RELEASE OF LIABILITY AND ACKNOWLEDGE OF RISK READ CAREFULLY BEFORE SIGNING - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participating in any DANCE CLASS, WORKSHOP, REHEARSALS AND/OR PERFORMANCE organized by BALANCE DANCE PROJECT, of Sacramento, CA and/or use of the property, facilities and services of BALANCE DANCE PROJECT.
I, ____________________________, acknowledge, appreciate, and agree that:
1) As with any athletic activity, risk of serious injury does exist from the activities involved in
2) this program is significant, including the potential for permanent paralysis and death, and,
3) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge BALANCE DANCE PROJECT, it’s owners, agents, volunteers, assistants, employees, guest artists, faculty members, and students for injury, loss or damage arising out of my or my family's use of or presence upon the facilities utilized by BALANCE DANCE PROJECT whether caused by the fault of myself, my family, BALANCE DANCE PROJECT, or other third parties.
4) I agree and acknowledge that I am under no pressure or duress to sign this Agreement, and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire, and,
5) I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by BALANCE DANCE PROJECT, it’s owners, agents, volunteers, assistants, employees, guest artists, faculty members, and students.
6) I agree to indemnify and defend BALANCE DANCE PROJECT, it’s owners, agents, volunteers, assistants, employees, guest artists, faculty members, and students against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or
presence upon the facilities utilized by BALANCE DANCE PROJECT.
Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
This Agreement and each of its terms are the product of an arm's length negotiation between the
Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
TRANSPORTATION PERMISSIONS AND WAIVER
I also understand that private drivers, which may include my child, a teacher, a coach, a parent of another student/dancer participating in the activity, may be used to transport students/dancers to and from the activity. The BALANCE DANCE PROJECT insurance does not cover damages arising from, or related to, the operation of any private vehicle, failure to follow the directed driving route, or any personal negligence related to this activity. Any damages/harm/death resulting from a teacher, a coach, a parent of another student/dancer or other designated driver, arising from the operation of a motor vehicle in relation to the above listed activity, is hereby waived. By signing this waiver I hereby give permission for my child to ride in a vehicle to and from the activity with a teacher, a coach, a parent of another student/dancer or designated driver.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Printed Name: ________________________________________
Signature _________________________ Date: _____________________________
I hereby warrant that I am a legally competent adult and a parent or legally appointed guardian of the ______________________ (name of minor), and that I have every right to contract for the minor in the above regard. I state further that I have read and understand the above release and agreement, prior to its execution. This release shall be binding upon the minor and me, and our respective heirs, legal representatives, and assigns.
Parent or Legal Guardian Name: ________________________________________ Parent or Legal Guardian Address: ________________________________________ Parent or Legal Guardian Signature:_________________________