WAIVER OF LIABILITY, INDEMNIFICATION, ASSUMPTION OF THE RISK, AUTHORIZATION TO CONTACT EMERGENCY MEDICAL ASSISTANCE and PUBLICITY RELEASE FORM (collectively the “Participant Agreement”)
In consideration of participation in any, and/or all, activities including, but not limited to, classes, camps, performances,
shows, etc. (collectively the “Event” or “Events”) at, with or for the Tap ‘n Arts Dance Studio, Foltz Enterprises, Inc. and all
of their respective employees, agents, coaches, instructors, assistants, officers, directors, owners, members, managers,
lessees, licensees shareholders, contractors and/or any other representative, or affiliate, and their respective family
members, heirs, personal and legal representatives, successors distributes and/or assigns (collectively the “Entity” or
“Entities”), and the use of the property and/or facilities at which the Event is held (collectively the “Facility”), the above
named participant, participant’s parent(s), guardian(s), respective family members, heirs, personal and legal
representatives, successors distributes and/or assigns, heirs, successors, distributes, legal representatives and/or assigns
(collectively the “Participant”), hereby acknowledges, accepts, fully understands, covenants and agrees to the following:
A. I acknowledge that I have, or will, voluntarily register, and/or allow, my Participant to participate in any/all Events
held/sponsored by the Entity which include, but are not limited to, acting, cheerleading, dance, exercise, gymnastics,
jumping, stunting, tumbling, etc. (collectively the “Activity” or “Activities”).
B. I acknowledge, and agree, that my Participant’s participation in any and/or all Events and Activities involves known,
unknown, anticipated, unanticipated, intended and/or unintended risks that may result in:
a. Temporary and/or permanent physical, psychological, mental and/or emotional injuries, including but not
limited to bruises, cuts, dislocations, fractures, ruptures, scrapes, sprains, strains, tears, paralysis, death
and/or dismemberment (collectively the “Losses”).
b. Temporary and/or permanent loss, damage, destruction of property (collectively the “Losses”).
c. Temporary and/or permanent diseases, illnesses, infections and/or viruses including, but not limited to,
Corona, COVID, EBOLA, MERS and/or SARS caused by, but not limited to, bacteria, virus, fungi, protozoa
and/or helminths (collectively the “Losses”).
C. I acknowledge, and agree, that this Participation Agreement applies, without limitation, to all Events and Activities
known, or unknown, in which the Participant has ever participated in the past, present and/or future.
D. I acknowledge, and agree, that this Participant Agreement applies, without limitation, to any, and all, Losses
encountered before, during and/or after all Events and Activities that are either internal and/or external to the
Facility.
E. I hereby authorize the Entity, and/or representatives of the Entity, permission to contact emergency service personal
for the Participant at any time.
F. I acknowledge, and agree, that any Losses the Participant receives may be compounded and/or increased by negligent
medical assistance and/or rescue operations.
G. I acknowledge, and agree, that the Entity shall have no obligation to provide medical assistance and/or rescue
operations to the Participant in the event any Losses occurs during any Event or Activity.
H. I hereby knowingly, and voluntarily, forever release and/or discharge the Entity of the Facility from any and/or all
liabilities, claims, causes of action, lawsuits, controversies, judgments, demands, costs, expenses, attorneys’ fees,
and/or any other legal, equitable or administrative actions and/or proceedings whatsoever in tort, contract or
otherwise, known and/or unknown, accrued and/or unaccrued, arising out of and/or related to any and/or all Losses
occurred before, during and/or after including, but not limited to, traveling to and from all Events and Activities.
I. I acknowledge, and agree, the Participant shall indemnify, defend (with counsel acceptable to the Entity subject to
liability) and hold each and every one of the Entity Representatives, jointly and severally, harmless from and against
any and/or all Losses, including, but not limited to, any challenge by the Participant to this Participant Agreement
and/or any provision hereof.
J. I hereby acknowledge, and grant, the Entity, and its Representatives worldwide, absolute and irrevocable permission
to use, reproduce, print, and/or publish the Participant name, likeness, image, voice, and/or appearance in any and/or
all media currently known, unknown and/or to be known (collectively the “Material”) including, but not limited to,
photographs, audio and/or video recordings, digital media, etc. in which the Participant may be included intact,
and/or in part, composite and/or distorted in character, sound and/or form, without restriction as to changes and/or
transformations.
K. I hereby acknowledge, and agree, that the Material may be used for any purpose including, but not limited to,
advertisements, news and press releases, publications, marketing campaigns, media coverage, videos, web sites,
billboards and/or any other materials compiled by, or on behalf of, the Entity.
L. I hereby acknowledge, understand and agree, that the Entity has, and will have, complete ownership of the Material,
and that the Participant will not receive any form of compensation for the use of the Material.
M. I hereby release the Licensed Parties from any, and all, claims arising out of their use of the Material as agreed to in
this Participant Agreement, including without limitation any claims based on the right of publicity and/or privacy,
misappropriation and/or misuse of image and/or defamation including liability by virtue of any blurring, distortion,
alteration, optical illusion and/or use in composite form whether intentional or otherwise.
N. I hereby waive any future rights to preview and/or use any Participant Material.
O. Participant expressly agrees that the assumption of and and/or all risks, releases, waivers and/or indemnification
obligations contained herein are intended to be complete, unconditional and as broad and inclusive as permitted by
the laws of Pennsylvania and any other jurisdiction whose laws apply to this Participant Agreement. This Participant
Agreement cannot be amended by any oral statements and/or other writings and is binding by the Participant and the
Participant’s heirs, successors, distributees, guardians, legal representatives and/or assigns. Participant waives trial by
jury in any action and/or proceeding arising out of, or related to, this Participant Agreement.
By signing below, I certify that: (1) I acknowledge and have fully and completely read, accept, agree to and
understand this Participant Agreement; (2) I am 18 years of age or older; (3) I am the parent / legal guardian
of the Participant(s); (4) the information set forth above pertaining to the Participant(s) is true and complete;
and (5) I consent and agree to all of the foregoing on behalf of the Participant(s).
https://www.tapnarts.com/assets/pdf/participant-agreement.pdf