Feb 03, 2023 01:05 AM
In consideration of the risk of injury while participating in dance classes, rehearsals, meetings, or the likes thereof (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims, or causes of action if any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Namari Dance Center, located at 7730 Roswell Rd Atlanta Ga 30350, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical, or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from and event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL ORPSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTCIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THE ACTIVITY.
I agree to indemnify and hold harmless Namari Dance Center against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensations or otherwise brought by me or anyone on my behalf, including attorney's fees and related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Namari Dance Center incurs any of these types of expenses, I agree to reimburse Namari Dance Center.
I acknowledge that Namari Dance Center and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf or Namari Dance Center.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE NAMARIE DANCE CENTER AND ALL OF IT'S AFFILIATES, MANAGERS, MEMEBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINTS NAMARI DANCE CENTER FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statue or case law does not prohibit releases for negligence, this release is also for negligence on the part of Namari Dance Center, it's agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the participant, and Namari Dance Center agree that this Agreement is clear and unambiguous as to it's terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purpose for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years old or older, and that I am freely signing this agreement, I certify that I have read this agreement, that I fully understand it's content and that this release cannot be modified orally. I am aware that this a release of liability and a contract and that I am signing it of my own free will.
PARENTS/GUARDIAN WAIVER FOR MINORS
In the event the participant is under the age of consent (18 years of age). This release form must be signed by a parent and/or guardian as follows:
I hereby certify that I am the parent or guardian ____________________________________________, and do hereby give my consent without reservation to the foregoing on behalf of this individual.