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Crested Butte School of Dance also d/b/a Crested Butte Dance Collective
WAIVER AND RELEASE OF LIABILITY AGREEMENT
PLEASE READ CAREFULLY. THIS IS A WAIVER AND RELEASE OF LIABILITY OF CERTAIN LEGAL RIGHTS.
IN CONSIDERATION of being given the opportunity to participate in the Crested Butte School of Dance, a Colorado nonprofit corporation (“Crested Butte School of Dance”) classes, rehearsals, events, and workshops, the undersigned activity participant, for myself, my personal representative, assigns, heirs, and next of kin, voluntarily:
1. AGREE that I the participant or guardian of the participant/s will not attend in-person, or allow any participant I am responsible for to attend in-person, classes/workshops/events/rehearsals if I or they experience any of the following; headache, sore throat, fever, dry cough, cough, recent inability to taste/smell, shortness of breath, ear aches, body aches, diarrhea, fatigue, vomiting, abdominal pain.
2. UNDERSTAND THAT: a child or any participant may be removed from class should they be found to be ill or report feeling ill or report experiencing any of these symptoms including; headache, sore throat, fever, dry cough, cough, recent inability to taste/smell, shortness of breath, ear aches, body aches, diarrhea, fatigue, vomiting, abdominal pain.
3. ACKNOWLEDGE, agree, and represent that I understand the nature of these activities. I have been given the opportunity to inquire about anything I am unsure about and have made any inquiries I feel are necessary. I am qualified, in good health, and in proper physical condition to participate in such class or workshop.
4. FULLY UNDERSTAND THAT:
A. This event may be held in remote, high altitude, mountainous regions. Natural hazards do occur and the climate can be extreme. This event may also take place online via a remote virtual or audio event. Immediate medical attention may not be available, and the event leader may not be trained in emergency treatment.
B. Dance activities involve risks and dangers of serious bodily injuries and illness. These include, but are not limited to; permanent disability, paralysis, illness, and death (“risks”). These risks may be caused by my own actions, or inactions, the actions of others participating in this class/workshop/event/rehearsal, the conditions in which the class/workshop/event takes place, or the negligence of the Crested Butte School of Dance, its administrators, directors, agents, officers, representatives, successors, assigns, volunteers and employees, and other participants, class/workshop organizers, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the class/workshop takes place (the “Releasees”);
C. I assume liability for all risks associated for any decision I make that I am physically able to participate in any Crested Butte School of Dance class/workshop/event/rehearsal.
D. There may be other risks, which could result not only in injury/illness but in social, economic, or other kinds of losses either not known to me or not foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILTY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the class/workshop.
E. I acknowledge that my participation in dance, yoga, circus and aerial arts training and instruction and other movement classes, including aerial fabric, aerial hammock, aerial yoga, trapeze, aerial hoop/lyra, rope, and any other various circus or dance and movement disciplines entails known and unanticipated risks that could result in physical or emotional injury, paralysis, illness, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; agitation of past injuries; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, strains, lacerations, fractures, cuts, muscle soreness,; or even more severe life threatening hazards; including but not limited to: bacterial, viral, and other illnesses contacted from surfaces, rooms, spaces, other participants, administrators, directors, agents, officers, representatives, successors, assigns, volunteers and employees, organizers, any sponsors, advertisers; musculoskeletal injuries including head, neck, and back; injuries to internal organs; concussions; paralysis; and even death; and the risk of emotional and psychological injuries or physical damage associated with this activity. Any of these risks may occur by the negligence of other people; the negligence of other participants, or other persons who may be present; my own physical or mental condition; and/or Acts of God.
5. ACCEPT BY REFERENCE any waiver presented by the Releasees and signed by me.
6. AGREE that the Releasees have permission to record on photography film and/or video, pictures of my participation. I further agree that any or all of the material photographed may be used, in any form, as part of any future marketing, publications, brochure, or other printed materials used as promotional material, and further that such use shall be without payment of fees, royalties, special credit or other compensation.
7. AGREE that if the participant is a minor, I give permission to transport the participant as necessary for events. I also give permission to supervise the participant throughout the duration of any such event. I understand and acknowledge that there are risks associated with travelling and dance that may result in loss of property, bodily injury, and possibly death. In consideration of the participation therein, I hereby accept responsibility and EXPRESSLY ASSUME ANY AND ALL RISKS occasioned by and related to my or my child’s travel to any event and participation therein, and I EXPRESSLY AGREE TO HOLD HARMLESS, INDEMNIFY AND FOREVER RELEASE the Releasees FOR ANY AND ALL LIABILITY AND FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS WHATSOEVER NOW OR IN THE FUTURE related to my or my child’s bodily injury, including death, or any other injury, disability, damage or loss of any kind, including property, as a result of or related to my or my child’s travel and his/her participation therein, except for claims based on intentional and willful and wanton actions. This Agreement includes any claims based on actual or alleged ordinary NEGLIGENCE or BREACH of any express or implied warranty. This Agreement shall not relieve the Releasees of its reasonable obligation to avoid wanton and willful acts that may lead to injury, or damages, including death. By execution of this Agreement, the UNDERSIGNED EXPRESSLY AGREES NOT TO SUE the Releasees, on behalf of the child, and ACKNOWLEDGES AND AGREES that the UNDERSIGNED is releasing any and all rights to make a claim or file a lawsuit against the Releasees, as a result of his/her or his/her child’s travel and his/her participation therein, however the same may occur except for claims based on the intentional and willful and wanton actions of the Releasees.
8. AGREE that if the participant is a minor, the UNDERSIGNED parent/legal guardian acknowledges that he/she is signing this release on behalf of the minor child, and that the minor child shall be bound by the terms of this Agreement. Further, by signing this Agreement as the parent or legal guardian of the minor child, the parent/ legal guardian understands that he/she is waiving certain rights on behalf of the minor child which the minor child may have, and that the parent/legal guardian is at least 18 years of age, is parent/legal guardian of the child, and has full legal authority to act on behalf of such child. This Agreement shall be binding to the fullest extent of the law. If any part of this Agreement is found to be unenforceable, the remaining terms shall survive and shall be enforceable. This Agreement shall be binding upon the successors, assigns, personal representatives and executors, next of kin and heirs of the UNDERSIGNED, and the child. This Agreement shall be governed by Colorado laws, and jurisdiction and venue shall be in the Gunnison County, Colorado.
I HEREBY RELEASE, discharge, and covenant not to sue the Releasees from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue/first aid operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost which may incur as a result of such claim.
Read this document carefully before signing as it LIMITS YOUR RIGHTS.
I have read and understand the foregoing Waiver of Liability, fully understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be complete and unconditional release of all liability to the greatest extent allowed by law.
Checking the box is deemed signature and acceptance of this agreement.
I AGREE that I the participant or guardian of the participant/s will not attend in-person, or allow any participant I am responsible for to attend in-person, classes/workshops/events/rehearsals if I or they experience any of the following; headache, sore throat, fever, dry cough, cough, recent inability to taste/smell, shortness of breath, ear aches, body aches, diarrhea, fatigue, vomiting, abdominal pain.
I UNDERSTAND THAT a child or any participant may be removed from class should they be found to be ill or report feeling ill or report experiencing any of these symptoms including; headache, sore throat, fever, dry cough, cough, recent inability to taste/smell, shortness of breath, ear aches, body aches, diarrhea, fatigue, vomiting, abdominal pain.
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