RELEASE, WAIVER, CONSENT, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
By executing this Agreement, you will waive certain legal rights, including the right to compensation. Please read carefully:
In consideration of KOOTENAY DANCEWORKS which includes its officers, directors, employees, agents, representatives, affiliates, successors and assigns allowing the above-named student (the “Student”) to participate in KOOTENAY DANCEWORKS programming (the “Program”, which term includes in-studio and online distance learning),
I, the undersigned, hereby agree to all the following terms and conditions:
1. I am aware and understand that despite precautions taken by KOOTENAY DANCEWORKS, there are potential risks, including without limitation, risks of serious injury, disability, death or property damage, which may result from my participation in the Program and/or activities associated with the Program;
2. I am also aware of the contagious nature of bacterial and viral diseases, including the 2019 novel coronavirus disease ("COVID-19") (collectively "the "Diseases"), and the risk that despite precautions taken by KOOTENAY DANCEWORKS, I may be exposed to or contract COVID-19 or any of the Disease(s) by participating in the Program, which may result in serious illness, personal injury, disability, or death;
3. I acknowledge that I am voluntarily participating in the Program with my knowledge of the dangers involved and hereby accept and assume all risks of injury, illness, disability, death or property damage, known and unknown, arising from my participation in the program, whether caused, in whole or in part, by the negligence of KOOTENAY DANCEWORKS or otherwise, and assume all responsibility for any losses, costs, and/or damages for any injury, illness, disability or death suffered by me or to my property by any means as a result of my participation in the Program and/or activities associated with the Program;
4. I hereby expressly waive, release and forever discharge any and all claims or actions I or anyone claiming through or on either of our accounts may now or in the future have against KOOTENAY DANCEWORKS for any injury, illness, disability, death, property damage or loss that I may sustain as a result of my participation in the Program and any activities associated with the Program, whether caused, in whole or in part, by the negligence of the KOOTENAY DANCEWORKS or otherwise, including without limitation, breach of contract, or breach of any statutory or other duty of care, or any other failure by the KOOTENAY DANCEWORKS to safeguard or protect me;
5. I confirm that I am in good health, in proper physical condition to enable participation in the Program and any activities associated with the program and certify that I have not been diagnosed with COVID-19 or, if I have been so diagnosed, that I have been advised by a medical professional that I am no longer contagious. I agree to comply with all federal, provincial and local laws, orders, directives and guidelines related to COVID-19 and/or other Diseases while participating in the Program. I agree to follow all instructions, recommendations and cautions of KOOTENAY DANCEWORKS at all times during participation in the Program. If at any time I believe the conditions to be unsafe or that I am no longer in proper physical condition to participate in the Program, I will immediately discontinue further participation in the Program. I confirm that if I begin experiencing symptoms of COVID-19, including but not limited to fever, difficulty breathing, pneumonia or cough, I will immediately discontinue further participation in the Program until I have been advised by a medical professional that I am no longer contagious;
6. I agree to indemnify and hold harmless KOOTENAY DANCEWORKS against any and all claims, including all costs, expenses, fees, disbursements, losses, claims, actions, damages, judgments, interest, penalties, fines, obligations or liabilities of any kind or nature whatsoever (including without limitation, legal fees on a solicitor and client basis) which may be imposed on, incurred by or asserted against the KOOTENAY DANCEWORKS by me or anyone claiming through or on either of our accounts on behalf of the Student in respect of or arising out of the Student’s participation in the Program and any activities associated with the Program;
7. I give permission to KOOTENAY DANCEWORKS to authorize medical care and treatment in emergency situations. I understand that KOOTENAY DANCEWORKS will make every reasonable effort, in the circumstances, to reach my Emergency Contact if an emergency arises. In the event that my contact cannot be reached in an emergency, I hereby give consent to medical care and treatment as reasonably necessary. This release and indemnity extends to any liability arising out of or in any way connected with any medical care or treatment and/or transportation provided in the event of emergency;
8. I acknowledge and agree that I am not relying upon any representations or statements made by KOOTENAY DANCEWORKS with respect to the safety of participating in the Program and any activities associated with the Program and have made my own assessment with respect to the safety and risks associated with participating in the Program and activities associated with the Program.
9. I confirm that I am the full age of eighteen (18) years; and
10. I acknowledge that I have read this Release, Waiver, Consent, Assumption of Risk and Indemnity Agreement, fully understand its terms and conditions, understand that I have voluntarily given up substantial rights by accepting the terms of this Agreement, and confirm I am accepting it freely and without any influence, inducement or assurance of any nature and agree that if any portion of this Agreement is held to be invalid, the balance notwithstanding, shall continue in full force and effect. I agree that this Agreement shall be binding upon me, and my respective successors, representatives, heirs and executors. I acknowledge that I have been informed of my right to obtain independent legal advice as I am giving up important legal rights as a result of accepting the terms and conditions of this Agreement in exchange for my participation in the Program and any activities associated with the Program. I agree that this Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and I agree to attorn solely to the jurisdiction of the courts of the Province of British Columbia.