I, the Participant, knowingly accepting the risk of harm, injury, and/or potential exposure to Covid-19 or its variants, or other serious injury or illness occurring out of or from my participation in any activity, including but not limited to meetings, classes, dances, social functions, or other related events (the “Activity”), and as consideration for the right to participate in the Activity, agree by my signature below, for myself, my heirs, executors, administrators, assigns, that I knowingly understand that Group Name: Swingesota, LLC, Address: 53 Teresa Dr. St. Paul, MN 55118, its affiliates, managers, members, agents, attorneys, directors, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (the “Sponsor”) accepts no liability for any harm to myself, my income, or my property, occurring out of or from my participation. I am voluntarily entering into this Participant Assumption of Risk, Waiver, and Release of Liability (the “Agreement”). Personal Assumption of Risk: I am voluntarily participating in the Activity entirely at my own risk. I acknowledge and understand the following: - I assume all related risks, both known or unknown, to me or my property, of my participation in this Activity; and
- I hereby knowingly assume the risk of injury, harm, and loss associated with the Activity, including any injury, harm, and loss caused by the negligence, fault, or conduct of any kind on the part of the Released Parties or myself; and
- My participation may include possible exposure to an illness from infectious diseases including but not limited to Covid-19 or any variation thereof. While particular rules and personal discipline may reduce this risk, I knowingly accept the risk of serious illness and death by my participation.
Release of Liability: I do hereby release and forever discharge Sponsor, for any physical or psychological harm, including but not limited to suffering, transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, illness, disfigurement, temporary or permanent disability (including paralysis), injury, exposure, economic or emotional loss, and death, that I may suffer as a result of my participation in the aforementioned Activity, including traveling to and from the Activity. I agree that should any of these issues arise, will immediately discontinue my participation, and seek appropriate medical attention. I Agree
Waiver: I hereby waive any and all rights, claims, or causes of action in law or equity arising out of my participation in the Activity, or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs. If litigation arises pursuant to any claims, I agree to reimburse Sponsor. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. I acknowledge Sponsor is not responsible for errors, omissions, acts or failures to act of any party or entity participating in or conducting a specific event or activity on behalf of Sponsor. I Agree
Medical Release: 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 expressly release and forever discharge the Sponsor from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with my participation in the activity. I release and forever discharge the Sponsor and released parties from any other claim relating to of any first aid care, treatment, or service rendered in connection with my participation in the activity. I am aware and understand that I should carry my own health/medical insurance. I Agree
Damages that I Cause: 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 repair of said damages. I Agree
Freely Entered: I entered into this Agreement at arm's-length, without duress or coercion. This Agreement is to be interpreted as an agreement between two parties of equal bargaining strength. Both I, the Participant (signed below), and Sponsor agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted altering or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. I Agree
Severability: 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, or 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, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited. I Agree
Disputes & Jurisdiction: This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Minnesota in the County where the Sponsor maintains a legal address. If any dispute arises among the parties hereto, the parties agree to first try in good faith to settle the dispute by direct negotiations. In the event the Sponsor and Participant cannot resolve any claim or dispute between them through direct negotiations, such dispute shall be subject to mediation before resorting to a Court of Law. Costs of any mediation proceeding shall be shared equally by all parties. I Agree
Swingesota Code of Conduct We want everyone to have a fantastic time diving into West Coast Swing this weekend. To help ensure that happens, we ask that everyone adhere to the following guidelines meant to make our classes, workshops, dances, and any other Swingesota event a fun and safe space. Behavior During Events - Respect your partner, please do not consume excessive amounts of any intoxicating substances.
- Do not intentionally caress breasts or genitals.
- Give the best possible dance to every partner. Dance with unfamiliar people. We want the community to grow.
- You are encouraged to voice concerns about any behavior to any of the Swingesota Instructors, staff or safety liaisons, who will hear you without judgment and work to resolve the situation.
- Do not teach or give feedback on the dance floor during a social unless it is requested or the movement was dangerous or painful. If you get feedback, you may listen to the feedback or kindly decline. For instance, you can say “I’d like for feedback to be given only during lessons, if you don’t mind.”
- If you want to teach something and the other party agrees, you may teach off of the active dance floor. Examples of acceptable teaching: you may show beginners basic steps.
Consent & Safety - Respect physical and emotional safety
- Please respectfully ask all potential partners to dance. Do not grab or pull anyone onto the dance floor. If you are unfamiliar with them, ask them “What role would you like to dance?”
- It’s good before dancing to ask questions like “how are you feeling today?” “Is close embrace ok?” “Anything I should be careful about today?”
- Ask before you do these things the first time: lifts, hugs, and anything that could be seen as either intimate or dangerous.
- We encourage everyone to ask prior to initiating for the first time: head movement, dips, and close embrace.
- We are learning to connect and use our bodies in ways that we might not be practiced at. Sometimes it will be awkward and sometimes we will make mistakes. Please be sensitive to this process
- You might unintentionally violate a boundary. Please be open and humble if someone tells you this.
- Others may violate your boundaries. Please be courageous in using your words to communicate your needs.
Promoting Your Boundaries During Socials - You have the right to accept or refuse any dance without needing to give a reason or apology. Learn to say “no,” “not right now,” and “yes.” Dancing with someone else during the same song may be viewed as impolite, but your safety is more valuable than good manners.
- You can end a dance with a light squeeze or a high five and a thank you.
- Practice using verbal and non-verbal methods of changing holds from close to open embrace.
- Move to verbal feedback whenever you need.
Dance Role Anyone can lead, and anyone can follow, and anyone can try the other role. Dance Safely - Avoid yanking, jerking, or forceful movement (risk of shoulder, arm, neck, and upper-back injuries)
- Avoid bending over your partner during a dip (risk of lower back injuries)
- Avoid sudden weight sharing (“dropping your weight”)
- Use caution with any movement that causes a dancer’s head to be lower than their hips (especially, but not limited to, dips),
- If the dance feels unsafe, clearly and politely communicate what feels unsafe and what you want. For example, say “That movement is too forceful for my body, can you please be more gentle.”
- If your dance partner seems in pain, ask if they are okay. For example, say “Hey, are you experiencing any pain? Is there a way we can dance together that would be more comfortable to you?”
- All participants should both be alert and practice good floorcraft. Be conscious of who is around. If you accidentally hit or kick another dancer, apologize and make sure they are ok.
Hygiene and Dress - Shower. Wear clean clothes. Be mindful of emitting body odors.
- Don’t overuse scented products. Some people have allergies.
- Sweaty? Bring 2-6 shirts per night and/or a sweat towel.
In Short: Please be kind and considerate toward other attendees and Swingesota staff, and always be ready to accept a “no” or give someone space with grace. We reserve the right to eject and/or ban anyone engaging in harassing or illegal behavior from our event without providing a refund. I have read and agree to the Code of Conduct
Photography and Video Release I understand that Swingesota may be documenting any Swingesota activities via videography or photography and I expressly agree to and grant the unlimited right and authority to use any photos and videos of my participation in those activities.
My signature below indicates that I have read this entire document, understand the words and language in it, and agree to be bound by its terms. I have knowledge of the potential dangers incidental to participating in Swingesota activities and any questions about potential risks and dangers have been answered to my satisfaction.
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