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Release, Indemnification and Hold Harmless Agreement - ATBDA
In consideration of participating in dance activity, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Above the Barre Dance Academy LLC, Wayne Kurchina, Jazzed Up Inc. Antrium Equities LLC, Stonewood Designs, Acrobatic Arts and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (herein collectively referred to "Releasees") on behalf of myself and my children, parents, heirs, assigns, personal representative and estate and also agree as follows:
1. I acknowledge that dance activity involves know and unanticipated risks which could result in physical or emotional injury,. paralysis or permanent disability, death and property damage. Risks include, but are not limited to, medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment and safe teaching practices, without jeopardizing the essential qualities of the activity.
2. I expressly accept and assume all of the risks inherent in this activity that might have been caused by negligence of the Releasees. My/My minor participation in this activity is purely voluntary and I elect to participate despite risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. I/my minor hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I/my minor have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage I may suffer or cause while participating in these activities, or else I agree to bear the costs of such injury of damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such conditions.
5. In the event that I file a lawsuit, I agree to do so solely in the state where Releasee's facility is located, and I further agree that the substantive law of that state shall apply.
6. 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 PAYING FOR SAID CLASS(S) YOU AGREE THAT IF YOU OR YOUR MINORS ARE HURT OR YOUR PROPERTY IS DAMAGED DURING YOU/YOURS PARTICIPATION IN THIS ACTIVITY, THEN YOU MAYBE FOUND BY A COURT OF LAW TO HAVE WAIVED YOUR RIGHT TO MAINTAIN A LAWSUIT AGAINST THE PARTIES BEING RELEASED ON THE BASIS OF ANY CLAIM FOR NEGLIGENCE.
**YOU MAY SCREENSHOT THIS WAIVER/POLICY IN ORDER TO HAVE IT FOR YOUR RECORDS.**
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