Climbing or being hoisted to the apparatus, and climbing, sliding or being lowered therefrom to the surface beneath shall not be deemed a part of the performance for the purpose of this Part.

Posing upon the apparatus without acting or performing thereon, shall not be deemed a part of a performance for the purpose of this Part.

At least 10 days before every performance the owner, agent, lessee, manager or other person in charge of a circus, carnival, fair, theatre, moving-picture house, public hall or other public place of assembly, resort or amusement in connection with which a performance is intended to be presented shall inform the commissioner by mail of the time and place at which the same will be presented.