User’s Representations, Express Assumption of All Risks,
and Release of Liability
A. Purpose. By reading and signing this document, “You,” the undersigned, sometimes also referred to as “User” or “I,”
will agree to release and hold The Berwyn Ballet School (“TBBS” or “We”) harmless from, and assume all responsibility for, all
claims, demands, injuries, damages, actions or causes of action to persons or property, arising out of or connected with your
participation in professional ballet training and other activities and use of the facility and any equipment (collectively
“Activities”). The agreement and release are for the benefit of TBBS, its employees, agents, independent contractors, other
users of the Activities. This agreement includes your release of these persons from responsibility for injury, damage, or death
to yourself because of those acts or omissions claimed to be related to the ordinary negligence of these persons. This
agreement also includes your representations as to important matters which TBBS will rely upon.
B. Representations.
1. The undersigned, You, represent: (a) that you understand that your participation in the Activities or programs,
and use of any equipment, includes an inherent risk of injury to persons and property; (b) that you are in good physical
condition and have no disabilities, illnesses, or other conditions that could prevent you from exercising and participating in the
Activities or programs, and using the facility and any equipment without injuring yourself or impairing your health; and (c) that
you have consulted a physician concerning an exercise program that will not risk injury to yourself or impairment of your
health. Such risk of injury includes, but is not limited to, injuries arising from or relating to use by you or others of ballet and
exercise equipment; injuries arising from or relating to participation by you or others in supervised or unsupervised activities
or programs as prescribed by TBBS; injuries and medical disorders arising from or relating to your participation in the
Activities or programs, and use of any equipment, including heart attacks, sudden cardiac arrests, strokes, heat stress,
sprains, strains, broken bones, and torn muscles, tendons, and ligaments, among others; and accidental injuries occurring
anywhere where the ballet training sessions occur. Accidental injuries include those caused by you, those caused by other
persons, and those of a “slip-and-fall” nature. If you have any special exercise requirements or limitations, you agree to
disclose them to TBBS before participating in TBBS’s services; and when seeking help in establishing a training program, you
hereby agree that all exercise you engage in through TBBS’s Activities or programs and use of the facility and any equipment
are undertaken by you at your sole risk. As used herein, the terms “include,” “including,” and words of similar import are
descriptive only, and are not limiting in any manner.
2. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment,
disease, infirmity, or other illness that would prevent your participation in Activities or use of the facility and equipment except
as hereinafter stated. You do hereby acknowledge that you have been informed of the need for a physician’s approval for
your participation in ballet training at TBBS. You also acknowledge that it has been recommended that you have a yearly or
more frequent physical examination and consultation with your physician as to physical activity, exercise, and use of exercise
so that you might have your physician’s recommendations concerning these Activities. You acknowledge either that you have
had a physical examination and have been given your physician’s permission to participate, or that you have decided to
participate in activity and use of the facility without the approval of your physician and do hereby assume all responsibility for
your participation and activities, and utilization of the facility in your activities.
C. Express Assumption of All Risks.
1. You have represented to us and acknowledged that you understand and appreciate all of the risks
associated with your participation in various activities with TBBS and in participating in the Activities, including the risks of
injury, disability, and death. You have also acknowledged that there are greater, enhanced, and even other risks to you if you
decide to exercise on your own without the supervision of TBBS. Knowing and appreciating all of these risks and enhanced
risks, you have knowingly and intelligently determined to expressly assume all risks associated with all of your activities and
use of the facility.
2. You understand and are aware that strength, flexibility and aerobic exercise is a potentially hazardous
activity. You also understand that fitness activities involve the risk of injury and even death, and that you are voluntarily
participating in these activities and using the facility with knowledge of the dangers involved. We have also reviewed the risks
with you on the date when you signed this Agreement and answered any questions that you may have had. You hereby
agree to expressly assume and accept any and all risks of injury or death including those related to your participation in the
Activities with TBBS, your use of the facility, and your participation in activity, including those risks related to the ordinary
negligence of those released by this Agreement and including all claims related to ordinary negligence in the prescription of a
training routine, as well as instruction as to use, and use and/or supervision of use, if any, associated with all classes and the
facility.
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D. Agreement and Release of Liability. In consideration of being allowed to participate in the activities and programs
with TBBS along with the use of any equipment in addition to the payment of any fee or charge, you do hereby waive,
release, and forever discharge TBBS and its directors, officers, agents, employees, representatives, successors and assigns,
administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from
your participation in any activities or your use of equipment or the facility in the above-mentioned activities. You do also
hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury
or damage to yourself, including those caused by the negligent act or omission of any of those mentioned or others acting on
their behalf or in any way arising out of or connected with your participation in any activities of TBBS. This provision shall
apply to ordinary acts of negligence but shall not apply to gross acts/omissions of negligence, willful or wanton
acts/omissions, or those of an intentional/criminal nature.
E. Loss or Theft of Property. TBBS is not responsible for lost or stolen articles. You should keep any valuables with you
at all times or locked up while participating in the Activities. Consequently, by executing this Agreement and any
accompanying documents, you do hereby agree to assume all responsibility for your own property and that of any
dependent(s) and to insure that property against risk of loss as you see fit. By the execution hereof, you expressly, on behalf
of yourself and any dependents, do hereby knowingly agree to forego, waive, release, and prospectively give up any right to
institute any claim or action against TBBS relating to lost or stolen property, including property lost or stolen due to the
negligent act or omission TBBS. You agree to indemnify and save TBBS and all of its personnel harmless from any action,
claim, suit, or subrogated claim or suit instituted at any time hereafter against TBBS related to the theft or loss of your or your
dependents’ property while participating in the Activities. TBBS shall be indemnified by you for all costs, expenses, fees,
including attorney fees, incurred by TBBS or its personnel by reason of any such action.
Acknowledgment
I have read this Agreement, as well as any Policies, Rules and Regulations of TBBS which are incorporated herein
by reference. I agree to be bound by the terms and conditions of the Agreement and the Policies, Rules and
Regulations of TBBS, as same exist or as same may be amended from time to time hereafter. This Agreement shall
be binding upon me and my spouse, my heirs, my estate, my executors, my administrators, and my successors
and/or assigns. I realize that this Agreement is designed to prevent me and/or them from filing any personal injury or
other lawsuit based upon ordinary negligence, including negligent battery, or even negligent wrongful death, loss of
consortium, or any other similar lawsuit arising out of any injury to me which I or they may possess hereafter.
The undersigned, on behalf of myself and my heirs, executors, administrators, successors, and assigns hereby
agree to indemnify TBBS and all those hereby released and to hold them absolutely harmless if anyone, including
the undersigned, should hereafter file suit against TBBS or those released hereby for any matter intended to be
released by this Agreement, including claims based upon ordinary negligence such as but not limited to personal
injury, wrongful death, loss of consortium, or other similar actions.
