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PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
In consideration of the services to be provided by BB’S DANCE FACTORY, INC.D/B/A DANCE & CIRCUS ARTS OF TAMPA BAY, a Florida Corporation, and its agents, shareholders, directors, officers, volunteers, participants, employees, contractors, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “DCA”), _________________________ as participant (hereinafter referred to as “I” or “My” or “Participant”) and/or its parent or guardian if Participant is under the age of 18, hereby agree to release, indemnify and discharge DCA on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I expressly acknowledge and agree that my participation in dance, acrobatics, tumbling, contortion, Spanish web, rope, tissue, single trapeze, double trapeze triple trapeze, lyra, hammock, sling and all other activities that are taught by DCA (hereinafter referred to as “Dance & Circus Activities”), subject the Participant to danger, and that this risk cannot be eliminated without jeopardizing the essential qualities of the Dance & Circus Activities. Without a certain degree of risk, Participant agrees that Participant will not improve his or her skills and the enjoyment of the sport would be diminished. Participant expressly acknowledges that Dance & Circus Activities exposes Participant to the usual risk of cuts and bruises. However, more serious risks exist as well. Participant may fall off the equipment, sprain or break limbs, and can suffer more serious injuries, and even death. In any event, if Participant is injured, then Participant may require medical assistance, and Participant will have to bear all expenses in connection with any medical care required for treatment. Participant expressly acknowledges and agrees that DCA shall not pay for any medical expenses for the Participant and that Participant shall pay all such medical expenses on it’s own without demanding any reimbursement from DCA. Participant agrees that DCA employees, agents and contractors have difficult jobs to perform and cannot prevent all accidents. They try to minimize the risk, but accidents will happen. By signing this Participant Agreement, Release, and Assumption of Risk (hereinafter referred to as “Agreement,”) I am waiving any claims against DCA for any negligence and expressly assume the risk of injury because of such negligence or failure to maintain or operate equipment.
2. I expressly agree and promise to accept and assume all of the risks existing in Dance & Circus Activities. My participation in Dance & Circus Activities is purely voluntary, and I elect to participate with knowledge of all the risks involved including the risk of death and serious bodily injury.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless DCA from any and all claims, demands or causes of action, which are in any way connected with my participation in Dance & Circus Activities or my use of DCA’s equipment or facilities, including any such claims which allege negligent acts or omissions of DCA or failure of its equipment.
4. Should DCA or anyone acting on its behalf be required to incur attorneys’ 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 in activities described herein, 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. I expressly acknowledge that any disputes between the parties hereto, whether arising under this Agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be referred to a court certified mediator in the County of the principal office of DCA, and any mediation shall be held in the County of the principal office of DCA. I will bear the cost of said mediation. In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in the County of the principal address of DCA. The arbitration shall be held in the County of the principal office of DCA and I will bear the cost of said arbitration. In the event that the parties are unable to agree upon an arbitrator within 15 days of the date on which either party requests arbitration of a matter, the arbitrator shall be provided by the American Arbitration Association. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to Florida Statutes. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorneys’ fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights. Notwithstanding the foregoing, in the event that I file a lawsuit against DCA for any reason whatsoever, I agree to do so solely in the State of Florida, and I further agree that the substantive law of the State of Florida shall apply in that action without regard to the conflict of law rules. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN DANCE IN DANCE & CIRCUS ACTIVITIES, I HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAISNT t DCA. I ACKNOWLEDGE THAT I HAVE HAD SUFFICIENT TIME TO READ THIS AGREEMENT AND I UNDERSTAND ALL OF IT. A FACSIMILE OR ELECTRONIC COPY OF THIS AGREEMENT AND ALL SIGNATURES ON THE AGREEMENT SHALL BE CONSIDERED ORIGINAL.
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed if Participant is under the age of 18)
In Consideration of the above named Participant who is under the age of 18 (hereinafter the "Minor") being permitted by DCA to participate in its Dance & Circus Activities and to use its equipment and facilities, the undersigned Parent/Guardian further agrees to indemnify and hold harmless DCA from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor in the Dance & Circus Activities.
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