ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT FOR 
THE DANCE COMPANY, LLC
WITNESSETH:
WHEREAS, The Dance Company, LLC is willing to allow Participant to participate in jazz, hip hop, lyrical, contemporary, ballet, point, musical theater, tumbling, an other types of dance instruction, practice, performances and/or activities by or through The Dance Company, LLC (collectively hereinafter referred to as “Dancing with The Dance Company, LLC”) upon the condition that Participant sign and execute this Assumption of Risk, Waiver of Liability, and Indemnity Agreement for The Dance Company, LLC;
NOW THEREFORE, for good and valuable consideration, the receipt of which the Participant hereby acknowledges, the Participant, for himself/herself and his/her heirs, successors, and assigns, does hereby acknowledge and agree as follows:
1. Acknowledgement and assumption of the risk. Participant understands, appreciates and acknowledges that dancing is an inherently dangerous activity, which is accompanied by a substantial risk of physical or emotional injury, death, paralysis, loss, or damage to self, property, and third parties which might result not only from Participant’s own actions, inactions, or negligence, but from the actions, inactions, or negligence of others. The risks include, but are not limited to the nature of the activity, acts of other participants, Participant’s own physical condition, acts or omissions; the conditions of the grounds where performances, instructions, or practices are held; and the unavailability of immediate emergency medical care.
PARTICIPANT HEREBY EXPRESSLY AGREES AND PROMISES TO ACCEPT AND ASSUME ALL THE RISKS ASSOCIATED WITH PARTICIPANT DANCING WITH THE DANCE COMPANY, LLC, including, without limitation, those set forth herein above, even if the risks arise out of the negligence or fault of The Dance Company, LLC or its directors, administrators, officers, managers, employees, coaches, trainers, volunteers, sponsors , organizers, advertisers, or agents. Participant’s Dancing with The Dance Company, LLC is purely voluntary, and Participant elects to participate in spite of the risks involved therein. Participant hereby assumes full and complete responsibility for any injury or accident which may occur as a result of Dancing with The Dance Company, LLC.
2. Representation as to Physical Health. Participant hereby represents and warrants to The Dance Company, LLC, that he or she is in proper physical condition to Dance with The Dance Company, LLC and has no illness, disease or existing injury or physical defect that would be aggravated by his or her participation. Participant shall inform his or her instructor if this status changes. Participant hereby agrees and acknowledges that he or she shall be responsible for any and all medical expenses arising from Dancing with The Dance Company, LLC and while traveling to and from these events.
3. Release and Waiver of Liability. Participant hereby knowingly and voluntarily releases, forever discharges, and agrees to defend with counsel of The Dance Company’s, LLC, choosing, and to indemnify and hold harmless The Dance Company, LLC and its owners, directors, administrators, officers, managers, employees, instructors, trainers, volunteers, sponsors, organizers, advertisers, agents, servants, representatives, and persons or entities associated directly or indirectly
This Assumption of Risk, Waiver of Liability, and Indemnity Agreement for The Dance Company, LLC is made and entered into this _______ day of ____________, 20___, by _________________________________, on behalf of my minor child __________________________________(hereinafter referred to as “Participant”) being allowed to participate in jazz, hip hop, lyrical, contemporary, ballet, point, musical theater, tumbling, or any other types of dance instruction, practice, performance and/or activity by or through the Dance Company, LLC, an Idaho assumed business name.
RELEASE, ACKNOWLEDGMENT AND ASSUMPTION OF RISK - 1
with The Dance Company, LLC (the “Releasees”) from any and all claims, causes of action, injuries, damages, lawsuits, liens, judgments, losses and expenses, including, without limitation, attorneys’ fees and costs of litigation, which are in any way connected with or incidental to, or which in any way arise from or relate, directly or indirectly, to Participant’s Dancing with The Dance Company, LLC, wherever or however the same may occur, and whether or not said claims arise from the alleged negligence, negligence per se, gross negligence, intentional recklessness, or willful act or omission of Releasees, Participant further agrees that Releasees shall not be responsible for any loss or theft of Participant’s personal property regardless of whether such loss occurs on the premises of the Dance Company, LLC.
4. Liability to Third Parties. Participant hereby agrees that he or she will indemnify and hold harmless the Releasees for all personal injuries, property damages, or other damages to any and all third parties, including but not limited to other participants in The Dance Company, LLC classes, performances, and activities, which in any way arise from or relate, directly or indirectly, to Participant’s Dancing with The Dance Company, LLC, wherever or however the same may occur, and whether or not said claims arise from the alleged negligence, negligence per se, gross negligence, intentional recklessness, or willful act or omission of Releasees.
5. Indemnification of Releasees for Property Loss or Damage. Participant hereby agrees that it shall be liable for, and agrees to indemnify and save Releasees harmless from, and to reimburse Releasees for any expenses incurred relative to, any loss of or damage to the Releasees’ property, including without limitation, any equipment, buildings, or vehicles, which in any way arise from, relate to, are brought as a result of, or are caused by, whether directly or indirectly, Participant’s Dancing with The Dance Company, LLC, wherever or however the same may occur.
6. Rules and Regulations. Participant agrees that prior to, and during the entire time that Participant is Dancing with The Dance Company, LLC, Participant shall diligently observe and follow all applicable laws, rules and regulations of the Dance Company, LLC, or otherwise.
7. Supervision. I understand that the Dance Company is not responsible for Participant before and after his or her scheduled class or performance, even if the Participant is on the Dance Company, LLC premises. The Dance Company, LLC will only provide supervision of Participants while participating in pre-scheduled dance activities, programs, or instructions.
8. Conduct. Participant agrees that he or she shall use appropriate attire at all times when Dancing with The Dance Company, LLC, Participant shall not be under the influence of, nor use alcoholic beverages or unlawful drugs at any time while Participant is Dancing with The Dance Company, LLC, nor shall Participant use any legal drugs which would in any way impair Participant’s alertness or physical ability.
9. Insurance. Participant hereby certifies that he or she has adequate insurance to cover any injury or damage that he or she may cause or suffer while Dancing with The Dance Company, LLC, or alternatively, Participant agrees to personally bear the costs of such injury or damage. Participant understands that The Dance Company , LLC does not provide accident, health, or life insurance coverage for the Participant.
10. Emergency Care and Medical Release. Participant hereby consents to The Dance Company, LLC and its directors, administrators, officers, managers, employees, coaches, trainers, volunteers, sponsors, organizers, advertisers, agents, servants, representatives and persons or entities associated directly or indirectly with The Dance Company providing emergency care and/or rendering immediate aide to Participant as might be required at the time for Participant’s health and safety. Participant further consents to all medical and surgical treatment, x-ray, laboratory, anesthesia, and other medical and/or hospital procedures as may be performed or prescribed by the attending physician and/or paramedics for Participant’s immediate health and safety.
11. Attorney Fees. Should The Dance Company, LLC or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, Participant agrees to indemnify and hold The Dance Company, LLC harmless for all such fees and costs.
RELEASE, ACKNOWLEDGMENT AND ASSUMPTION OF RISK - 2
12. Choice of Law. In the event Participant files a lawsuit against The Dance Company, LLC, Participant agrees to do so solely in the State of Idaho, County of Kootenai, and further agrees that the substantive law of the state of Idaho shall apply in that action without regard to the conflict of law rules of the state of Idaho.
13. Severability. BY SIGNING THIS DOCUMENT, PARTICIPANT ACKNOWLEDGES THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED WHILE PARTICIPANT IS DANCING WITH THE DANCE COMPANY, LLC, PARTICIPANT MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED HIS OR HER RIGHT TO MAINTAIN A LAWSUIT AGAINST RELEASEES ON THE BASIS OF ANY CLAIM FROM WHICH PARTICIPANT HAS RELEASED THEM HEREIN. Participant further agrees and acknowledges that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of Idaho, and that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect to the maximum extent permitted by law.
14. Use of Photos. Participant gives his/her full permission to The Dance Company, LLC and any and its owners, directors, administrators, officers, managers, employees, coaches, trainers, volunteers, sponsors, organizers, advertisers, agents, servants, representatives, and persons or entities associated directly or indirectly with The Dance Company, LLC to take and use photographs, videotapes, or other recordings of Participant for record-keeping, advertising, and /or public relations projects and that Participant has no rights to the same and will not be compensated for the same.











