury Risks

  • Falls from height resulting in serious injury or death

  • Muscle strains, sprains, tears, and overuse injuries

  • Joint injuries including dislocations and ligament damage

  • Head, neck, and spinal injuries including paralysis

  • Fractures, broken bones, and crush injuries

  • Concussions and traumatic brain injury

  • Cuts, bruises, abrasions, and skin injuries

  • Nerve damage and loss of sensation

  • Cardiovascular events including heart attack or stroke

  • Aggravation of pre-existing medical conditions

  • Death

Unique Risks of Online Training

I understand that online training presents additional and unique risks not present in supervised, in-person instruction, including but not limited to:

  • No Physical Supervision: No instructor is physically present to spot me, correct my form, or provide immediate assistance in case of injury

  • No Emergency Response: In the event of injury, I am solely responsible for seeking medical attention; no instructor or staff will be present to call for help or provide first aid

  • Equipment Responsibility: I am solely responsible for selecting, purchasing, installing, inspecting, and maintaining all aerial equipment and rigging

  • Installation Risks: Improper installation of aerial equipment can result in catastrophic failure, serious injury, or death

  • Environmental Hazards: I am responsible for ensuring my training space is safe, free from hazards, and has adequate clearance and padding

  • Self-Assessment: I must assess my own physical readiness, skill level, and ability to safely perform movements without in-person evaluation

  • Technical Limitations: Video instruction cannot replace hands-on teaching; I may misunderstand or incorrectly perform techniques

  • Progression Risks: Without in-person assessment, I may attempt skills beyond my current ability level

Equipment Risks

  • Equipment failure due to manufacturing defects, wear and tear, or improper installation

  • Rigging failure due to inadequate structural support, incorrect hardware, or user error

  • Fabric tears or hardware breakage during use

  • Inadequate crash mat padding or protection

2. Voluntary Participation and Assumption of Risk

I voluntarily choose to participate in Aerial Foundations LLC's online training program with full knowledge and understanding of the risks described above. I expressly and voluntarily assume all risks associated with aerial training, whether known or unknown, foreseen or unforeseen, and whether caused by my own actions, equipment failure, or any other cause.

I understand that:

  • Aerial training is an inherently dangerous activity

  • Online training increases risk due to lack of physical supervision

  • I am solely responsible for my own safety

  • I am training at my own risk

  • No amount of instruction, supervision, or safety equipment can eliminate all risks

3. Medical Clearance and Physical Condition

I represent and warrant that:

  • I am in good physical health and have no medical conditions that would prevent safe participation in aerial training

  • I have consulted with a physician regarding my ability to safely participate in aerial training

  • I have disclosed all relevant medical conditions, injuries, and physical limitations to my physician

  • I have been cleared by a medical professional to participate in strenuous physical activity

  • I will immediately discontinue participation and seek medical attention if I experience pain, discomfort, dizziness, nausea, or any other physical distress

  • I will not participate in aerial training if I am pregnant, have been advised by a physician not to exercise, or have any condition that could be aggravated by physical activity

Medical Conditions That May Increase Risk

I understand that the following conditions may increase my risk of injury during aerial training:

  • Pregnancy

  • Heart conditions or cardiovascular disease

  • High or low blood pressure

  • Respiratory conditions (asthma, COPD)

  • Joint problems, arthritis, or previous joint injuries

  • Spinal injuries or conditions

  • Neurological conditions or seizure disorders

  • Osteoporosis or bone density issues

  • Balance or vestibular disorders

  • Recent surgeries or injuries

  • Any condition affecting strength, flexibility, or coordination

I confirm that I do not have any of the above conditions, OR I have consulted with my physician and have been cleared to participate despite these conditions.

4. Equipment Responsibility and Safety

Equipment Selection and Purchase

I understand and agree that:

  • I am solely responsible for selecting and purchasing appropriate aerial equipment

  • All equipment must be specifically designed and rated for aerial arts use

  • I will not use equipment that is damaged, worn, or past its manufacturer-recommended lifespan

  • Any equipment purchased from Aerial Foundations LLC or recommended by instructors is provided for informational purposes only

  • Aerial Foundations LLC makes no warranties regarding equipment safety, quality, or suitability

  • All equipment is subject to the manufacturer's warranty and liability, not Aerial Foundations LLC

Rigging Installation and Inspection

I understand and agree that:

  • I MUST have all aerial rigging professionally installed and inspected by a certified rigging professional or structural engineer before use

  • Improper installation can result in catastrophic failure, serious injury, or death

  • I am solely responsible for ensuring my rigging point can support dynamic loads of at least 1,000 lbs (or manufacturer recommendations)

  • I will use only rigging hardware specifically designed for aerial arts (carabiners, swivels, rescue-8s, etc.)

