Waiver Release
Photo Release: I understand and agree that Kira Neal Dance Academy may use and reuse, in any manner, photographs of me and/or my minor child/children, in whole or in part, modified or altered, either by themselves or in conjunction with other photographs, in any medium or for distribution, and for any purpose whatsoever, including but not limited to all promotional or advertising purposes, and other trade purposed. I waive the right to inspect or approve any use thereof, and waive any right to notice prior to publication. Further, I hereby forever release and discharge Kira Neal Dance Academy from any and all claims, actions, and demands arising out of or in connection with the use of said photographs, including, without limitation, any and all claims for invasion of privacy and libel. The release shall inure to the benefit of the assignees, licensees, and legal representatives of Kira Neal Dance Academy, as well as the party/parties taking said photographs. Dancers not wishing to have their photos taken must submit a letter in writing indicating revocation of consent at the time of registration. All pictures chosen for use are based on good dance technique and proper attire. All pictures are family friendly and positive.
Acknowledgment of Risk: I and/or my child/ward acknowledge and understand that dancing and dancing-related activities involve some risks which include, but are not limited to: sprained or broken bones or joints, sprained or torn muscles, contusions, injuries resulting from slipping and falling, injuries resulting from fatigue or dizziness, and injuries resulting from contact with other participants or instructors.
Assumption of Risk: I and/or my child/ward agree to assume responsibility for all the risks of dancing and dancing-related activities, whether identified above or not. My/our participation in dancing and dancing-related activities is purely voluntary. I assume full responsibility and all risk for myself, and my minor children/wards for whom I am responsible, for any bodily injury, illness, paralysis, death, loss or theft of personal property, and expenses thereof, as a result of my or my child’s/ward’s participation in any dance or dance-related activity, whether or not such accident or injury is caused by the negligence or error of the principals, directors, officers, agents, employees or volunteers of Kira Neal Dance Academy.
I and/or my child/ward hereby expressly agree to hold Kira Neal Dance Academy and its principals, directors, officers, agents, employees and volunteers, their insurers and each and every land owner upon whose property an activity is conducted and their insurers (collectively, the “Releasees”) harmless from any and all claims or causes of action arising out of my and/or my child’s/ward’s participation in dancing or dancing-related activities. I expressly release and discharge Releasees from any and all liability, claim, demand or cause of action whatsoever arising out of any damage, loss, personal injury, or death to me and/or my child/ward as a result of my/our participation in dancing or dancing-related activities, regardless of cause, including but not limited to loss, injury or death caused by a slip and fall accident, or loss, injury or death caused by the negligence, default or error by the Releasees. I further expressly agree that this release is binding on my and/or my child’s/ward’s personal representatives, successors, heirs and assigns, and that if I or any one of them attempt to bring any claim against the Releasees I or they will be responsible for all defense costs (including but not limited to attorneys and paralegal fees) incurred by the Releasees.
Construction: Any waiver by either party of any breach of any provision shall not be deemed to be a waiver of any subsequent breach, nor an estoppel to enforce their respective rights for any subsequent breach. In the event that one or more of the clauses of this Agreement shall be held to be void by any court of competent jurisdiction for any reason, such clause shall be deemed to be severable and the remainder of this Agreement shall be deemed valid and in full force and effect.
Venue/Governing Law: All matters pertaining to the validity, construction, effect and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Texas as applicable to agreements to be performed wholly therein. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the Ellis County Judicial Court, Waxahachie, TX. This choice of venue is intended by the parties hereto to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any venue other than that specified in this section. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section.
Attorney’s Fees: In the event that litigation, or any other dispute resolution proceeding is commenced, involving, arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of taxable court costs, other related but non-taxable costs and expenses, and reasonable attorney’s fees from the time that the proceeding was commenced until all appeals, if any, are final. The prevailing party shall also be entitled to reasonable fees and costs incurred in connection with the litigation of an award of attorney’s fees and costs both as to entitlement and amount (a/k/a “fees for fees”).
Acknowledgement of Reading: I acknowledge that I have carefully read this waiver and release, and understand that it is a release of all liability and a waiver of a right that I may have on behalf of myself and/or my child/ward to bring legal action or assert a claim for injury or loss of any kind against the Releasees. I further acknowledge that I have been given the opportunity to ask questions about the effect of this Agreement, and that I agree to all the terms contained herein.
Auto Draft Fee Schedule:
Registration: Registration Fee $40 & 1st Months Tuition
First of Each Month: Tuition
Nov 15th: First Half of Recital Costume Payment ($40/Each Costume)
Jan 15th: Second Half of Recital Costume Payment ($40/Each Costume)
Mar 15th: Recital Production Fee $55