WAIVER OF LIABILITY AND ASSUMPTION OF THE RISK
IN CONSIDERATION of being permitted to participate in any dance activities and/or other activities with Pennsylvania Ballet Conservatory LLC (“PBC”), I agree to the following:
I acknowledge and fully understand that dance activities have inherent risks of serious accident, loss, damages, injury, or death, as well as the attendant social and economic losses. I understand that such injury and/or losses might result not only from the actions of myself/my child/the minor child for whom I am a legal guardian while participating in PBC activities (hereinafter “Participant”), but also from the action, inaction, or negligence of others, the condition of the premises, or any equipment used and, further, that there may be risks not known to me or not reasonably foreseeable. Being fully aware of the existence of said known and unknown risks, I consent to have Participant participate in the programs, classes, and activities offered by PBC. For purposes of this Waiver of Liability and Assumption of the Risk, I acknowledge and agree that the terms “activity” or “activities” as they are used herein shall be given their broadest meanings and include, but are not limited to, dance lessons, dance performances, and spectating or supervising dance lessons or dance performances.
Participant voluntarily participates in activities offered by PBC, and I sign my name below so that Participant may participate. I can choose not to sign this agreement by choosing for the Participant not to participate.
I agree that if anything happens to Participant while participating in an activity offered by PBC, including injury to or death of Participant, I release PBC and each of its owners, agents, volunteers, assistants, employees, guest artists, faculty members, and/or students, and all other persons or entities acting in any capacity on PBC’s behalf (collectively, the “Released Parties”) from any and all liability, claims, demands, or causes of action whatsoever relating to injury, death, or damage to property caused or alleged to be caused in whole or in part by Released Parties or any third party that may arise out of or in connection with Participant’s participation in any classes or activities offered by PBC. I agree that this waiver and release extents to my heirs and assigns.
I further covenant not to sue the Released Parties and waive all rights for any liability, claims, demands, or causes of action whatsoever relating to injury, death, or damage to property caused or alleged to be caused in whole or in part by Released Parties or any third party that may arise out of or in connection with Participant’s participation in any classes or activities offered by PBC. I agree that this waiver and release extents to my heirs and assigns.
I agree to indemnify, defend and hold all Released Parties harmless from all claims, judgments, expenses and costs, including but not limited to attorneys’ fees, incurred in connection with any claims brought as a result of Participant’s participation in a PBC activity. I intend this agreement to be effective whether or not any accident, loss, damage, injury or death results from the negligence of any of the Released Parties. I understand that negligence means a failure to do an act which a reasonably prudent person would do, or the doing of an act which a reasonably prudent person would not do, under the same or similar circumstances, to protect himself or herself, or others, from accident, injury or death.
In the event of sudden illness, accident, or injury which may occur while Participant is engaged in a PBC activity, and if an emergency contact is unable to be reached, I hereby give my consent for emergency medical treatment as shall be necessary under the circumstances by any licensed medical provider. If Participant is injured while participating in a PBC activity, I agree that anyone who provides medical assistance to Participant shall not be liable if they cause Participant’s death, increase Participant’s injury, or cause additional injury to Participant.
If I am signing this waiver on behalf of a minor child, I certify that I am the parent or legal guardian and have the right to waive these rights.
I accept full responsibility for ensuring that Participant has adequate health and accident insurance coverage. By signing this statement, I declare that the Participant is in good health, with no physical conditions that might prevent my/her/his participation in strenuous and rigorous dance activities.
Participant agrees to be solely responsible for my/her/his own safety and to take every precaution to provide for my/her/his own safety and well-being while participating in activities at the Facility.
I understand that I should be aware of Participant’s physical limitations and agree not to exceed them.
I understand and acknowledge that because of the physical nature of dance, there may be physical contact between directors, employees, staff, company members, instructors and students during rehearsals, shows, workshops, productions, and especially during dance instruction. I understand that at times for proper instruction and safety, physical contact is required and necessary.
I voluntarily agree that, for no additional consideration, PBC shall have the right to use photographs of Participant for publicity purposes.
I agree that this Waiver of Liability and Assumption of the Risk shall be governed by the laws of the Commonwealth of Pennsylvania, and any legal action relating to or arising out of this Waiver of Liability and Assumption of the Risk shall be commenced exclusively in the state or federal courts located in Allegheny or Washington Counties in the Commonwealth of Pennsylvania.
I have read, understand and approve this Waiver of Liability and Assumption of the Risk I additionally warrant and represent that I understand this Waiver of Liability and Assumption of the Risk, its significance, and the assumption of risk. I further expressly agree that the foregoing Waiver of Liability and Assumption of the Risk is intended to be binding and inclusive as is permitted by and shall be governed by the laws of the Commonwealth of Pennsylvania and that if any portion thereof is held invalid, it is agreed that the balance of this Waiver of Liability and Assumption of the Risk shall continue in full legal force and effect. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE WAIVER OF LIABILITY AND ASSUMPTION OF THE RISK and further agrees that no oral representation, statements, or inducement apart from the legal written agreement has been made. My signature is proof of my intention to execute a complete and unconditional waiver all liability on behalf of Participant, to the fullest extent of the law.
I have read, understood, and agree to be bound by the above statements:
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Pennsylvania Ballet Conservatory LLC (“PBC”) has put in place preventative measures to reduce the spread of COVID-19; however, the PBC cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending PBC could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending PBC and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at PBC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, PBC employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at PBC. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless PBC its employees, agents, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of PBC its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any PBC program.
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