READ THIS FORM COMPLETELY AND CAREFULLY. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM ANY OR ALL OF THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I, the undersigned (named below), as the parent or legal guardian of the minor child/participant set forth above (hereinafter referred to as “my child”), do hereby give my full consent and approval for my child to participate in Thrive Performing Arts Inc.’s (“Thrive”) dance classes, recitals, programs and/or activities (hereinafter referred to collectively as “activities”). In consideration of permission granted by Thrive for allowing my child to participate in Thrive’s activities, I represent, covenant, and agree, on behalf of my child, my child’s heirs and assigns, myself and any other person with standing to claim by or through my child by law, as follows:
a. I herein certify that my child is physically fit and sufficiently prepared and/or trained for participation in this activity, and that there are no health-related reasons or problems which preclude my child’s participation in any Thrive activities. I certify that my child has not been advised, by a qualified medical professional, of any reason which would limit my child’s participation in Thrive activities.
b. I agree and acknowledge that there is inherent risk in the activities that my child will be participating in and/or through Thrive and that inherent risk means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activities and which are not eliminated, even if Thrive or the Released Parties (whom are defined in paragraph d), act with due care. These inherent risks include failure by Thrive or any of the Released Parties to warn me or my child of an inherent risk or the risk that the participant or another participant in the activities may act in a negligent or intentional manor.
c. I agree and acknowledge that this Waiver and Release of Liability Agreement will be used by Thrive and the Released Parties (whom are defined in paragraph d), in the event my child suffers an injury, death, property damage or theft and that this agreement will govern my and my child’s actions, rights and responsibilities and the liability of Thrive and the Released Parties while my child participates in any Thrive activities.
d. I agree and acknowledge that in consideration for my child’s participation in Thrive’s activities, that I shall hold harmless and fully indemnify and defend Thrive, its employees, coaches, volunteers, contractors, officers, owners, sponsors, organizers of events, representatives, agents, activity holders, schools, assigns and successors (collectively referred to as “Released Parties”) from any and all causes of action, claims, theft, damages, property damages, injuries, death and costs, whether known or unknown, including but not limited to attorney’s fees and costs, which may arise from any cause of action made by me or by, through or on behalf of my child, even if the damages, injuries or death are caused in whole or in part by the negligence of Thrive or any of the Released Parties.
e. I hereby waive, release, discharge and agree not to sue any of the Released Parties for any and all causes of actions, claims or damages arising out of or resulting from my child’s participation in any Thrive activities, including but not limited to damages, injuries, property damage, theft or death arising out of risks that are a natural part of these activities.
I HEREBY WAIVE, RELEASE, AND DISCHARGE Thrive Performing Arts Inc. and all divisions thereof of any and all liability and responsibility for injuries, sickness, pandemics, accidents, natural disasters and/or acts of God incurred during participation in and/or instruction of camps, intensives, private instruction, choreography or any activity I may participate.
I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: Thrive Performing Arts Inc and/or their directors, officers, managers, employees, volunteers, representatives, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers.
f. I further agree, acknowledge and covenant that in consideration for my child being permitted to participate in Thrive activities, I assume full responsibility for any loss of property, accidents, bodily injury, or death as a result of my child’s participation in Thrive activities, which includes, but is not limited to any causes of action or claims arising from dangerous or defective equipment or property owned, maintained, or controlled by Thrive or any of the Released Parties, traveling to and from any Thrive activities and any injury, damages, death, property damages or theft done by another participant or third party while my child participants in Thrive activities.
g. I expressly agree and acknowledge that this Waiver and Release of Liability Agreement is intended to be as broad and inclusive as is permitted by the laws of Florida and that if any portion thereof is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.
h. I agree and acknowledge that without signing this form my child will not be able to participate in any Thrive activities.
I acknowledge that I have read (or have had read to me) each and every one of the provisions in this Waiver and Release of Liability Agreement, and that I understand each of the provisions in this agreement and that I agree to abide by them.