Terms of Service

TERMS AND CONDITIONS:

Participant Responsibility: As a participant, you are responsible for ensuring that you are physically and mentally capable of participating in any and all services provided.

No Refunds or Exchanges: Due to the nature of virtual services provided and ongoing virtual access of program/workshop material, there is a strict no refunds or exchanges policy once payment is completed. This policy applies regardless of circumstances, including but not limited to inability to complete the course, technical issues experienced by the participant, participant’s personal circumstances, schedule conflicts, injuries, participant dissatisfaction or non-participation.

Non-Transferable: Enrollment in programs or services is non-transferable. Services are intended for the named participant at the time of enrollment and cannot be transferred to another individual or service.

Virtual/In Person Content Access and Materials: Participants receive lifetime access to class recordings/materials when clearly promised. Participants agree not to reproduce, distribute, or share any course/workshop/program or class materials without the explicit written permission of the training provider. Participants agree not to create programs, classes, workshops or educational content either online or in person directly from the Instructor’s material as if it were their own.

Modifications and Cancellations: Instructor reserves the right to modify or cancel a virtual training, including its schedule or content at any time and for any reason. In the event of cancellation initiated by me, participants are entitled to a full refund for the time remaining in the program or purchased service.

MEDIA/PHOTO WAIVER: I understand that with my consent the instructor may copyright and/or publish any and all photographs, digital recordings, videotapes and/or film in which I appear to be used for public view. I further agree that the Instructor may transfer, use or cause to be used these digital recordings, photographs, videotapes, or films for any exhibitions, public displays, publications, commercials, art and advertising purposes, television programs, and internet without limitations or reservations once verbal or written consent is given by me.

By enrolling or participating in any way, you acknowledge that you have read, understood, and agreed to these terms and conditions.

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Britainy Crumpton (the “Instructor”), I hereby agree to release, indemnify, and discharge the Instructor on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

I acknowledge that my participation in aerial arts training whether in person or via Zoom or any other online platform and including aerial hoop, trapeze, fabric, straps, rope and other related disciplines as well as ground movement including flexibility, dance, conditioning and strength training (collectively the “Activities”) 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 Activities. The risks include, among other things: the hazards of slips and falls; being struck by objects dislodged or dropped from above; the hazards from using equipment; the risks of falling off equipment; my own physical condition, and the physical exertion associated with this activity. Furthermore, the Instructor has a difficult job to perform. They seek safety, but they are not infallible and among other things (1) they might misjudge their own ability, (2) they might not be aware of a participant’s fitness or abilities, (3) they may give incomplete or inaccurate instructions or warnings (4) the equipment being used might malfunction and (5) participation via Zoom or any other online platform may involve intermittent or prolonged instances in which they are not able to see a participant clearly.

I expressly agree and promise to accept and assume all of the risks existing in the Activities. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. In addition I take full responsibility for my own safety, well-being and movement choices. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Instructor from and against any and all claims, demands, suits, judgments, damages, liability, cost or expense, or causes of action, including but not limited to those alleging negligent acts or omissions, which are in any way connected with my participation in the Activities whether at the Instructor’s property or place of business, that involve my use of any of the Instructor’s equipment or facilities or that I have joined virtually via Zoom or any other online platform.

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. Should the Instructor 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.

Notwithstanding anything to the contrary herein, in the event that I file a lawsuit against the Instructor, I agree to do so solely in the state of Hawaii, and I further agree that the substantive law of Hawaii 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.

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 the Instructor on the basis of any claim from which I have released them herein.

I have had sufficient opportunity to read and understand this document and I agree to be bound by its terms. I agree that a digitally presented/reproduced version of this waiver is fully valid when virtually acknowledged and agreed upon and is representative of any original signed executed copy.