This Participant Agreement has been approved by Divine Inspirations Center for the Arts- Home of Divine
Dance Company and its Staff for use at all events held or sponsored by the Divine Inspirations Center for the Arts- Home of Divine Dance Company and/or any of the staffing members. You are releasing rights for yourself by initialing and/or executing this form.
PLEASE READ CAREFULLY.
In consideration for participation in the dance classes and events held or sponsored by one or more of the Entities (hereafter defined), and the use of the property, facilities and services of one or more of the Entities and the facility at which the event is held (“Facilityâ€), the above-named participant registering as the participant, hereby covenants and agrees to the following (please initial that you understand):
A. I freely acknowledge that I have or will voluntarily register myself to participate in the dance class(es) held/sponsored by The Divine Inspirations Center for the Arts- Home of Divine Dance Company Entities (hereafter defined), which include, but are not limited to include, dance, majorette or a combination of all or some additionally, gymnastics, stunting, jumping, and tumbling components (collectively the “Activitiesâ€). I acknowledge that my participation in the Activities entails both known and unanticipated risks that could result in serious and permanent physical and emotional injuries to myself, death for myself, damage to property, and injury to others including, without limitation, the risks of physical or emotional injury, sickness, death, property damage, falls, collisions with people and stationary objects, the unavailability of emergency medical care, and/or the negligence and/or deliberate act of another person. I understand that such risks are inherent in the Activities and that even with precautions and safety measures they cannot be eliminated without jeopardizing the essential qualities of the Activities. I also understand and acknowledge that injuries I receive may be compounded or increased by negligent rescue operations. I understand that the Entity Representatives (hereafter defined) shall have no obligation to provide medical assistance in the event an injury occurs during the event. Understanding such dangers, I hereby knowingly and voluntarily enroll myself in events held/sponsored by one or more of the Entities. I give my permission for myself to engage in the dangerous Activities described above, and I assume the risk of the Activities. I understand that I do not have permission to participate in the Activities at an event held/sponsored by one or more of the Entities without agreeing to the terms and conditions of this Participant Agreement. I acknowledge that this Participant Agreement applies, without limitation, to any other risks encountered before, during or after the Activities, whether or not the Participant knows or expects them to exist at the time of signing this Participant Agreement, including, but not limited to, driving to or from the Activities, being present in any facility at which the Activities are held, slips, falls, stairs, exits, entrances, fire and/or any other occurrence or event, known or unknown.
B. I represent that I am in good health and that no condition of mine would constrain me from safely participating in the Activities. I understand that failure to provide information of any health condition that would constrain me from participating could result in serious injuries or death for myself. I agree to bear the costs of any injury or damages I may suffer while participating in any event held/sponsored by any of the Entities. I hereby authorize any Entity holding/sponsoring an event, or representatives of any of said Entities, to call for medical care for myself if in the opinion of such personnel or my coach medical attention is needed.
C. Participant hereby knowingly and voluntarily releases and forever discharges the Entities and the owners, lessees, managers and licensees of the Facility, all of their respective employees, agents, coaches, instructors, assistants, officers, directors, owners, members, managers, shareholders, contractors and any other representative or affiliate, and their respective heirs, personal representatives, successors and assigns (collectively with the Entities, the “Entity Representativesâ€) from (1) any and all acts of active or passive negligence on the part of any one or all of the Entity Representatives, and (2) any and all liabilities, claims, causes of action, suits, controversies, judgments, demands, injuries, sickness, damages (consequential, incidental or otherwise), costs, expenses, attorneys’ fees, and any other legal, equitable or administrative actions or proceedings whatsoever, in tort, contract or otherwise, known or unknown, accrued or unaccrued, arising out of or related to the Activities, the Facility, the Participant, the Participant’s use of the Facility, the Participant’s involvement in the Activities, whether caused by negligence or otherwise, and any other matter or thing whatsoever arising out of or relating to this Participant Agreement, including without limitation, those based on death, physical injury, emotional injury and/or property damage (collectively “Lossesâ€).
The term “Entity†or “Entities†as used in this Participant Agreement means in each case, individually and collectively, Divine Inspirations Center for the Arts- Home of Divine Dance Company, and the staff members and all affiliates, parents, teachers, Divine Inspirations Center for the Arts- Home of Divine Dance Company and subsidiaries.
D. Participant hereby agrees and shall indemnify, defend (with counsel acceptable to the Entity or Entities subject to liability) and hold each and every one of the Entity Representatives, jointly and severally, harmless from and against any and all Losses, including, but not limited to, any challenge by the Participant to this Participant Agreement or any provision hereof.
E. Participant expressly agrees that the assumption of risk, releases, waivers, and indemnification obligations contained herein are intended to be complete, unconditional, and as broad and inclusive as permitted by the laws of Virginia and any other jurisdiction whose laws apply to this participant agreement. This participant agreement cannot be amended by any oral statements or other writings and is binding on the participant and the participant’s heirs, successors, distributes, guardians, legal representatives, and assigns. A faxed, scanned, or electronic signature shall be binding in lieu of the original. This participant agreement shall be effective for a twelve (12) month period from the date of signature/acceptance. Participant waives trial by jury in any action or proceeding arising out of or related to this participant agreement.
