PLEASE READ THROUGH THE FOLLOWING LEGAL DOCUMENT (A.M.R Dance Waivers)
Participation - Photo/Video - Handbook - Injury/Medical Conditions - Entry Way Discretions
A.M.R DANCE STUDIO WAIVER & RELEASE OF LIABILITY
Please read BEFORE signing. Consent to use the following premises and participate in the following activities is conditional upon signing this electronic Waiver & Release of Liability.
Season: A.M.R Dance Studio 2024-2025 Dance Season
Hosts: Dance Instructors of A.M.R Dance Studio
Premises: 20 3rd Avenue West, Drumheller, Alberta T0J 0Y4. Location 2 TBC, Drumheller, Alberta.
Business Owner: A.M.R Dance Studio (hereinafter referred to as “A.M.Râ€)
Date: September 2024 to August 2025 A.M.R Dance Studio Dance Season
In consideration of A.M.R permitting the Participant (the “Participantâ€), who is under the age of eighteen (18), to attend the Premises to: (a) attend the Premises to participate in dance classes instructed by the Hosts; (b) utilize the amenities located on the Premises, including, but not limited to the dance studio, and other amenities related thereto; (c) attend various dance competitions throughout Alberta as a dance competitor and representative of A.M.R Dance Studio; and (d) engage in any other activities overseen by the Hosts on or off the Premises on the dates noted above (collectively, the “Activitiesâ€), the undersigned, being the parent or legal guardian of the Participant (the “Guardianâ€), acknowledges and agrees as follows:
1) The Guardian is over the age of eighteen (18) years and expressly acknowledges and agrees that the Guardian’s execution of this electronic Waiver & Release of Liability (the “e-Waiver & Releaseâ€) is a mandatory pre-requisite to the Participant being eligible to attend the Premises or participate in the Season and/or any Activities. Upon signing this e-Waiver & Release, and in addition to being binding as against the Participant, the same will be binding against the Guardian to the same extent as if the Guardian was the Participant.
2) Where the Guardian will not be present on the Premises, the Guardian must consent to the Participant being supervised by the Hosts, such consent being evidenced by the electronic signature of the Guardian below. Notwithstanding the foregoing, in no event will the Hosts be held liable for the actions or inactions of the Participant while the Participant is being supervised by the Hosts.
3) The Guardian hereby acknowledges and agrees that the Guardian is dropping off the Participant at the Premises and the Participant is unattended in the entry of the Premises prior to the start of any Activities. The Hosts are not present in the entry of the Premises prior to the commencement of any Activities, and therefore the Guardian is leaving the Participant unattended at their own risk.
4) At all times that the Participant is present on the Premises, s/he will strictly abide by all (a) municipal, provincial, and federal statutes, laws, bylaws, and all other applicable laws; and (b) all policies, rules, and directions that are applicable to the Activities or the Event and which are communicated to the Participant and/or Guardian either verbally or in writing by the Hosts. By signing this e-Waiver & Release the Guardian acknowledges that the Guardian has received an electronic copy of the A.M.R Student Handbook and A.M.R Parent Handbook (collectively referred to as the “Handbooksâ€) via email. On behalf of the Participant, and as the Guardian of the Participant, the Guardian hereby accepts and agrees to abide by the policies, rules and directions outlined in the Handbooks.
5) The Guardian hereby agrees and acknowledges that the Hosts may take photos and/or videos of the Participant during the Season and during the Activities. The photos and/or videos may be used by A.M.R: (a) A.M.R advertisements; (b) A.M.R website content; (c) social media platforms of A.M.R; (d) A.M.R social media posts shared by the Instructors or other Participants of A.M.R; and (e) such other uses as A.M.R deems beneficial for the promotion of its business.
6) The Guardian hereby acknowledges and agrees that the Participant has the necessary fitness to participate in the Activities and that neither the Guardian nor the Participant has been advised or instructed by any medical practitioner that the Participant should not be engaging in the physical exercise required to do the Activities. By signing this e-Waiver & Release the Guardian confirms that the Guardian has accurately disclosed any physical conditions or allergies that may affect the Participant’s engagement in the Season and/or Activities.