PARTICIPANT, AND PARTICIPANT’S GUARDIAN IF PARTICIPANT IS A MINOR, HEREBY RESPECTIVELY ACKNOWLEDGES THAT HE OR SHE HAS HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT AND TO ASK QUESTIONS RELATIVE THERETO, HAS READ AND UNDERSTANDS THE TERMS, PROVISIONS, CONDITIONS, AND RELEASES AND WAIVERS AND AGREES TO BE BOUND BY ALL TERMS, PROVISIONS, CONDITIONS, RELEASES AND WAIVERS HEREIN.
“Participant”
Signature: ______________________________________________________

Printed Name:___________________________________________________

Address:________________________________________________________

Phone: _________________________________________________________
Date: __________________________________________________________


Parents or Guardians Additional Indemnification
(Must be completed for Participants under the age of 18)
I hereby represent that I am the authorized parent or guardian of Participant, and as such, that I am legally responsible for the actions or inactions of the Participant, including, but not limited to, any damage to private or public property, and that I am legally responsible for the Participant’s welfare, including personal needs and medical expenses. By signing this Assumption of Risk, Liability Waiver, and Indemnification Agreement for The Dance Company, LLC. I, both individually, and on behalf of the Participant, acknowledge that I have read this Assumption of Risk, Liability Waiver, and Indemnification Agreement for the Dance Company, LLC and understand all of its terms, and agree to be bound thereby. I sign this Assumption of Risk, Liability Waiver, and Indemnification Agreement for The Dance Company, LLC voluntarily and with full knowledge of its significance. By signing this document, I acknowledge that if anyone is hurt, or property is damaged during my child’s Dancing with The Dance Company, LLC, a court of law may find me and/or my child to have waived our right to maintain a lawsuit against The Dance Company, LLC and its owners, directors, administrators, officers, managers, employees, coaches, trainers, volunteers, sponsors, organizers, advertisers, and other agents, estates or executors.

RELEASE, ACKNOWLEDGMENT AND ASSUMPTION OF RISK - 3
PARENT OR GUARDIAN SIGNATURE:
Signature: ______________________________________________________ 

Printed Name:___________________________________________________

Date:___________________________________________________________

Phone: _________________________________________________________
RELEASE, ACKNOWLEDGMENT AND ASSUMPTION OF RISK - 4