Waiver and Release of Liability
1. I am signing this Release and Waiver of Liability as or on behalf of the above-named Participant for all activities or events such as in-person or online dance classes or events, provided, organized, or sponsored by the Prodigy Dance Academy, LLC ("PDA") including, but not limited to, any travel or transportation paid for or arranged by PDA, including any overnight travel or associated accommodations.
2. The Participant (and Guardian, if applicable) understands and acknowledges that the activities that take place may be dangerous and may involve the risk of sustaining serious injury, temporary or permanent disability, death, and/or property damage. It is further acknowledged that any injury sustained while participating in such activities or events may be compounded by negligent or delayed medical service. PARTICIPANT/GUARDIAN VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO PARTICIPANT'S USE OF AND PARTICIPATION IN ACTIVITIES AND EVENTS NAMED ABOVE, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
3. Guardian/Participant hereby agrees, on behalf of Participant, Guardian (if applicable), heirs and personal representatives, to fully and forever discharge and release PDA and its owners, and their respective partners, agents, operators, managers, employees, and representatives ("Released Parties") from any and all claims Guardian and/or Participant may have or hereinafter have for any injury, temporary or permanent disability, illnesses, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Participant's participation in PDA events and/or activities, whether in the PDA premises or otherwise, whether caused by the negligence of the owners of Prodigy Dance Academy, LLC or any of the Released Parties or by any other reason. Guardian/Participant acknowledges and agrees that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by Participant while participating in any events/activities paid for, sponsored by or otherwise associated with PDA.
4. Guardian/Participant agrees to indemnify, defend, and hold harmless PDA and the Released Parties against any and all claims, liabilities, damages, judgments, expenses, and causes of action of any nature, including attorney's fees and related costs, arising out of or related to Participant's participation in the above-named activities, whether or not such causes of action may be due to the negligence of PDA and/or the Released Parties.
5. Participant/Guardian agrees, for Participant and all heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Participant, Guardian or any heirs thereof may have as a result of any personal injury, death or property damage I may sustain while participating in PDA events and/or activities as named above.
6. No waiver of any term or right in this Release and Waiver of Liability shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
This document will be governed and construed according to Utah law and will be broadly construed to release PDA from liability to the maximum extent permitted by the applicable law, including but not limited to consequential and punitive damages. If any provision or portion of this Release and Waiver of Liability of Liability shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
PARTICIPANT/GUARDIAN HEREBY ACKNOWLEDGES THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. PARTICIPANT/GUARDIAN ACKNOWLEDGES THAT PRIOR TO SIGNING THIS DOCUMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS RELEASE AND WAIVER OF LIABILITY. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS RELEASE AND WAIVER OF LIABILITY VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.
Participant Acknowledgement
Participant agrees to comply with all written and oral rules and instructions provided by Prodigy Dance Academy, LLC staff, employees, contractors, instructors and owners. Participant has been advised and instructed on the use of any protective equipment needed for participation in Prodigy Dance Academy, LLC activities and will follow instructions regarding its use. If Participant or other visitor or invitee to the Prodigy Dance Academy, LLC premises develops Covid-19 or other symptoms of illness, Prodigy Dance Academy, LLC and its owners, employees, staff and contractors assume no liability or responsibility. Participant does not have any physical or mental limitations or disabilities that may limit or prevent safe participation from events and/or activity opportunities provided by Prodigy Dance Academy, LLC. If this changes, Participant and/or Guardian will notify Prodigy Dance Academy, LLC immediately. Participant agrees not to enter the Prodigy Dance Academy, LLC property or participate in any activity or event under the influence of any substance that could impair physical or mental abilities. Participant/Guardian agrees to obtain an evaluation and clearance from a certified physician or healthcare provider certifying ability to participate in Prodigy Dance Academy, LLC activities and/or events upon request from Prodigy Dance Academy, LLC staff or owners. Participant may not participate in such activities until the request is fulfilled to the satisfaction of the Prodigy Dance Academy, LLC owners. Participant/Guardian acknowledges that any medical care or treatment required or advised as a result of participation in Prodigy Dance Academy, LLC activities and/or events will be at the sole cost and expense of Participant and/or Guardian. Participant/Guardian will be liable for any financial or other damages to person or property due to Participant's actions or omissions while participating in an Prodigy Dance Academy, LLC activity or event. Participant/Guardian has fully read and understood this Participant Acknowledgement, and has had an opportunity to seek independent legal advice prior to signing.