Visitor’s Acknowledgement of Risk

Our insurance providers require that our guests acknowledge and agree to these liability waivers. Buy purchasing a ticket to the Stargazing Silks Workshops, you are acknowledging and agreeing to the following:

In consideration of the services of Wakeful Ascent Aerial Arts and Somnia Arts, 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 WAAA and SA) I hereby agree to release, indemnify, and discharge WAAA and SA on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows.

1. I acknowledge that my participation in aerial arts training and instruction, including aerial fabric and other disciplines 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 and falling, fabric burns, pinches, twists, and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, strains, sprains, cuts, muscle soreness, musculoskeletal injuries including head, neck, and back; injuries to internal organs, damage to teeth, nails, and clothes; 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 or your child is injured, you or your child may require medical assistance, at your own expense.

Furthermore, WAAA and SA employees and volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of participant’s fitness, medical conditions, 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 WAAA and SA 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 WAAA and SA equipment or facilities, including any such claims which allege negligent acts or omissions of WAAA and SA.

4. Should WAAA or SA 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 WAAA or SA, I agree to do so solely in the state of California, and I further agree that the substantive law of California 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 WAAA or SA or their partners on the basis of any claim from which I have released them herein. Regardless of date that waiver is signed, the terms of this document apply to all past, present, and future interaction with WAAA and SA.

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.

In consideration of the services of the Eastern Sierra Observatory, and all officers, helpers, agents, employees, and all other persons associated with this business (hereinafter collectively referred to as “ESO Staff”), I agree as follows:

The Eastern Sierra Observatory and the ESO Staff have informed me that there are certain risks when visiting that cannot be eliminated due to the nature of the land. Some of these risks include: rocky and uneven surfaces, unprotected cliffs and mining exploration holes, little pieces of glass here and there (people used this site for target practice — unfortunately shooting glass bottles for many years, and some remnants remain), and other risks not specifically identified.

I am aware that these risks could lead to injury or even death. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks both specified and not specifically identified. My participation in activities at the Eastern Sierra Observatory and with the ESO Staff is purely voluntary, no one is forcing me to participate and I elect to participate in spite of and with full knowledge of the inherent risks. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers, both specified and not specially identified, and, as a result of my negligence in participation in this activity.

I have carefully read, clearly understand, and accepted the terms and conditions stated herein, and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representative and estate, and for all members of my family, including minor children.