Waiver and Release of Liability
IN CONSIDERATION OF the risk of injury while participating in dance classes (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability. I hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, except for claims based on reckless or intentional conduct, and do hereby release and forever discharge Madison Dance Academy, LLC, located at 686 Progress Way, Suite 11 & 12, Sun Prairie, Wisconsin 53590, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
Risks and Health. I am of sufficient physical and mental health to participate in the Activity and/or I have permission from a doctor or other medical professional to participate in this Activity and certify that participation in the Activity will not unduly endanger my health. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND
MENTAL ABILITIES AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS.
Medical Treatment. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance prior to and throughout participation in the Activity.
Damage to Facilities or Equipment. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, negligence, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with repairing the damage caused by such actions.
INDEMNIFICATION. I AGREE TO INDEMNIFY AND HOLD HARMLESS MADISON DANCE ACADEMY, LLC AGAINST ANY AND ALL CLAIMS, SUITS OR ACTIONS OF ANY KIND (EXCEPT FOR CLAIMS DUE TO RECKLESS OR INTENTIONAL CONDUCT), FOR LIABILITY, DAMAGES, COMPENSATION OR OTHERWISE BROUGHT BY ME OR ANYONE ON MY BEHALF, INCLUDING ATTORNEY'S FEES AND ANY RELATED COSTS, IF LITIGATION ARISES PURSUANT TO ANY CLAIMS MADE BY ME OR BY ANYONE ELSE ACTING ON MY BEHALF.
Opportunity to Bargain. By signing this document, I acknowledge that I have had the opportunity to bargain with Madison Dance Academy, LLC regarding the terms of this Waiver and Release of Liability. These terms may be negotiated or altered prior to the signing of the document for additional consideration. After the signing of this document, the terms may not be altered, except in writing and signed by both parties.
Severability; Interpretation. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
THIS DOCUMENT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND AN AGREEMENT TO DEFEND AND INDEMNIFY MADISON DANCE ACADEMY, LLC IN THE CASE OF A LAWSUIT.
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.
I grant Madison Dance Academy LLC permission to photograph and/or videotape my child for possible appearance and inclusion in any of the Madison Dance Academy LLC publications, promotional materials, on-air broadcasts or website, or used in any other way that is deemed appropriate by Madison Dance Academy LLC for education or for promotion of Madison Dance Academy LLC.
I release Madison Dance Academy LLC of any liability, claims, demands, damages, actions, and causes of actions arising from or connected in any way with the use of the photographs and/or videotapes. I understand that my child will receive no compensation for participation and that all photography and videotape resulting from participation will become the sole property of Madison Dance Academy LLC.
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