LIABILITY RELEASE AND INDEMNIFICATION
THIS IS A CONTRACT
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING
THIS IS A LEGALLY BINDING CONTRACT (“Release”), made by me in consideration of Fellowship School of Creative Arts, Inc., permitting me and/or my minor child to participate in the activities offered by Fellowship School of Creative Arts, Inc., including, but not limited to, dance and fitness related activities, and to use its facilities and equipment (hereinafter the “Activity”). I understand that I have the right to refuse to sign this Release, and by voluntarily signing this Release, I hereby agree to RELEASE, DISCHARGE, and INDEMNIFY Fellowship School of Creative Arts, Inc., and all of their agents, owners, shareholders, directors, partners, employees, insurers, attorneys, volunteers, manufacturers, participants, lessors, affiliates, subsidiaries, related and affiliated entities, successors, and assigns (collectively “FSCA”) on behalf of myself, my spouse, children, parents, heirs, assigns, insurers, personal representative(s), estate, and/or any other individual and/or entity who may be entitled to assert a claim or a cause of action of any kind against FSCA arising out of my and/or my minor child’s participation in the Activity. THIS RELEASE APPLIES IN FULL FORCE AND EFFECT TO EACH AND EVERY TIME I AND/OR MY MINOR CHILD PARTICIPATES THE ACTIVITY AT FSCA NOW OR AT ANY TIME IN THE FUTURE.
IF YOU ARE EXECUTING THIS RELEASE ON BEHALF OF A MINOR CHILD, YOU HEREBY REPRESENT THAT YOU HAVE FULL AUTHORITY AS PARENT/GUARDIAN OF THE MINOR TO BIND THE MINOR TO THIS RELEASE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY EXECUTING THIS RELEASE, YOU AGREE TO WAIVE THE MINOR’S LEGAL RIGHTS AND HAVE DONE SO VOLUNTARILY IN YOUR CAPACITY AS THE MINOR’S PARENT OR LEGAL GUARDIAN.
1. Acknowledgment and Assumption of Risk. I acknowledge and agree that the Activity entails inherent known and unknown risks, which may include, but are not limited to, physical injury, psychological injury, economic injury, pain, suffering, illness, disfigurement cuts, scrapes, bruises, sprains, contusions, lacerations, torn ligaments, broken bones, joint injuries, internal injuries, eye injuries, concussions, brain injuries, permanent disabilities, illness, psychology injury, pain, suffering, paralysis, heart attack, and death. I acknowledge that these outcomes may arise from my and/or my minor child’s potential actions, inactions, or negligence, the potential actions, inactions, or negligence of others, including other participants in the Activity and FSCA’s employees and agents, the condition of the equipment, facilities, and/or areas where the Activity is being conducted, the contagious nature of bacterial and viral diseases, including COVID-19, and any and all other known and unknown risks associated to the Activity. Being fully informed to my satisfaction of the known and unknown risks associated to the Activity, I VOLUNTARILY ELECT TO PARTICIPATE, AND/OR TO ALLOW MY MINOR CHILD TO PARTICIPATE IN, THE ACTIVITY. IN DOING SO, I ACCEPT AND ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITY. IF I AND/OR MY MINOR CHILD ARE INJURED, I UNDERSTAND AND ACKNOWLEDGE THAT MEDICAL TREATMENT MAY BE REQUIRED, AND I AGREE THAT SUCH TREATMENT WILL BE AT MY OWN EXPENSE. I CERTIFY THAT I HAVE ADEQUATE INSURANCE TO COVER THE COST OF ANY INJURY OR DAMAGE THAT I AND/OR MY MINOR CHILD MAY CAUSE OR SUFFER WHILE ON FSCA’S PREMISES, OR ELSE I ACKNOWLEDGE AND AGREE TO BEAR THE COSTS OF SUCH INJURY OR DAMAGE MYSELF. I UNDERSTAND AND AGREE THAT FSCA WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED FOR MYSELF OR FOR THE MINOR CHILD ON WHOSE BEHALF I SIGN THIS RELEASE.
2. Release of Liability. I hereby expressly and voluntarily release, satisfy, and forever discharge FSCA, of and from all claims, causes, and causes of action, suits, debts, controversies, damages, judgments, executions, claims, and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by FSCA, whether the action arises out of any damage, loss, personal injury, or death suffered by me and/or my minor child while participating in or as a result of such participation in the Activity, my and/or my minor child’s use of FSCA’s facilities and equipment, and/or any and all other damage, loss, personal injury, or death suffered by me and/or my minor child while on FSCA’s premises.
3. Indemnification. I hereby agree to hold harmless, indemnify, and defend FSCA without limitation from and against any and all claims, losses, actions, proceedings, costs, expenses, damages, contributions, settlement amounts, liabilities, and any and all other costs and expenses in connection therewith, including reasonable attorneys’ fees, expert fees, and costs of investigation, arising out of or in connection with my and/or my minor child’s participation in the Activity, use of the FSCA’s facilities and equipment, and/or any and all other claims and/or losses occurring on or associated with FSCA’s premises, regardless of whether such claims are the result of the negligent acts or omissions of myself, my minor child, other participants, and/or FSCA. Such indemnity obligation shall include, but is not limited to, any claim, action, or proceeding that alleges that I, my minor child, and/or any other third party acted negligently, recklessly, and/or intentionally thereby causing any damage, loss, personal injury, or death, to other participants, or any other third party.
4. Certifications and Rules. I acknowledge that the Activity may involve a test of a person’s physical and mental limits. I agree not to participate in the Activity unless I am medically able. I further agree to follow, and/or cause my minor child to follow, all of FSCA’s rules and to alert FSCA staff to any rules violations or dangerous behavior of other participants. I acknowledge that my and/or my minor child’s failure or refusal to follow FSCA’s rules and instructions can lead to my and/or my minor child’s immediate ejection from FSCA’s premises, at FSCA’s sole discretion, without any right to refund of any payments made.
5. Choice of Law and Forum Selection. This Release shall be governed by and interpreted in accordance with the laws of the State of Tennessee without regard to the applicable conflict of law rules. In the event a lawsuit is filed arising from my and/or my minor child’s participation in the Activity and any and all disputes related to this Release, including disputes related to the enforceability of any if the terms of this Release, I agree that sole and exclusive jurisdiction and venue shall be in Tennessee state courts located in Davidson County, Tennessee. I hereby expressly waive any defense to jurisdiction and/or venue that may now or hereafter exist.
6. Attorney’s Fees. In the event that FSCA prevails in any proceeding related to any dispute between the parties, FSCA shall be entitled to its reasonable attorney’s fees, expert fees, and costs incurred.
7. Entire Agreement, Severability, and Construction. This Release is the entire agreement between the parties hereto, and that it cannot be modified by any oral representations of FSCA’s agents and employees. If any portion of this Release is found to be void and/or unenforceable, the remaining portions will remain in full force and effect. This Release is intended to be as broad and inclusive as permitted by law.
THIS IS A RELEASE OF YOUR RIGHTS, AND/OR THE RIGHTS OF YOUR MINOR CHILD. BY SIGNING BELOW, YOU AGREE THAT YOU HAVE HAD SUFFICIENT OPPORTUNITY TO STUDY THIS RELEASE, AND YOU UNDERSTAND THAT YOU MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED YOUR AND/OR YOUR MINOR CHILD’S RIGHT TO MAINTAIN A LAWSUIT AGAINST FSCA.
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.