WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Nov 29, 2022 12:22 PM
WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in Ballet, Dance, Pilates, strength and agility exercises, or other body conditioning activities with the Torres Di Dio Ballet Program located at The Dance Spot Eastlake studio or via virtual (online) sessions (such activities referred to herein, singly or collectively, as “the Activity”) provided by the Torres Di Dio Ballet Program, I/My child agree to the terms in this document.
1. I/My child acknowledge that the Activity involves inherent risks of injury including, but not limited to, muscle strains or tears, torn ligaments, back or neck injuries, falls, fractures, overexertion, and injuries from my/their lack of fitness or conditioning, and hazards associated with the negligence of others, including any instruction and/or coaching I/they may receive. I/My child further acknowledge that as a consequence of the inherent risks, I/My child may be seriously hurt or disabled or may die from the resulting injuries. I voluntarily choose to participate in the Activity despite such risks. If at any time I/my child believe that conditions are unsafe or that I/my child am/is unable to participate due to my/their physical or medical conditions, I/my child will immediately discontinue participation. I/My child agree(s) to immediately stop performing any activity if I/they feel any pain, dizziness, light- headedness, or any other symptoms, and to immediately report those symptoms to the instructor. I/they also agree to carefully follow the instructors’ directions, to ask for additional directions if I do not understand any particular activity, and to immediately stop any activity which I/they believe I am/they are not competent or confident enough to perform.
2. I/My child understand(s) that it is my/their responsibility to consult with a physician prior to and as needed during the course of my/their participation in the Activity. I/My child represent and warrant that I/they am/are physically fit and that I/my child have/has no medical or physical condition that could compromise or interfere with my/their health and safety or prevent my/their full participation in the Activity, or else I/my child hereby assume(s) and bear(s) the consequences and costs of all risks that may be created, directly or indirectly, by any such condition.
3. I/My child expressly accept and assume full responsibility for any and all injuries or risks, known or unanticipated and whether or not listed above, which I/they may incur as a result of participating in the Activity. To the fullest extent permitted by law, on behalf of myself/my child, my/their heirs, and my/their legal representatives, I/my child hereby waive(s), release and agree to hold harmless the Torres Di Dio Ballet Program and its/their employees, instructors, contractors and agents (the “Released Parties”) from and against any and all actions, causes of action, suits, claims, demands, damages, liabilities, or expenses whatsoever (collectively, “Claims”) arising from or in connection with injury, death, loss or harm incurred by me/my child during the Activity or in any way related to the Activity, including Claims for the negligence of the Released Parties; and I/my child covenant not to sue or make a claim against the Released Parties for injury, death, loss or harm occurring to me during the Activity or in any way related to the Activity. This Release does not extend to Claims for gross negligence or intentional or reckless misconduct or any other liabilities that California law does not permit to be excluded by agreement.
4. I/My child agree(s) to defend, indemnify and hold harmless the Released Parties from and against any and all claims, actions, suits, procedures, damages, liabilities, costs and expenses (including attorney fees), including claims arising from or for my/my child’s own negligence, brought as a result of my/my child’s participation in the Activity, and to reimburse the Released Parties for any such damages, costs and expenses incurred.
5. I/My child agree(s) to follow the rules for the Activity provided to me/them and to follow directions given to me/them by a coach or instructor; however, it is my/their responsibility to monitor by own fitness and abilities and make appropriate decisions for my/their own well-being while participating in the Activity.
6. I/My child agree(s) that the purpose of this Agreement is that it shall be an enforceable waiver, release of liability, assumption of risk, and indemnity as broad and inclusive as is permitted by California law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provisions will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Agreement.
7. I/My child understand(s) that if any of the rules and regulations of the program are broken by the student, the Torres Di Dio Ballet Program reserve the right to dismiss the student without refund or recourse. I/My child, THE STUDENT, agree to abide by all rules and regulations set in place by the Torres Di Dio Ballet Program. I understand that I am liable for all fee’s associated with the program and by signing this form I am registering for the program and agree to pay the program costs in full. No refunds, no exceptions.
8. I/My child consent to photographs and videos of me/them being taken during the Activity. To the fullest extent allowed by law, I/my child waive all rights of publicity or privacy or pre-approval that I/my child have for any such photographs or videos and agree that they may be used in whole or in part in any form, without restriction, by the Torres Di Dio Ballet Program for promotional materials, including publication in print or electronically (which may include posting on social media such as Facebook, Instagram, and LinkedIn).
I AND MY CHILD HAVE FULLY INFORMED OURSELVES OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS AGREEMENT HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THAT THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
In consideration of my minor child being permitted to participate in the Activity, I accept and agree to the full contents of this Agreement with respect to the child’s participation. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding the Activity. I also agree to release, hold harmless, indemnify and defend the Released Parties (defined in Section 3 above) from all Claims (defined in Section 3) that arise in any way from or in connection with any injury, death, loss or harm that occurs to the minor child during the Activity or in any way related to the Activity. This includes any claim of the minor child and any claim arising from the negligence of the Release Parties. I understand that nothing in this Agreement is intended to release claims for gross negligence or intentional or reckless misconduct or any other liabilities that California law does not permit to be excluded by agreement.