WAIVER AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in activities and classes ("Activities") at Central Virginia Dance Academy, I, for myself and my child(ren), my and their personal representatives, assigns, heirs, and next of kin acknowledge and agree that: (a) ATHLETIC AND DANCE ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY (“RISKS”); (b) these Risks and dangers may be caused by my or my child's own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW, (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of my child(ren) in the Activities. I hereby release, discharge and covenant not to sue Central Virginia Dance Academy, LLC, as well as its officers, directors, agents, employees and assigns FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT or on the account of my child(ren) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I or my child(ren), or anyone on my or their behalf, makes a claim against any of the Releasee’s, I hereby indemnify, release, hold harmless, and forever discharge the Releasees, and their agents, employees, officers, directors, affiliates, successors, and assigns, of and from any and all litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim, causes of action, lawsuits, damages, and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any Activities conducted by, on the premises of, or for the benefit of Central Virginia Dance Academy, LLC; provided, that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful, or wanton misconduct.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THE COMMONWEALTH OF VIRGINIA AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID or unenforceable by a court of competent jurisdiction, the remaining provisions will continue to be fully effective.