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CHILD EVENT(S) PARTICIPATION WAIVER AND RELEASE AND ACCOUNT PAYMENT AGREEMENT
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. YOU NEED TO READ ALL OF IT CAREFULLY. YOU, YOUR CHILD OR YOUR CHILDREN MAY NOT PARTICIPATE IN THE 411 PRODUCTIONS, LLC EVENT(S) REFERENCED BELOW UNLESS YOU ARE AT LEAST 18 YEARS OLD (OR HAVE PARENTAL APPROVAL) AND HAVE PARENT OR LEGAL GUARDIAN THOROUGHLY READ AND SIGN THIS AGREEMENT.
I, the parent or legal guardian of the student(s), member(s) child or children listed on my Dance Studio Pro account (hereinafter individually or collectively referred to as “Participant”) am above age 18 and hereby agree to all that follows:
Participant wants to participate in any available current or future production(s), event(s), recital(s), workshop(s) or class(es) (the “Event(s)”) available at Dance 411 arranged or offered by 411 Productions, LLC. (“Dance 411”). Both Participant and I acknowledge and understand that attending, participating or assisting someone to participate in the Event(s) (“Participating”) will involve strenuous physical exertion, require a significant degree of skill and experience and could be physically hazardous or dangerous.
Participant and I hereby represent and warrant that Participant has the physical ability and skill necessary for Participating in the Event(s) and does not have any limitation, condition or problem which would inhibit his or her ability to Participate properly and safely. Participant and I understand that, even with proper physical conditioning, skill and experience, Participating in the Event(S) could result in damage to property and/or serious bodily injury, permanent disability or EVEN death and Participant and I are fully aware of, UNDERSTAND and KNOWINGLY, willingly AND VOLUNTARILY accept AND ASSUME such risks, hazards, and dangers, INCLUDING ANY AND ALL RISKS OF LOSS, DAMAGE, INJURY OR DEATH AS A RESULT OF PARTICIPATING IN THE EVENT(S). Participant and I are also aware that such risks, hazards and dangers are significantly increased by Participating without appropriate conditioning, skill and experience. In addition, Participant and I acknowledge and understand that Dance 411 does not own or control the premises, building or location where the Event(s) will take place (the “Premises”) and does not assume any responsibility or liability for the condition or maintenance of the Premises.
In consideration for allowing Participant to participate in the Event(s), Participant and I hereby agree to: (i) release and forever discharge Dance 411, its agents, servants, employees, independent contractors, officers, directors, trustees, owners and all other persons or entities acting on its behalf; together with the owner(s) and/or lessor(s) of the real property and improvements where the Event(s) is/are being held and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf (collectively, the “Covered Parties”), from any and all claims, actions, damages, liability, costs or expenses and attorneys’ fees which are related to, arise out of, or are in any way connected to Participating in the Event(s), whether or not such claims, actions, damages, liability, costs or expenses are caused by the negligence of a Covered Party or any other attendee or participant in the Event(s), or otherwise, (ii) surrender and waive any rights that Participant and/or I, our heirs, next of kin, family, relatives, guardians, executors, administrators, trustees and assigns may have or possess to sue or exercise any remedy or legal right to seek damages from any Covered Party for any such claims, actions, damages, liability, costs or expenses; and (iii) indemnify, hold harmless and defend each Covered Party from any and all claims, actions, damages, liability, costs, expenses and attorney fees arising out of or in connection with Participant's and/or my Participation in or presence at the Event(s). Notwithstanding anything herein to the contrary, the above subsections (i), (ii) and (iii) will not apply to claims, actions, damages, liability, costs or expenses caused by the gross negligence or intentional misconduct of a Covered Party.
Participant and I acknowledge that either of our presence at the Dance 411 Event(s) and Participant's decision to Participate are strictly voluntary choices, in spite of the unavoidable risks, hazards and dangers of such activity. At all times when Participating in the Event(s), Participant agrees to limit his or her activities, as appropriate for his or his level of conditioning, skill and experience. Participant agrees not to take any unreasonable risks while Participating or to cause any other persons present to take or be exposed to any unreasonable risk or harm. Participant agrees to comply with all of the stated and customary terms, rules and conditions for Participating in such Events(s). If Participant or I become aware of any unusual hazard during either of our presence at the Event(s) or while Participating, Participant will immediately and safely stop Participating, and either Participant or I will bring such hazard to the attention of the nearest Dance 411 employee, official or representative immediately.
