PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK / COVID-19 WAIVER OF LIABILITY AND ASSUMPTION OF RISK
In consideration of the services of Island Style Dance Studio and Performing Company, LLC, their agents, owners, officers, volunteers, participants, employees, contractors, and all other persons or entities acting in any capacity on their behalf, including ManaSiva Fitness (Hereinafter collectively referred to as ISD), I hereby agree to release, indemnify, and discharge ISD, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in dance (including lifts, tricks, tumbling, etc.), karate and / or fitness activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls, muscle soreness, bruises, sprains, strains, cuts, lacerations, fractures, concussions, or even more severe life threatening hazards; including, but not limited to: musculoskeletal injuries (including head, neck and back) injuries to internal organs, paralysis, or death; all possibly resulting from the negligence of other people, my own physical condition, and / or the physical exertion associated with this activity. Furthermore, ISD employees or contractors have difficult jobs to perform and they strive to provide all reasonable precautions to ensure the proper training and safety of each student. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ISD from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of ISD's equipment or facilities, including any such claims which allege negligent acts or omissions of ISD.
4. Should ISD, or anyone acting on their behalf, be required to incur attorney fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against ISD, I agree to do so solely in the state of Utah, and I further agree that the substantive laws of the state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
7. In the event of an emergency, I give permission for agents, employees, or independent contractors of ISD to seek medical attention for my child(ren) and I will assume the costs and risks associated with any medical attention sought by ISD agents, employees, or independent contractors for my child(ren).
8. Assumption of the Risk and Waiver of Liability Relating to Coronavirus / COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Island Style Dance Studio and Performing Company, LLC (“ISD”) has put in place preventative measures to reduce the spread of COVID-19, however, ISD cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending ISD could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending ISD and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at ISD may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, independent contractors, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at ISD or participation in ISD programming (“Claims”)).
9. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless ISD, its employees, contractors, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of ISD, its employees, contractors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any ISD program.
By signing this document, I acknowledge that I understand that there are specific risks of physical or property damages, losses, or injury that may result from my or my child’s participation with Island Style Dance Studio & Performing Company, LLC; I voluntarily assume the risks associated with such participation and release Island Style Dance Studio & Performing Company, LLC, its Presidents, Managers, independent contractors, assistants, student teachers, and instructors from any and all liability. I also acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against ISD on the basis of any claim from which I have released them herein. I have read and understand the policies of Island Style Dance Studio & Performing Company, LLC (as stated on the “POLICIES & FEES” page on the ISD website or "POLICIES" information on the ManaSiva website). I have had sufficient opportunity to read this entire waiver. I have read and understood it and I agree to be bound by its terms.
FOR MINORS: In consideration of ‘Minor being permitted by ISD to participate in its activities and to use its equipment and facilities,' I further agree to indemnify and hold harmless ISD from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
IF SIGNING FOR MINORS: You may only sign for minors if you are the parent or legal (court appointed) guardian.
IF SIGNING FOR SELF: You must be at least 18 years old.
BY CHECKING THE “I Accept” BOX, YOU AGREE TO THE ABOVE STATEMENTS. CHECKING THE “I Accept” BOX CONSTITUTES AN ELECTRONIC SIGNATURE AND IS LEGALLY BINDING.
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