WAIVER AND RELEASE OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of being permitted to enter the premises and facilities operated by PENINSULA BALLET THEATRE, a non-profit public benefit corporation (“PBT”) or operations by other occupants of the PBT premises (“Occupants”), for any purpose whatsoever, including but not limited to observation, use of facilities or equipment or participation in any way, including online activities, the undersigned hereby acknowledges and agrees to the following:
1. The undersigned, for itself, its heirs and assigns, hereby covenants not to sue, releases, waives, and discharges PBT, each Occupant, PBT’s landlord and the officers, directors, employees or contractors of PBT, (collectively “Releasees” and individually a “Release”) from all liability to the undersigned for any loss or damage and any claim or demands therefor on account of injury to the person or property and/or resulting in the death of the participant or the undersigned, whether caused by the negligence of any of the Releasees or otherwise while the participant or the undersigned is in, upon, or about the premises or any facilities or equipment therein.
2. The undersigned hereby agrees to indemnify and save and hold harmless the Releasees and each of them from any loss, liability, damage or cost (including attorneys’ fees and court costs) they may incur due to the presence of the undersigned in, upon or about the PBT premises or in any way observing or using any facilities or equipment of PBT or an Occupant whether caused by the negligence of any of the Releasees or otherwise.
3. The undersigned assumes full responsibility for and risk of bodily injury, death or property damage due the negligence of Releasees or otherwise while in, about or upon the premises or facilities of PBT or any Occupant while using the premises or any facilities or equipment thereon.
4. The undersigned further expressly agrees that the foregoing Release, Waiver and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
5. The undersigned has read and voluntarily signs the Release and Waiver of Liability and Indemnity Agreement and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement has been made.
6. I understand I must notify PBT via email by the 25th of the month in order to withdraw my student from the following month's classes.
7. PHOTO RELEASE: PHOTO AND VIDEO RELEASE
I grant permission to Peninsula Ballet Theatre, and its agents or employees, the unrestricted right to use and publish photographs or video footage taken of me or the student for any legal use, including but not limited to: outreach, copyright purposes, illustration, advertising, web content, and social media.
I waive any right to royalties or other compensation arising from the use of my photograph or video footage, and if signing on behalf of the student, I waive all such rights of the student.
I agree on my own behalf or on the behalf of the student, to release and hold harmless Peninsula Ballet Theatre and its agents or employees from any claims arising from the related use of the photographs or video footage.
8. I acknowledge that by signing this form I give Peninsula Ballet Theatre full copyright and authority to publish photography or videography, and I agree to the terms listed above.
I HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE OF CLAIMS AND INDEMNITY AGREEMENT, WHICH SHALL CONTINUE IN EFFECT INDEFINITELY.
