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Atlanta Dance Central – Acknowledgment, Waiver and Release of Liability
Whereas, I have enrolled myself or a child of which I am the legal guardian or custodian over (“the Participant”) in a program with Atlanta Dance Central (hereinafter “ADC”); and
Whereas, I acknowledge that the program will involve physical and strenuous physical activity and dance;
Now, therefore, I acknowledge and agree to the following:
CONDITION OF PARTICIPANT - I acknowledge, agree and affirm that the Participant is in good physical condition and is able to participate in ADC programs.
ACKNOWLEDGMENT OF RISK - I acknowledge and agree that there are risks of harm or injury associated with participation in events and programs with ADC, which could result in bodily injury, partial and/or total disability, paralysis, or more significant injuries, including death. I acknowledge and agree that the risks associated with participation in events and programs with ADC may be the result of, or may be caused by, action, inaction, or negligence of the Participant or of others, including but not limited to, the Released Parties (as defined below).
ACKNOWLEDGMENT OF UNFORESEEABLE RISK: I acknowledge and agree that there may be risks associated with participation in events and programs with ADC that are not foreseeable, and that I do not reasonably foresee at this time.
USE OF PHYSICAL TOUCH: I acknowledge and understand that dance instruction may involve physical contact and corrections from an instructor and fellow students as part of regular class work, and I hereby give permission for the Participant to be taught through the use of such reasonable physical touch.
RELEASE AND WAIVER OF LIABILITY: On behalf of myself and the Participant, as well as our heirs, successors and assigns, I release and waive ADC, its officers, directors, trustees, employees, staff, volunteers, and supervisors, as well as the owner of 920 Woodstock Road, Suite 200 (all together referred to as the “Released Parties”) from any and all liability and/or claims, suits, damages, injury, disability, death, costs and expenses, whether arising before, during or after Participating in activities with ADC, whether described in this Release and Waiver or not, and whether caused by the sole or joint negligence, gross negligence, or tortious act or omission of the Released Parties, or any of them, or any third party (collectively the “Claims”). This Release and Waiver does not apply to the willful misconduct of the Released Parties. I hereby knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule, or common law which may limit the scope of this Release and Waiver.
ASSUMPTION OF THE RISK: I assume full, sole, and complete responsibility for all risks, inherent and otherwise, known and unknown, whether or not described in this Release and Waiver, including, without limitation, risks of, death, personal or bodily injury, disability and/or property damage resulting from, in connection with, or in any way related to, Participant’s activities with ADC.
ACTIONS OUTSIDE OF ADC: ADC does not recommend, condone, or provide any advice regarding practicing or participating in aerial or acrobatic maneuvers outside of the ADC premises, and specifically, does not condone, recommend or prescribe at-home aerial or acrobatic practice. ADC does not advise Participant regarding use of at-home rigging. Any practice completed outside of the ADC premises, including but not limited to practice of aerial or acrobatic maneuvers, rigging, or any other practice or dance of any type, is similarly completed at Participant’s own risk, and Participant assumes the full, sole and complete responsibility for all risks, inherent and otherwise, known or unknown, whether or not described in this paragraph or in this Release and Waiver, including, without limitation, risks of, death, personal or bodily injury, disability and/or property damage resulting from, in connection with, or in any way related to, Participant’s activities with ADC.
USE OF LIKENESS / PHOTO / VIDEO RELEASE: For so long as Participant participates in activities with ADC, and in perpetuity thereafter, I hereby authorize and consent that ADC may use the Participant’s name, voice, photograph, video and likeness by ADC without compensation, and Participant and I hereby waive any cause of action and claim for damages against the Released Parties that arise out of the use of same name, voice, photograph, video and likeness. Participant’s name, voice, photograph, video and likeness may be used by ADC for any non-derogatory purpose (including advertising and promotion) in any media, including without limitation, print, internet and email. This authorization and consent shall be binding upon Participant’s heirs, successors, licensees, agents and assigns.
AGREEMENT NOT TO VIDEO / PHOTOGRAPH: I agree, for the safety and privacy of ADC and its staff and participants, that I will not take photos or videos during ADC classes.
SEVERABILITY: If any provision of this Waiver and Release shall be held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
CHOICE OF LAW: This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Georgia without regard to principles of conflicts of law.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and the Participant pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement is binding upon and inures to the benefit of the parties, their heirs, successors, legal representatives and assigns. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making such waiver.
RIGHT TO REVIEW: By signing below I acknowledge that I have received the opportunity to review this Release and Waiver, that I have the option to review it with an attorney, that I have carefully read and fully understand the contents of this Release and Waiver, that I am giving up substantive legal rights, and that I have not been induced to sign this Release and Waiver by any promise or representation and sign it freely and voluntarily, intending and agreeing to be fully bound by the terms hereof.
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