Viet Steps, LLC Waiver of Liability, and Indemnity Agreement – COVID-19

IN CONSIDATION for being permitted to utilize the services, and programs of Viet Steps and/or for my children listed above to so participate for any purpose, including, but not limited to, observation or use of facilities or equipment, or participation in any off-site program affiliated with Viet Steps. The undersigned, on behalf of himself or herself and such participating children and any personal representatives, heirs and next of kin (hereinafter referred to as “the undersigned”) hereby acknowledges, agrees and represents that he or she has inspected and carefully considered such premises, equipment and facilities and/or the affiliated program and that the undersigned finds and accepts same as being safe and reasonably suited for the use or participation by the undersigned and such participating children.

In addition, the undersigned acknowledges that novel coronavirus (“COVID-19”) infections have been confirmed throughout the United States. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC, for slowing the transmission of COVID-19, the undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize that facilities, services, and programs of Viet Steps within 14 days after exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the countries listed.

The undersigned agrees to check the CDC Travel Health Notices list (https://www/cdc/gov/coronavirus/2019-ncov/travelers/index.html) prior to utilizing the facilities, services, and programs of Viet Steps, on a daily basis if necessary. The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the facilities, services, and programs of Viet Steps is he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify Viet Steps immediately if he or she believes that any of the foregoing access/use restrictions may apply.

Viet Steps has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The undersigned acknowledges and agrees that Viet Steps may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with Viet Steps revised procedures prior to utilizing the facilities, services and programs of Viet Steps. The undersigned further acknowledges and agrees that, due to the nature of the facilities, services, and programs offered by Viet Steps, social distancing of 6 feet per person among children and their caregivers in a childcare setting is not possible. The undersigned fully understands and appreciates both the known and potential dangers of utilizing the facilities, services and programs of Viet Steps and acknowledges that use thereof by the undersigned and/or participating children may, despite Viet Steps' reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER VIET STEPS FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIAPTION IN ANY ON-SITE OR OFF-SITE PROGRAMAFFLIATED WITH MIDWEST DANCE MECHANIX, THE UNDERSIGNED HEEREBY AGREES TO THE FOLLOWING:

THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIAPTING CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND CONVENANTS NOT TO SUE Viet Steps, it owners, directors, officers, employees, volunteers and agents from all liability to the undersigned or such participating children and all personal representations, assigns, heirs, and next of kin of the undersigned or such participating children for any loss or damage, and any claim or demands on accounts of any property damage or any injury to , or an illness or the death of, the undersigned or such participating children (or any person who may contract COVID-19, directly or indirectly, from the undersigned or such participating children) whether caused by the negligence, active or passive, of Viet Steps or otherwise while the undersigned or such participating in any program affiliated with Viet Steps. The undersigned expressly and knowingly waives all rights.

THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS Viet Steps, it’s owners, its directors, officers, employees, volunteers and agents, and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence active or passive, or otherwise while the undersigned or any participating child is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with Viet Steps. The undersigned understands and agrees that Viet Steps is not required to provide insurance to cover the undersigned or such participating children in the event they suffer illness, injury, death property, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with Viet Steps.

The undersigned agrees and acknowledges that use of Viet Steps facilities and services, and participation in Viet Steps programs, may involve inherent danger and risk, including, without limitation the risk of physical illness or injury, death or property damage. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESSS, BOLDILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating children due to negligence, active or passive, or otherwise while in, about or upon the premises of Viet Steps and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with Viet Steps. The undersigned acknowledges that any illness or injuries that the undersigned or such participating children contract or sustain may be compounded by negligent first aid or emergency response of the Releases and waive any claim in respect thereof.

THE UNDERSIGNED further expressly agree that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGRREMENT is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILTIY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS RO INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM VIET STEPS IN CASEOF ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO VIET STEPS THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).

I have read and understand the terms of the Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its term.

RELEASE AND WAIVER OF LIABILITY AGREEMENT
I, on my own behalf and/or as parent or guardian on behalf of the student(s) named in my account, hereby agree to release, indemnify, and hold harmless Viet Steps, LLC, its owners, all employees and agents, all instructors or any person affiliated with Viet Steps, LLC from all liabilities, suits, claims and/or demands of any kind or nature, legal or financial, for injuries to any person or property, whether caused directly or indirectly, in whole or in part, by the negligence or not, arising from or relating to the participation in or observation of any Viet Steps, LLC activity, whether on or off the premises. I understand and agree that the student/participant voluntarily participates in any and all Viet Steps, LLC activities. Such participation in these activities involves certain risks, including the risk and danger of serious bodily injury, which are inherent to and may result from participation and involvement with Viet Steps, LLC and in its various formal and informal activities. These activities include, but are not limited to, dance and gymnastics. In addition, Viet Steps, LLC is not responsible for any lost or stolen property at any time. Anyone found to be violating any of the rules or codes of conduct, or found to be disruptive to either another individual or group, may be asked to leave the premises or off-site location at any time and may be refused re-entrance without any full or partial refund.

MEDICAL AUTHORIZATION AND RELEASE
As the parent/legal guardian of the student(s)/participant(s) listed on my account, I request and authorize that, in my absence, the student(s)/participant(s) be admitted to any hospital or medical facility for diagnosis and treatment. I request and authorize physicians, dentists, and staff, duly licensed as Doctors of Medicine/Osteopathy or Doctors of Dentistry or other such licensed technicians or nurses, to perform any diagnostic procedures, treatment procedures, operative procedures and x-ray treatment of the student(s)/participant(s). I have not been given any guarantee as to the results of examination or treatment. I hereby authorize Viet Steps, LLC, its owners, all employees and agents of these parties to act for the student/participant named below according to their best judgment in providing or arranging for emergency care in any emergency circumstance requiring medical attention. I authorize the hospital, medical or care facility to dispose of any specimen or tissue during the course of any diagnosis, treatment or other normal and customary procedures.

PHOTO RELEASE
I hereby understand and am fully aware that the student(s)/participant(s) named in my account may be participating in Viet Steps, LLC activities in which I and/or the student(s)/participant(s) named in my account may be photographed or videotaped (the Property) from time to time. I hereby irrevocably grant to Viet Steps, LLC perpetually, exclusively, and for all media throughout the world (including print, non-theatrical, home video, CD-ROM, internet and any other electronic medium presently in existence or invented in the future), the right to use and incorporate (alone or together with other materials), in whole or in part, photographs, sound bites or video footage taken as a result of participation in Viet Steps, LLC activities. I hereby agree that I will not bring or consent to others bringing claim or action against Viet Steps, LLC on the grounds that anything contained in the Property, or in the advertising and publicity used in connection herewith, is defamatory, reflects adversely on me or the student/participant named below, violates any other right whatsoever, including, without limitation, rights of privacy and publicity. I hereby release Viet Steps, LLC, its owners and all employees and agents of these parties from and against any and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever that I may hereafter have against Viet Steps, LLC in connection with the Property or to use any of the rights granted hereunder, or to prepare, produce, exhibit, distribute or exploit the Property. Viet Steps, LLC shall have the right to assign its rights hereunder, without my consent, in whole or in part, to any person, firm, corporation or organization.