Why You’re Reading This Document
We are excited to start grooving together! The purpose of this waiver of liability (the “Waiver”) is to openly communicate the risks of dancing with us, either in person or online, and have you release the Academy of Dance Arts of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any activity.
If you are under the Age of Majority in the State of South Dakota, your legal guardian must also sign this Waiver on your behalf.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO
SUPPORTYOU.MAKESUREYOUUNDERSTANDTHISWAIVER. BYSIGNINGTHISYOUAGREEYOUARESIGNING
AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
1. Parties. We will refer to RC Dance Arts, LLC dba Academy of Dance Arts, a Limited Liability Company based in the State of South Dakota, as “Academy of Dance Arts”, “us”, “we”, or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
2. The Activities. You are going to be participating in dancing classes, workshops, sessions and events with us either online or in-person or both. We are so excited to provide all levels of dance classes, all of which may involve but are not limited to the following (“Activities”):
2.1. Individual dancing, or dancing with a partner, or in a group, high-intensity aerobic activity, flexibility exercises, muscle-strengthening activities, jumping, twisting, balancing, and pretty much anything else dance related!
2.2. The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Academy of Dance Arts, including outdoors or your home. We need you to acknowledge that you are responsible for the safe facilitation of the Activities happening outside of the Academy of Dance Arts.
3. Equipment. In the course of the Activities, you may be provided or asked to bring your own equipment, including but not limited to costumes, clothes, props, and instructional tools (“Equipment”). Please do not use any equipment not instructed by the Academy of Dance Arts.
4. Inherent Risks. You understand that participating in the Activities poses inherent risks, some more obvious or
more serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death.
4.1. Injuries include but are not limited to things like muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, and any other injuries typically associated with dancing.
4.2. Additional risks associated with slipping, tripping, falling from an elevated surface, or collision with Equipment or other dancers.
4.3. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.
4.4. Additional risks of Activities for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
4.5. Additional risks posed by participating in the Activities online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Activities, using your judgment on how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
4.6. Other risks posed for Activities performed outdoors, such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.
5. Affirmation of Health. By participating in any Activities with Academy of Dance Arts, you affirm that you have sought medical advice regarding your physical abilities and you are certain you are healthy enough to train with us. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. For in-person Activities, please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
6. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with Academy of Dance Arts. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the Activities with Academy of Dance Arts illustrates your voluntary engagement and assumption of the risks of the Activities.
7. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against RC Dance Arts, LLC dba Academy of Dance Arts, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members, Malone Properties, Sturgis Community Center, the City of Sturgis and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Academy of Dance Arts’ negligence , during your participation in the Activities with Academy of Dance Arts. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
8. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities, classes, session, events, workshops, and more, whether in person, online, or via video conferencing tool.
9. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of South Dakota. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of South Dakota. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Waiver may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Waiver.
You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.
Printed name of Participant _________________________________________________________________________
Signature ___________________________________________ Date ___________________________
Signature of parent or guardian if the participant is a minor _______________________________________________
Thank you for communicating honestly with us. We look forward to practicing and growing together.