The WELL, LLC (Home of The WyND Program & Whirlwind Dance)
116 E Moler St. Columbus, OH 43207
phone: 614-362-5813
email: thewelldirectors@gmail.com
1. The WELL, LLC ACKNOWLEDGEMENT OF RISK, WAIVER OF LIABILITY COVENANT NOT-TO-SUE AND INDEMNIFICATION AGREEMENT
As the parent or legal guardian of the named child, or as an adult participant, I hereby consent to my/his/her participation in the programs and classes offered at The Well, LLC. By the very nature of the activity dance, acrobatics, yoga all carry a risk of physical injury. No matter how careful the student and teacher, no matter how skilled the student or teacher and no matter how many times the skill has been performed successfully, the risk cannot be eliminated. Reduced, yes, but never eliminated. In consideration of being allowed to participate I ASSUME THAT RISK AND ALL OTHERS BOTH KNOWN AND UNKNOWN or any personal property damage, which may occur on the premises before, during or after classes. Furthermore, I understand that I should be aware of my and/or my child's physical limitations and agree not to exceed them.
In consideration of my own or my child's participation, I hereby release and covenant not-to-sue The WELL, LLC or its Directors, officers, employees, teachers, coaches, or agents, from any and all present or future claims resulting from accidents or ordinary negligence on the part of The WELL, LLC or others listed for property damage or personal injury arising as a result of mine or my child's participation in dance, acrobatics, yoga, performances, rehearsals or any other activities or any activities incidental thereto while at The WELL, wherever, whenever, or however the same may occur to the fullest extent of the law.
For myself or as the parent or guardian of the named child, I hereby agree to 100% individually protect for the possible future medical expenses plus any additional and related expenses which may be incurred by myself or my child as a result of an injury sustained while participating in any program of instruction, recreation, camp, special event or competition at, for, or under the direction or control of The WELL, LLC.
The WELL reserves the right to use any video or photographic material that may contain images of your child for any lawful purpose. By signing this form, I also agree to the use of these images for the purpose stated.
This Acknowledgement of Risk, Waiver of Liability, Covenant Not-To-Sue, and Indemnification Agreement shall be ongoing and shall apply during all the years that myself or the above named student participates in activities under the direction or control of The WELL, LLC. This Acknowledgement of Risk, Waiver of Liability, Covenant Not-To-Sue and Indemnification Agreement, having been read thoroughly and understood completely, is signed voluntarily as to its content and intent.
2. PHOTO RELEASE
For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant The WELL, LLC, permission to use mine or my child's likeness in a photograph or video in any and all of its publications, including but not limited to all of The WELL, LLC's printed and digital publications which include all types of social media. I understand and agree that any photograph or video using my likeness will become property of The WELL, LLC and will not be returned.
I acknowledge that since my participation with The WELL, LLC is voluntary, I will receive no financial compensation.
I hereby irrevocably authorize The WELL, LLC to edit, alter, copy, publish or distribute this photo or video for purposes of publicizing The WELL. LLC programs or for any other related, lawful purpose. In addition I waive the right to inspect or approve the finished product, including written or electronic copy, wherein mine or my child's likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to use of the photograph or video.
I hereby hold harmless and release forever discharge The WELL, LLC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my child or my estate have or may have of this authorization
3. Wellness Policy
The WELL, LLC will follow all Franklin County Health District and the Ohio Department of Health requirements and recommendations for Covid-19 and all variants. These policies may require masking, distancing, reductions in capacity, and other limitations. The WELL will require our staff, families and students to follow those requirements and recommendations in order to participate in our programs.
I, AS A PARTICIPANT OR PARENT/GUARDIAN OF SAID CHILD(REN) HEREBY ASSUME ALL OF THE RISKS OF MYSELF/MY CHILD(REN) PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH IN-PERSON AND IN-PERSON AND VIRTUAL DANCE/ACRO/YOGA CLASSES, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective reigns as follows:
At The WELL, LLC, we will, as needed, follow strict social distancing and cleaning protocol and will change as needed to keep within current public restrictions. As with any other public place, we cannot guarantee that your child will not be exposed (whether at The WELL or elsewhere) or if exposed, that your child will not contract the disease. By signing below you agree to waive any claim of liability against The WELL, LLC and to hold The WELL, LLC harmless if you or your child contracts COVID-19 despite our best efforts to prevent it.
Additionally, I agree to notify The WELL, LLC if my child or any member of our household contracts COVID-19 or has come in contact with someone who has tested positive for COVID-19. This action will help ensure the utmost safety for our dancers and staff.
I understand that classes taught via virtual learning (Zoom or other platform) will present a situation where the instructor is not physically in the room with the participant, and the responsibility lies with the participant to provide a safe space in which to take class. Also, for children, a parent should always be present as the instructor cannot properly supervise via video-conferencing instruction.
If I am signing this waiver for my child(ren), I certify that I am the parent or legal guardian and have the right to waive these rights.
I understand that this waiver will have a starting date and will remain in effect until the family no longer participates in any programs at The WELL, LLC.
By accepting this waiver on-line I agree to all of the outlined policies above. If you would like a written hard copy with signatures please ask at the front desk or request via email at thewelldirectors@gmail.com
