Mannakin Theater & Dance, a California 501c3, its agents, owners, officers, members, volunteers, participants, employees, contractors and all other persons or entities acting in any capacity on its behalf shall be referred to herein as “MTD".
1. Assumption of Risk.
I, ______________________, am not a minor and I acknowledge that by being a participant in MTD related activities, that:
A. I will have the opportunity to participate in various activities, including dance classes, workshops, streaming online dance classes, rehearsals, and performances, held at Cooley Landing, the location you choose to participate in streaming online dance classes and elsewhere. I will receive information and instruction about dance and other related activities. I acknowledge that dance is an inherently risky activity and that by participating in any of these activities, I may be subjected to a variety of hazards and risks, both foreseen or unforeseen, which may cause me to suffer physical or emotional injury, paralysis, death or damage to myself, to third parties or to property (collectively, "Damages"). I acknowledge that such Damages can occur due to natural causes, negligence or intentional acts or omissions of MTD, or the negligent or intentional acts or omissions of third parties and/or fellow participants. IN CONSIDERATION OF THE SERVICES OF MTD, I EXPRESSLY AGREE AND PROMISE TO ACCEPT AND ASSUME THE RISK OF ALL SUCH DAMAGES, TO INCLUDE ALL RELATED COSTS THEREOF, THAT OCCUR DURING OR IN CONNECTION WITH MY PARTICIPATION IN ANY AND ALL MTD RELATED ACTIVITIES.
B. I acknowledge that dance and all related activities require intense physical exertion that may be strenuous and may cause physical injury and therefore involve unique risks of Damages, and I am fully aware of the risks and hazards involved. I ACKNOWLEDGE THE NATURE OF SPRUNG DANCE FLOORS, "MARLEY" FLOOR COVERING, OTHER SURFACES OUTSIDE THE CONTROL OF MTD SUCH AS AT PERFORMANCE VENUES OR THE LOCATION YOU CHOOSE TO PARTICIPATE IN STREAMING ONLINE DANCE CLASSES, MOBILE FLOOR BARRES AND OTHER DANCE EQUIPMENT, AND THE CONSEQUENCES OF WEARING BALLET SLIPPERS, POINTE SHOES, SOCKS OR BARE FEET AND OTHER RELATED DANCE FOOTWEAR, AND I ACCEPT FULL RESPONSIBILITY FOR MY OWN CHOICE OF FOOTWEAR. I acknowledge that the description of these risks is not complete and that other unknown or unanticipated risks may result in Damages. My participation is purely voluntary, and I elect to participate in spite of the risks. I AM SATISFIED WITH THE CONDITION OF MTD'S FACILITIES AND HEREBY ASSUME ALL THE RISKS INHERENT IN THE ACTIVITIES THERE AND ELSEWHERE. I am not relying on any oral, written or visual representations made by MTD, including those made in brochures or other promotional materials, to induce me to participate in dance or other MTD related activities. IN CONSIDERATION OF THE SERVICES OF MTD, I EXPRESSLY AGREE AND PROMISE TO ASSUME THE RISK OF ALL SUCH DAMAGES, TO INCLUDE ALL RELATED COSTS THEREOF, THAT OCCUR AT MTD OR ELSEWHERE DURING OR IN CONNECTION WITH MY PARTICIPATION IN ANY AND ALL MTD RELATED ACTIVITIES.
C. MTD may at times deliver participants to various third parties, who are not MTD employees, who will conduct, supervise, guide or instruct participants, in various activities. MTD assumes no duty to certify, monitor or verify the qualifications of any third parties involved in these activities. Participant concerns regarding the qualifications of any third party conducting these activities should be directed to such third party. IN CONSIDERATION OF THE SERVICES OF MTD, I EXPRESSLY AGREE AND PROMISE TO RELEASE, INDEMNIFY AND HOLD HARMLESS MTD FOR LIABILITY OF ANY KIND FOR DAMAGES ARISING OUT OF THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
2. Release and Waiver of Liability. IN CONSIDERATION OF THE SERVICES OF MTD, I ON BEHALF OF MYSELF, AND MY HEIRS, EXECUTORS, AGENTS, AND ASSIGNS, HEREBY RELEASE, FOREVER DISCHARGE, AND EXPRESSLY AGREE AND PROMISE TO INDEMNIFY AND HOLD HARMLESS MTD OF AND FROM ANY AND ALL LIABILITY, CLAIM, DUTY, OBLIGATION, DEMAND OR CAUSE OF ACTION RELATING TO OR IN ANY WAY CONNECTED WITH MY PARTICIPATION IN ANY AND ALL MTD RELATED ACTIVITIES, WHETHER PRESENTLY KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, INCLUDING, WITHOUT LIMITATION, ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF MTD.
3. Miscellaneous.
A. I certify that I have adequate insurance to cover any Damages I may cause or suffer while participating in dance or other MTD related activities, or else I agree to bear the costs of such Damages myself. I further certify that I have no medical or physical conditions which could interfere with my safety in dance or other MTD related activities, or else I agree to bear the costs and all risks that may be created, directly or indirectly, by any such condition. I hereby agree to promptly notify MTD in writing if there is any change to my mental or physical condition which could in any way interfere with my safety in dance or other MTD related activities, or else I agree to bear the costs and all risks that may be created, directly or indirectly, by any such change in my condition.
B. I hereby grant permission to MTD to make movies, videos and photographs of my involvement in any and all MTD related activities and to use them for promotional and commercial purposes without any notice, recourse or compensation to me.
C. Should MTD be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold MTD harmless for all such fees and costs. In the event that I file a lawsuit against MTD, I agree to do so solely in San Mateo County in the State of California, and I further agree that this agreement shall be governed, construed and interpreted in accordance with the laws of the State of California without giving effect to principles of conflicts of law. I further agree that this Assumption of Risk, Release and Waiver of Liability Agreement is intended to be as broad as permitted under California law and in the event that any provision of this Agreement is held to be unenforceable under applicable law, this agreement shall continue in full force and effect without such provision. No failure by MTD to enforce any of its rights under this agreement will act as a waiver of such rights.
I HAVE READ AND UNDERSTOOD THE ABOVE AGREEMENT AND VOLUNTARILY AGREE TO SIGN THIS DOCUMENT AND BE BOUND BY ITS TERMS. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN ANY MTD RELATED ACTIVITY, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST MTD ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED HEREIN.
IF THE PARTICIPANT IS A MINOR, THIS AGREEMENT MUST BE SIGNED BY THE MINOR'S PARENT OR LEGAL GUARDIAN. BY SIGNING BELOW THE MINOR'S PARENT OR LEGAL GUARDIAN INDICATES THAT HE OR SHE UNDERSTANDS THAT "I" AS USED HEREIN REFERS TO BOTH HIM OR HER AND EACH OF HIS OR HER MINOR PARTICIPATES.
I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.