Participant and I hereby irrevocably grant to Dance 411, and its representatives, licensees, designees, permittees and assigns, the right and authority to film, videotape, photograph and/or record, in any manner or medium, myself or Participant in connection with any Event(s), and to use such film, videotape, photography and/or recordings (“Products”) in perpetuity, any number of times, for any purpose and in any manner or medium now or hereafter known in connection with the display, distribution, promotion, marketing or sale of Products by any means and through any channels, including, without limitation, in or on any website, marketing, advertising, promotions and packaging relating to Dance 411. Participant and I also authorize Dance 411 to enter our email address, cellular number or any other contact information into their marketing list and to receive information via this list from Dance 411.
Participant and I give consent and permission to Dance 411 and its representatives, as necessary in their discretion and judgment, to obtain on Participant behalf any emergency medical attention and treatment in case of sickness, accident or injury and to secure such medical attention and treatment at my sole expense.
I HEREBY CERTIFY THAT I AM OVER 18 YEARS OF AGE, AM THE PARENT OR LEGAL GUARDIAN OF PARTICIPANT, HAVE CAREFULLY READ AND UNDERSTAND THIS ENTIRE AGREEMENT AND AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS. PRIOR TO SIGNING THIS AGREEMENT BOTH PARTICIPANT AND I HAVE HAD THE OPPORTUNITY TO ASK ANY AND ALL QUESTIONS ABOUT THE EVENT(S), PARTICIPATION AND/OR THIS AGREEMENT. I AM AWARE THAT BY SIGNING THIS AGREEMENT, PARTICIPANT AND I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN SUBSTANTIAL RIGHTS THAT PARTICIPANT OR I, OUR HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, EXECUTORS, ADMINISTRATORS TRUSTEES AND ASSIGNS MAY HAVE OR POSESS AGAINST DANCE 411 OR ANY OTHER COVERED PARTY FOR DAMAGE OR HARM ARISING FROM OR OCCURRING AT, DURING OR IN CONNECTION WITH MY OR PARTICIPANT'S PRESENCE AT OR PARTICIPATION IN THE EVENT(S).
WITH MY ACCEPTANCE OF THIS AGREEMENT, I FULLY UNDERSTAND THAT I WILL NOT RECEIVE ADVANCED NOTICE OF THE AUTOMATIC DEDUCTION ASSOCIATED WITH EACH OF THE PARTICIPANT’S MONTHLY PROGRAM TUITION FEES & SEPARATE RECITAL FEES, AND AUTHORIZE A $50.00 SERVICE & LATE CHARGE FOR EACH RETURNED OR UNPAID DRAFTS FROM THE BANK. I AM AWARE THAT IN THE EVENT THAT OUTSIDE COLLECTIONS OR A LEGAL SUIT IS NECESSARY TO ENFORCE PAYMENT OF THE ACCOUNT, I AGREE TO PAY ALL COLLECTIONS FEES, 18% MONTHLY INTEREST ON ANY REMAINING BALANCE DUE OVER 30 DAYS LATE, ATTORNEY’S FEES AND COURT COSTS AS MAY BE DEEMED REASONABLE. I ACKNOWLEDGE THE ABOVE STIPULATION OF THIS DEBIT AGREEMENT AND AGREE TO AUTOMATIC STRIPE ACCOUNT, BANK ACCOUNT, DEBIT CARD OR CREDIT CARD DEBIT (IF APPLICABLE), AND WILL ABIDE BY ANY CHARGE THAT IS ACCRUED FOR INSUFFICIENT FUNDS. I CERTIFY THAT AM THE PARENT OR LEGAL GUARDIAN OF PARTICIPANT, AM AT LEAST 18 YEARS OF AGE, AND OWN THE STRIPE ACCOUNT THAT IS ATTACHED TO MY DANCE STUDIO PRO ACCOUNT.
THIS AUTHORIZATION WILL REMAIN IN FULL FORCE AND EFFECT UNTIL THE SIGNER OF THIS DOCUMENT FILLS OUT AND SIGNS THE OFFICIAL CANCELLATION FORM AT DANCE 411 AT LEAST SIXTY (60) DAYS BEFORE THE LAST AUTHORIZED WITHDRAWAL DATE.
I understand that an electronic signature or facsimile signature shall be deemed the same as an original signature. I agrees to promptly re-execute a copy of this agreement with an original signature if requested to do so by Dance 411.
This Agreement shall be effective and binding upon Participant's and/or my heirs, agents, personal representatives, and assigns.
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