7) The Guardian understands and accepts that the Participant’s attendance at the Premises and participation in the Activities involve (a) risks and dangers to the Participant’s personal property, including theft or damage to personal property (collectively, the “Property Risksâ€); (b) risks and dangers of serious bodily harm to the Participant, including, but not limited to, permanent disability and/or death (i.e. injuries sustained from utilizing the amenities on the Premises, or otherwise) (the “Personal Risksâ€); and (c) other risks, including social, economic, and consequential losses and damages which may not be known to the Participant or not readily foreseeable at this time (the “Other Risksâ€).
8) The Guardian expressly acknowledges that the description of the Risks set out in Paragraph 5 and Paragraph 6 are not all encompassing and the Guardian voluntarily chooses to permit the Participant to attend the Premises and participate in the Activities. The Guardian expressly assumes all risks, dangers, and responsibility of the Participant’s attendance at the Premises, participation in the Activities, and the possibility of injury, death, property damage, and other losses resulting therefrom, whether described in this Agreement and whether known or unknown, inherent or otherwise.
9) The Guardian acknowledges that the Property Risks, the Personal Risks, and the Other Risks which the Participant may encounter at the Premises and/or during the Activities may be caused by: (a) the Participant’s own actions or inactions; (b) the actions or inactions of others on the Premises; (c) the physical condition or state of the Premises; and/or (d) the negligence of A.M.R.
10) The Guardian hereby agrees to: (a) waive any and all claims of any nature, whatsoever, which the Guardian or the Participant have now or in the future against A.M.R resulting from or relating to the Participant’s attendance at the Premises and/or his or her participation in the Season and/or the Activities; (b) release A.M.R from all liability, whatsoever, for any losses, expenses, damages, or injury (including disability and/or death) that the Participant may suffer due to his or her attendance at the Premises and/or his or her participation in the Season and the Activities due to any cause whatsoever, including breach of contract and/or any breach of any common law or statutory duty of care applicable to A.M.R, including any duty of care set out in the Occupier’s Liability Act (Alberta), as well as the failure of A.M.R to protect the Participant from the risks, dangers, and hazards set out in this e-Waiver & Release; and (c) indemnify, hold harmless, and forever discharge A.M.R from and against all manner of actions, causes of action, suits, debts, sums of money, damages, costs, claims, and demands of every nature, whatsoever, including third party claims, which may exist at law, common law, equity, under any statute or legislation, or in any Canadian or foreign court, administrative body, mediation, or arbitration proceeding, whether asserted or unasserted, directly or indirectly relating to or arising from the Participant’s attendance at the Premises, the Participant’s participation in the Season and/or the Activities, and/or the negligence of A.M.R.
11) If despite this e-Waiver & Release any person claiming on, by, or through the Participant makes any manner of claim or commences any form of legal or quasi-legal proceedings against A.M.R, the Guardian will indemnify, save, and hold A.M.R harmless from and against all litigation expenses, solicitor/client fees on a full indemnity basis, losses, liability, damages, or costs of every nature which A.M.R may incur because of such claim or the commencement of such legal or quasi-legal proceedings.
12) This e-Waiver & Release will be binding on the Guardian, the Participant, and each of their respective heirs, executors, administrators, successors, and personal representatives.
13) The Guardian understands that this e-Waiver & Release is signed electronically and this e-Waiver & Release shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law and the Guardian hereby waives any objection to the contrary.
By electronically clicking the “I Agree†icon below, you hereby confirm: I HAVE READ THIS ELECTRONIC WAIVER & RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT SUBSTANTIAL RIGHTS HAVE BEEN GIVEN UP BY ELECTRONICALLY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE. I INTEND THIS ELECTRONIC WAIVER & RELEASE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE A.M.R TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE SHALL CONTINUE IN FULL EFFECT.
