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WAIVER AND RELEASE OF LIABILITY
Waiver: In consideration of permission to use, today and on all future dates, the property, facilities, staff, equipment and services of Georgie Donais and MUTABLE ARTS, I, for myself, my heirs, next of kin, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Georgie Donais, MUTABLE ARTS, its directors, officers, employees, contractors, volunteers, agents, and other participants in the Activities and, if applicable, owners and lessors of premises used to conduct the Activities ("Releasees") from liability, from any and all claims including negligence resulting in personal injury, accidents or illnesses (including death) and property and economic loss arising from, but not limited to, participation in activities, classes, open training, online classes, observation, and use of facilities, premises, or equipment.
Assumption of Risks: Aerial arts, dance, and all physical activities, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. This program has facilities for and provides for activities such as movement, stretching, conditioning and aerial arts. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others 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; 2) major injuries such as joint or back injuries, heart attacks, and concussions; to 3) catastrophic injuries including paralysis and death. I accept for use as-is the equipment to be used in activities governed by this agreement.
Online Class Risk and Responsibility: I understand that I am responsible for supervising students in my care during remote or online class attendance, and while accessing any materials made available by Mutable Arts. I understand that students who attend live remote classes are required to have their camera on during class. I will give permission via the meeting software to MUTABLE ARTS to unmute our microphone during class, and will otherwise keep the microphone muted. I understand that MUTABLE ARTS and their Releasees are not responsible for any damage sustained to my home or environs as a result of student participation in these activities.
COVID-19: In consideration of being permitted to participate in the Activities provided by MUTABLE ARTS and their Releasees, I represent that I am in good health and have had no known exposure to COVID-19 and no symptoms of COVID-19, including, but not limited to, cough, fever, shortness of breath or difficulty breathing, difficulty swallowing, chills, repeated shaking with chills, muscle pain, headache, hair loss, new loss of taste and smell, sore throat, vomiting, diarrhea, conjunctivitis for 14 days prior to attending the facility. I acknowledge that if I suspect, believe, or have any reason to believe, I have had any exposure to COVID-19, I will immediately cease attendance at the facility until I can again warrant that I have had no known exposure for the 14 day period. I further warrant that I will alert the facility if I have been on the premises since my exposure. I am aware that training during and after the COVID-19 pandemic involves certain inherent risks, dangers and hazards, which can result in conditions including, but not limited to, serious infection, personal injury or death to myself and others. I further acknowledge, understand, appreciate, and agree that my participation may result in possible exposure to and illness from COVID-19, Influenzas, Contagions and/or Infections. I hereby freely agree to assume and accept all known and unknown risks of exposure to COVID-19, Influenzas, Contagions and/or Infections, even arising from the negligence of the Releasees or others and assume full responsibility for my participation. I acknowledge that I have read the document at https://www.mutablearts.ca/covid-19.html regarding Mutable Arts' COVID-19 approach, and will check the link frequently for updates.
Personal Responsibility: I agree to obey the class and facility rules and take full responsibility for my behavior, in addition to any damage I may cause to the facilities utilized for classes, rehearsals, performances, or activities. I understand that I should be aware of my physical limitations and agree not to exceed them. I certify that I am in good health and physically able to take part in classes. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the activities made possible by this program. I hereby assert that my participation is voluntary and that I knowingly assume all risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD HARMLESS Georgie Donais and MUTABLE ARTS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in aerial arts, dance, or any activity associated with this program.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that I am accepting the entire agreement. No written modification or strike-out of the originally typed agreement shall be effective unless signed by both parties. I agree that if any portion of this agreement is held to be invalid, that portion shall be severable, and the remaining agreement shall continue to have full force and effect. In the event of my death or incapacity, this agreement shall be effective and binding upon my heirs, estate, next of kin, executors, administrators, assigns and representatives.
Release: I understand that at these classes, events or related activities, my child and/or I may be photographed. I agree to allow our photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. By signing this form, I acknowledge that I am giving unrestricted permission for our images to be used in print, video, and digital media, and these images may be used now and in the future without further notification, without revocation.
Communication: I agree to receive correspondence from MUTABLE ARTS, electronic or otherwise.
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