I have voluntarily elected to participate in and/or allow my minor child to participate in activities and events offered through the Lynch Dance Institute (LDI) located at, 12227 Poway Road, Poway, California 92064 or other performance venues. In consideration for being allowed to participate in classes and use LDI facilities and equipment, I represent, acknowledge and agree as follows: GENERAL RELEASE I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits and legal protections to LDI and its respective and collective agents, owners, faculty, employees, volunteers, guest instructors, insureds, and all other persons or entities acting in any capacity on behalf of LDI (Released Parties). RELEASE OF POTENTIAL INJURIES I acknowledge and agree that there are risks of physical injury associated with, arising out of, and inherent to the sport of dance as well as other activities and events engaged in with LDI. These risks include but are not limited to stress fractures, sprains, broken bones, other serious physical injury, damage, or other exertion related medical events. I understand that such risks simply cannot be eliminated. I acknowledge and agree that, while the dance and other activities that take place through LDI are supervised by LDI faculty and guest instructors, it is not feasible for such employees to monitor the activities and actions of all participants at all times or all participants simultaneously. Furthermore, LDI faculty have difficult jobs to perform. They seek safety, but they are not infallible. VOLUNTARY ASSUMPTION OF RISK AND RELEASE OF LIABILITY I acknowledge and agree that all participation is voluntarily at my own (or my child's own) risk. I forever, irrevocably and unconditionally release, discharge, and waive all right and/or causes of action of any kind against all Released Parties from any and all liability, of whatever kind or nature, including any claims of negligence, in law, equity or otherwise, whether now known or unknown, related to or arising, directly or indirectly, from my participation or my child's participation in LDI events and activities and use of LDI equipment. I understand that this release and waiver applies to and includes all activities, whether inside or outside the LDI studio, at a performance venue or other location, in person or through an online platform or website. AGREEMENT TO PAY MY OWN MEDICAL EXPENSES I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent), whether known or unknown, which might contribute to or exacerbate any injury I or my child might sustain. I acknowledge and agree that if medical assistance of any form, including but not limited to emergency care, hospitalization, out-patient care, and/or physical therapy is required or performed as a result of any injury such assistance shall be at my own expense. CALIFORNIA CIVIL CODE SECTION 1542 A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM I waive my right, or the right of my child, to maintain a lawsuit against LDI and the other Released Parties for any and all claims covered by this agreement. By agreeing to arbitrate, I understand that neither I nor my child will have the right to have any claim determined by a jury. Any dispute, claim or controversy arising out of or relating to my or my child's participation at LDI and use of its facilities and equipment, including the determination of the scope or applicability of this agreement to arbitrate shall be brought within one year of the date of the alleged injury and be determined by arbitration in San Diego County California before one arbitrator. The Arbitration shall be administered by JAMS pursuant to its Rule 16.1 for expedited arbitration rules and procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness. TERM OF AGREEMENT By signing below, I represent and warrant that I have read each and every paragraph in this document and agree to be bound by the terms stated, including the release of liability. I understand that this agreement extends forever into the future and will have full force and legal effect. IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF AN INJURY OCCURS IN ANY WAY THROUGH PARTICIPATION IN LDI INSTRUCTION, ACTIVITIES, OR EVENTS THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM LDI OR ANY OTHER RELEASED PARTY. If am the parent, legal guardian, or power-of-attorney of the Participant, by signing below, I represent and warrant that I have the authority to execute this Agreement.
