All-Stars in Motion Dance Studio, LLC Release and Waiver of Liability
The undersigned for himself/herself as a participant, or on behalf of his/her child(ren) or ward(s) as participant(s), as applicable (the “Undersignedâ€), hereby forever releases and discharges All-Stars in Motion Dance Studio, LLC (“AIM Dance Studioâ€) and their respective assignees, successors, officers, directors, agents, representatives, employees, subcontractors, sponsors, shareholders, partners, members, subsidiaries, parent corporations and all affiliates and affiliated entities (collectively, the “Released Personsâ€) from all present and future liabilities, debts, obligations, costs, expenses, damages, losses, charges, judgments, executions, liens, claims, demands, actions or causes of action of whatever nature or description, in equity or a law (herein, the “Released Claimsâ€), which the Undersigned may now have, or may or could or shall hereafter have against the Released Persons, whether known or unknown, suspected or unsuspected, asserted or not asserted, arising out of activities related to and participation in AIM Dance Studio or an AIM Dance Studio affiliated event, including but not limited to classes, rehearsals, performance, or other activities, even if the risk and liabilities that the Undersigned is releasing by this Release and Waiver of Liability arise out of the ordinary negligence or carelessness of the Released Persons, whether active or passive, or from any hidden, latent or obvious defects in any of the facilities or equipment used, of one or more of the Released Persons.
The Undersigned represents and warrants to the Released Persons that Undersigned has full power and authority to execute, deliver this Release and Waiver of Liability. The Undersigned further indemnifies and holds harmless the Released Persons from any and all claims, charges, liabilities, obligations and demands (including reasonable attorneys’ fees) brought against the Released Persons in connection with AIM Dance Studio or an AIM Dance Studio affiliated event, whether now existing or arising in the future, and accepts all legal responsibility for his/her actions at AIM Dance Studio or an AIM Dance Studio affiliated event.
The Undersigned understands, acknowledges and accepts that this Release and Waiver of Liability is intended to be binding on the Undersigned, including the Undersigned’s family, estate, heirs, executors, administrators and assigns. The Undersigned understands, acknowledges and accepts that participation in AIM Dance Studio or an AIM Dance Studio affiliated event involves certain inherent risks, including but not limited to serious bodily injury (including paralysis and even death) and agrees that the Undersigned is voluntarily participating in AIM Dance Studio with full knowledge of the risks involved and accepted any and all Released Claims arising out of the Undersigned’s participation in AIM Dance Studio or an AIM Dance Studio affiliated event and all related activities.
The Undersigned understands, acknowledges and accepts the possibility that the Undersigned or his/her successors may not now fully know the number or magnitude of all the Released Claims, but nevertheless intends to assume the risk by releasing such unknown claims, and agrees that this Release and Waiver of Liability is a full and final release and waiver of all the Released Claims.
Further, the Undersigned grants permission to AIM Dance Studio and its affiliated entities to utilize the Undersigned’s name, face, image, likeness, video, or voice in connection with any broadcast, photograph, videotapes, DVDs, podcasts, videocasts, or any other reproduction in whole or in part via any media for any purpose, including but not limited to advertisement or promotion, in perpetuity without any additional consideration.
Further, the Undersigned understands, acknowledges and accepts full responsibility for providing adequate health and accident insurance coverage for the protection of the Undersigned who participate at AIM Dance Studio or an AIM Dance Studio affiliated event. The Undersigned declares that the Undersigned is in good health, with no physical or mental conditions that might prevent the Undersigned’s ability to fully and safely participate in strenuous and rigorous dance activities and other training and performance connected with AIM Dance Studio or an AIM Dance Studio affiliated event and all related activities.
Further, the Undersigned understands, acknowledges and accepts that because of the physical nature of dance, there may be physical contact between the Undersigned and Released Persons while at AIM Dance Studio or an AIM Dance Studio affiliated event, including but not limited to during rehearsals, shows, workshops, productions, and especially during dance instruction. The Undersigned understands, acknowledges and accepts that at times for proper instruction and safety, physical contact is both required and necessary.
This Release represents the complete agreement between the Undersigned and the Released Persons concerning the subject matter in this Release and supersedes all prior agreements or understandings, written or oral. This Release may not be amended or modified other than by a written agreement executed by the parties hereto or their respective successors and legal representatives.
This Release shall be governed by and construed in accordance with the laws of the State of Kansas, without reference to the principles of conflict of laws. The Undersigned understands, acknowledges and accepts that this Release and Waiver of Liability is intended to be as broad and inclusive as permitted by the laws of the State of Kansas and agrees that if any portion of this Release and Waiver of Liability is invalid, the remainder will continue in full legal force and effect.
Any alleged dispute, claim, or cause of action either related to this Release or related to AIM Dance Studio shall be subject to the following procedure:
i. First, the parties agree to meet and amicably resolve the dispute;
ii. If the parties are unable to agree on a resolution to the dispute, the parties agree to mediate the dispute through a mutually-agreeable third-party mediator;
iii. If the mediation is unsuccessful, the parties agree that the dispute between them shall be resolved by binding arbitration by a mutually agreeable firm providing arbitration services, under the Arbitration Rules then in effect. The prevailing party shall be entitled to recover reasonable costs and expenses attributable to such arbitration (including reasonable attorneys’ fees) in addition to any other relief to which such prevailing party is entitled. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.
Each of the paragraphs contained in this Release shall be enforceable independently of every other paragraph in this Release, and the invalidity or non-enforceability of any paragraph shall not invalidate or render unenforceable any other paragraph contained in this Release.
This Release has been entered into voluntarily and not as a result of coercion, duress, or undue influence in exchange for the privilege of participation. The Undersigned acknowledges that the Undersigned has read and fully understands the terms of this Release.