WAIVER AND RELEASE AGREEMENT
The Artist Collective LLC
This Waiver and Release Agreement (“Agreement”) is made by the undersigned, or if the undersigned is under the age of 18 years, then the undersigned’s parent or legal guardian, together with any his/her heir, successor, representative or assign (collectively “Participant”) and Artist Collective LLC, a California limited liability company and Kristen Robinson, individually, together with their affiliates, members, managers, officers, directors, employees, partners, shareholders, sponsors, contractors, agents, successors and assigns (collectively “TAC”) in connection with Participant’s observation or use of TAC’s facilities or equipment or participation in any onsite or off-site class or program affiliated with TAC (collectively the “Program”).
REPRESENTATIONS OF PARTICIPANT
Regarding Participant's involvement and participation in the Program or any other event which may relate to the Program, Participant hereby certifies, warrants, represents, agrees and covenants to TAC as follows:
(1) Participant has no mental or physical condition, ailment or injury, including, but not limited to those to the head, neck, back, knees, legs, heart or lungs, which could, in and of itself or in conjunction with any other circumstance, including but not limited to those activities associated with the Program, impair or prohibit Participant from engaging in the Program, or be affected, aggravated or made worse in any way as a result, directly or indirectly, of Participant's involvement in the Program;
(2) Participant has inspected TAC’s premises, equipment, facilities, class and Program and accepts the same as being safe and reasonably suited for the use of or participation by Participant;
(3) Participant has not received any representations or warranties of any kind by TAC or TAC’s employees or personnel regarding the Program, anticipated results of Participant’s participation in the Program or Participant’s ability to participate in the Program, other than those contained in this Agreement;
DISCLAIMER BY TAC.
Participant uses TAC’s premises and equipment at Participant’s sole risk. TAC does not represent or warrant that its services will be uninterrupted, secure or negligence free; nor does it make any representation or warranty as to the results that Participant may obtain or achieve from his/her participation in the Program, or as to the accuracy, reliability, security or content of any information or service contained in or provided through the Program, other than as stated in this Agreement.
COVID-19 NOTICE AND WAIVER
In accord with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the California Department of Public Health (CDPH) and the Los Angeles County Department of Public Health regarding slowing the transmission of Novel coronavirus ("COVID-19"), Participant shall not visit or utilize the facilities, services, classes or Program of TAC (other than exclusively online services, classes and programs) within 14 days after: (1) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice; (2) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice; or, (3) exposure to any person who has a suspected or confirmed case of COVID-19.
Participant shall not visit or utilize the facilities, services, classes or Program of TAC if he/she has symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or any other symptom of a suspected or diagnosed/confirmed case of COVID-19.
TAC shall make reasonable efforts to comply with the recommendations and guidelines of these public health agencies regarding COVID-19 for the health and safety of Program participants. Participant shall comply with all such procedures prior to and during use of TAC’s facilities, services, classes and Program.
There are dangers in Participant’s utilizing TAC’s facilities, services, classes and Program in light of COVID-19. Despite TAC’s reasonable efforts to mitigate such dangers, Participant may be exposed to and/or contract COVID- 19, which could result in quarantine requirements, serious illness, disability, and/or death.
TAC’s protocols for dealing with COVID-19 include, but are not limited to: lobby areas will be closed (drop-off and pick-up only during this time); barres, mats and equipment will be sanitized between class; teachers and staff will wear masks while teaching; body temperature will be checked before entering the studio; students will wear masks while entering, exiting and utilizing the space and windows and doors that open to the outside will be propped open during classes for maximum airflow.
PHYSICAL CONTACT WITH PARTICIPANT.
TAC’s instructors may correct dancers by touching their heads, arms, legs, feet, hips, back and other body parts to move them into correct positions. Participant acknowledges that this is a common standard in dance instruction and understands that it is his/her responsibility to communicate clearly with the instructor and/or the director if any form of touch by an instructor is unacceptable to Participant or causes pain or discomfort.
MEDICAL ATTENTION.
TAC is authorized to secure appropriate medical attention for Participant in the event of an unanticipated accident, illness or injury. Participant shall be responsible for any and all costs of such medical treatment. Participant releases, discharge, holds harmless and shall defend TAC from and against any claim which may arise on account of any such first aid, medical treatment, or service rendered in connection with Participant’s participation in the Program.
PARTICIPANT’S PERSONAL PROPERTY.
TAC is not liable for securing or safeguarding Participant’s personal property or personal effects, such as gym bag, jewelry, clothing, money, wallet, purse, eyeglasses, etc. Participant brings such property onto TAC’s premises at Participant’s own and sole risk. TAC is not liable to Participant for the loss of or damage to such property.
ASSUMPTION OF RISK, LIABILITY WAIVER AND INDEMNIFICATION
By executing this Agreement and participating in the Program, Participant agrees and acknowledges that participating in the Program may be dangerous and hazardous and include those dangers mentioned in this Agreement. Participant hereby assumes all such risks associated with his/her Participating in the Program, including, without limitation, slips, falls, sprains, strains, dislocations, soft tissue injuries, musculoskeletal injuries, podiatric conditions, contact with other participants, equipment failures, and COVID-19 infection. Participant expressly and unconditionally assumes all such risks and dangers, known or unknown, foreseen or unforeseen, relating or incidental to Participant's involvement in the Program and any activity associated therewith. Participant hereby releases, forever discharges, holds harmless and agrees to defend TAC from and against any and all such claims or demands, whether based on contract, ordinary negligence (active or passive), tort, including strict liability, fraud or any other legal theory, damages, liabilities, costs and expenses, whether known or unknown, including, but not limited to those arising from death, personal injury or property damage of any kind or nature, arising out of or relating to Participant's involvement in the Program or activities associated therewith.
Participant understands that by signing this Agreement, Participant covenants and agrees that Participant, as well as Participant's heirs, executors, administrators, successors and assigns, waives their rights to institute any suit or action at law, or otherwise, against TAC, or in any way to aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of services, expenses or compensation against TAC for or on account of
any damage, loss or injury either to Participant's person or property, or both, which may arise from Participant's participation in the Program or any other Program associated therewith.
Participant shall indemnify, defend and hold TAC harmless from and against any loss or damages, including reasonable attorneys' fees and costs, incurred or sustained by TAC as a result of Participant's breach of this Agreement, including the assumption of risk and liability waiver terms thereof.
IMAGE RELEASE.
TAC may record, broadcast and otherwise exploit in any and all media throughout the world Participant's activity/performance in the Program and use Participant's name, likeness, voice and biographical information in connection therewith without any further consent of or payment to Participant.
MISCELLANEOUS.
This Agreement may not be altered by action, inaction or course of dealing between the parties. This Agreement may only be altered by a prior written mutual agreement between TAC and Participant. Failure by TAC to object to Participant’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection thereto. In any action or proceeding to enforce or interpret the terms of this Agreement, the prevailing party shall recover its reasonable attorney’s fees.
GOVERNING LAW.
The validity, interpretation, construction and enforcement of this Agreement shall be governed and controlled exclusively by the laws of the State of California. The venue for judicial resolution of such disputes shall exclusively be in the County of Los Angeles, California.