WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in DANCE AND FITNESS CLASSES (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge ANNIE BENZ, LLC DBA THE BODY BARRE AND RCDT, located at 17 Cronin Rd, Queensbury, New York 12804, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, ORFROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Annie Benz, LLC DBA The Body Barre and RCDT to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Annie Benz, LLC DBA The Body Barre and RCDT official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Annie Benz, LLC DBA The Body Barre and RCDTAND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHTTHATIOTHERWISEHAVETOBRINGALEGALACTIONAGAINST AnnieBenz,LLCDBA The Body Barre and RCDT FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Annie Benz, LLC DBA The Body Barre and RCDT, its agents, and employees.
I agree that this Release shall be governed for all purposes by New York law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and
Annie Benz, LLC DBA The Body Barre and RCDT agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, the person(s) listed in the registration information will be contacted.
PARTICIPATION IN ANY ACROBATIC OR CIRCUS ACTIVITES
All of our staff instructing any Acro or Circus classes is either trained through the highly recognized Acrobatic Arts program or are seasoned gymnastics coaches with experience in spotting.
Acrobatic Arts runs training and certification courses for dance teachers in the art of AcroDance and Aerial Arts. The program is based on safe and effective progressions with proven results in five divisions of AcroDance: Flexibility, Strength, Balancing, Limbering and Tumbling. Developed with input from professionals and experts in ballet, modern dance, jazz, contortion, artistic gymnastics, rhythmic gymnastics, sport acrobatics, yoga, acro yoga, pilates, physiotherapy, hand balancing and more, you will not find a more comprehensive program. Simple thoughtful progressions take the beginner preschool level dancer from log rolls and somersaults to the advanced dancer tumbling effortlessly across the stage!
By enrolling your dancer in Acro or Circus/Aerial Arts, you understand your dancer will participate in skills that may involve hands on spotting. Spotting is used to allow dancers to enter into skill sets with assistance for safety purposes. Spotting will put pressure on the dancers body where there is contact and can result in scratches or bruises.
RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreementâ€)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
THE BODY BARRE and its directors, officers, employees, instructors, agents, representatives,
volunteers, independent contractors, subcontractors, sponsors, successors and assigns, as well as the owners, lessees and occupiers of any premises on which The Body Barre conducts its business (hereinafter
collectively referred to as the “Releaseesâ€).
ASSUMPTION OF RISKS
I am aware that acrobatics and acrobatic dance instruction, aerial arts/circus arts, and participating in acrobatics and acrobatic dance instruction lessons, clinics and sessions, including, but not limited to, teacher training and certification courses, student acrodance exams, student workshops and demonstrations, performing gymnastic, acrobatic or dance maneuvers with or without hand spotting (including inversions and airborne maneuvers)(the “Activitiesâ€) involve many risks, dangers and hazards including, but not limited to: collisions with instructors or other participants; being dropped by instructors or other participants; falling while demonstrating gymnastic, acrobatic or dance maneuvers; slipping or falling on equipment (including, but not limited to, mats, hand balance canes, aerial hoop and/or aerial silk); the risk of serious personal injury including, but not limited to, brain injury, spinal cord injuries including
paraplegia and quadriplegia, bone breaks and fractures, soft tissue injuries; loss of balance or control; slips, trips and falls; accidents occurring while participating in the Activities; negligent first aid; failure to act safely or within one's own ability; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees being able to participate in the Activities and to access the Premises on which the
Activities are carried on (hereinafter "the Premises") I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES,
and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury
including death that I may suffer, or that my next of kin may suffer, as a result of my participation in the
Activities, and my use of or my presence on the Premises, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, RSA 2000, c O-4, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in the Activities and my use of or presence on the Premises;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the Activities and the Premises other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS
AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS,
ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
I, THE PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY ENTERING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM AGREEING TO IT OF MY OWN FREE WILL.
PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release is hereby agreed by the registering parent or guardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of the participant, and do hereby give my consent without reservation to the foregoing on behalf of this individual.
HOLD HARMLESS AGREEMENT
The undersigned participant or guardian thereof, hereby understands, acknowledges and agrees that Annie Benz, LLC d/b/a The Body Barre and RCDT, its owners, instructors, and staff, is/are not liable for any bodily injury sustained by the participant, and/or any property damage sustained by the participant arising out of, resulting from, in whole or in part, the activities of, or the premises on which such activities are performed. All activities performed by the participant at The Body Barre are performed wholly at participant’s own risk of bodily injury or harm and/or property damage.
