MDSA Foundation General Assumption of Risk, Waiver of Liability, Indemnity, Release, Publicity Release and Covenant Not To Sue
By signing this document, you will waive certain legal rights. Please read carefully!
Medical Evaluation
I certify that I am in a good physical condition and able to use the facilities and equipment and to participate in activities, dance classes, workshops, rehearsals or performances of MDSA Foundation (the "Company"). I understand that it is advisable to obtain a medical evaluation and my doctor's approval prior to initiation of these exercises and activities.
Potential Risks and Hazards
I understand that physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The Company provides activities which may involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction and other involve sustained physical activity which places stress on the cardiovascular system. The specific risks vary from one activity to another, but the risks range from (1) minor injuries such as scratches, bruises, and sprains, to (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions, to (3) catastrophic injuries including paralysis and death.
Voluntary Participation
I am fully aware of the risks and hazards connected with the activities, whether specifically listed here or not, and I hereby voluntarily elect to participate knowing it may be hazardous to my person and property.
Assumption of Risk, Waiver of Liability, Release, and Covenant Not To Sue
In consideration for being permitted to participate in the activities of the Company, I voluntarily agree for myself, my family, heirs, executors, and administrators to the following:
I. TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me, or any loss or damage to property owned by me, as a result of using the Silks.
2. TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Company, its members, officers, employees, agents, and staff (hereinafter referred to as "Released Persons") from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might now have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in the Company’s activities including, but not limited to, any claim that the act or omission complained of which was caused in whole or in part by the negligence or carelessness of the Released Persons.
3. TO INDEMNIFY the Released Persons from any and all liability or claim related to my negligence or willful misconduct in my participation in a Company activity. I further understand that the Released Persons may not be responsible for any injury that may occur due to my voluntary participation.
Publicity Release
I understand that on occasion, the Company takes photographs or makes audio or video tape recording of children and/or adults involved with the Company’s activities. Such photographs and audio/visual recordings may be used in the Company’s publications, promotional materials, websites and social media. I understand that such contemplated photos may have no addresses or identifications of any sort on such photos and are considered the property of the Company and may not be sold or reused. I agree to the use of any such audio or visual recording to be used, distributed as administrators of the Company see fit. This consent includes but is not limited to: photographs videotape, and audio recordings or any combination of such.
Prevent and Report Injury
I acknowledge that I will participate with reasonable care and take all precautions to minimize injury to myself and others. I understand that it is my responsibility to immediately report injuries resulting from my participation in a Company activity.
Laws & Sever ability
I hereby further agree that this Release shall be construed in accordance with the laws of the state of Texas, and that if any portion is deemed to be invalid, the remainder of the General Assumption of Risk, Waiver of Liability, Indemnity, Release and Covenant not to Sue will still be binding and enforceable.
Acknowledgement of Understanding
In signing this General Assumption of Risk, Waiver of Liability, Indemnity, Release and Covenant not to Sue, which consists of three (3) pages, I acknowledge and represent that I have read all three pages of the document in full, that I understand it and sign it voluntarily, and that this document constitutes the entire agreement, and that any oral representations, statements, or inducements apart from the foregoing written document shall not be considered a part of this agreement, and that I execute this General Assumption of Risk, Waiver of Liability, Indemnity, Release and Covenant not to Sue for full, adequate, and complete consideration fully intending to be bound by the same.
I acknowledge that I have read this General Assumption of Risk, Waiver of Liability, Indemnity, Release and Covenant not to Sue in its entirety; I have had the opportunity to consult with my attorney to the extent I wish to do so; and I sign this General Assumption of Risk, Waiver of Liability, Indemnity, Release and Covenant not to Sue willingly and with full knowledge and understanding of its legal effects.
I further certify that:
I am at least eighteen (18) years of age and fully competent; or That I am under eighteen (18) years of age, and my parent/ guardian is signing on my behalf and we both agree to be bound by the terms of the agreement.
PARENT/GUARDIAN WAIVER FOR MINORS (Under 18 years old): As the parent and/or natural guardian of the person signing above (“Participantâ€), I do hereby represent that I am, in fact, acting in such capacity and agree to save and hold harmless and indemnify each and all of the Released Persons from all liability, loss, cost, claim or damage whatsoever which may be imposed upon the Released Persons because of any defect in or lack of such capacity to so act and release the Released Persons on behalf of the minor and the parents or legal guardian. I further agree to indemnify and hold harmless the Released Persons from any and all claims which are brought by, or on behalf of Participant, and which are in any way connected with such use or participation by Participant.
Parent/Guardian Signature (if participant is under 18):
MDSA Foundation Waiver and Release