  • I will inspect all equipment before each use for signs of wear, damage, or defects

  • I will immediately discontinue use of any equipment that shows signs of wear or damage

  • Aerial Foundations LLC does not inspect, approve, or certify any rigging installations

  • Aerial Foundations LLC is not liable for equipment failure or improper installation

Training Environment

I am responsible for ensuring my training space is safe and appropriate for aerial training, including:

  • Adequate ceiling height (minimum 10-12 feet recommended)

  • Sufficient clearance from walls, furniture, and other obstacles

  • Appropriate crash mat or padding beneath aerial apparatus

  • Stable, level flooring

  • Adequate lighting and ventilation

  • Free from pets, children, or other distractions during training

5. Release of Liability and Waiver of Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE AERIAL FOUNDATIONS LLC, ITS OWNER (MARCI NAULT), INSTRUCTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY BE SUSTAINED BY ME WHILE PARTICIPATING IN AERIAL TRAINING, WHETHER CAUSED BY:

  • Negligence of the Released Parties

  • My own actions or negligence

  • Equipment failure or defects

  • Improper installation or rigging

  • Inadequate instruction or supervision

  • Misunderstanding or misapplication of techniques

  • Environmental hazards

  • Any other cause whatsoever

I UNDERSTAND THAT THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE NEGLIGENCE OF THE RELEASED PARTIES AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE.

6. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or attorney's fees arising out of or related to:

  • My participation in aerial training

  • My equipment, installation, or rigging

  • My violation of this waiver or the Terms of Service

  • Injury to any third party caused by my actions

  • Any property damage caused by my actions or equipment

7. No Instruction Guarantees

I understand that:

  • Online video instruction cannot replace in-person, hands-on teaching

  • Aerial Foundations LLC does not guarantee that I will safely learn or master any aerial skills

  • Progression through training levels does not guarantee safety or competence

  • I am responsible for assessing my own readiness to attempt new skills

  • I should not attempt any skill I am not confident I can safely perform

  • I should always use appropriate progressions, spotting, and safety equipment

8. Emergency Procedures

I understand and agree that:

  • In the event of injury, I am solely responsible for seeking medical attention

  • I will have a phone accessible during training to call for emergency help if needed

  • I will inform a family member or friend of my training schedule in case of emergency

  • Aerial Foundations LLC has no obligation or ability to provide emergency assistance

9. Photography and Video Release

I grant Aerial Foundations LLC permission to use photographs, videos, or other media of me taken during training (if submitted by me) for marketing, promotional, or educational purposes. I understand that I will not receive compensation for such use.

☐ I DO consent to use of my image
☐ I DO NOT consent to use of my image

10. AERIAL EQUIPMENT SALES AND USE

Equipment Coverage:
This comprehensive liability waiver applies to ALL Aerial Foundations products, including potential future sales of:
- Aerial Silks
- Aerial Slings
- Aerial Hammocks
- Rigging Equipment
- Mounting Hardware
- Training Accessories

Equipment Risk Acknowledgment:
I explicitly acknowledge and agree that:
- Aerial equipment involves significant inherent risks
- Improper use can result in serious injury or death
- Professional training and installation are CRITICAL

Specific Equipment Risks Include:
- Structural failure
- Improper mounting
- Exceeding weight limitations
- Incorrect usage techniques
- Environmental installation factors

Personal Responsibility:
By purchasing or using Aerial Foundations equipment, I agree to:
- Seek professional installation
- Conduct regular safety inspections
- Follow manufacturer guidelines
- Use appropriate safety equipment
- Obtain professional training
- Immediately discontinue use if any damage is detected

Liability Limitations:
I understand and agree that Aerial Foundations LLC:
- Provides equipment for professional use
- Is NOT responsible for:
  * Installation processes
  * Individual usage methods
  * Structural integrity of installation sites
  * Personal injury resulting from equipment use

Waiver of Claims:
I voluntarily release Aerial Foundations from ALL liability related to equipment purchase, installation, and use, including but not limited to:
- Product defects
- Installation failures
- Personal injury
- Property damage
- Consequential damages

11. Governing Law and Jurisdiction

This waiver shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any legal action arising out of this waiver shall be brought exclusively in the state or federal courts located in Massachusetts.

12. Severability

If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Entire Agreement

This waiver, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between me and Aerial Foundations LLC regarding my participation in aerial training.

14. Acknowledgment of Understanding

I HAVE CAREFULLY READ THIS WAIVER AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND AERIAL FOUNDATIONS LLC. I SIGN IT OF MY OWN FREE WILL.

For Participants Under 18

Aerial Foundations LLC does not accept participants under the age of 18. All participants must be 18 years or older.

Contact Information

If you have questions about this waiver, please contact:
Aerial Foundations LLC
Email: marci@aerialfoundations.com
Website: aerialfoundations.com