WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in dance instruction (the “Activity”) at Ambition Dance Productions (the "studio"), and as consideration for the right to participate in the Activity, I hereby agree as follows for myself, my heirs, my executors, administrators, next of kin, successors, assigns, and personal representatives:
Waiver and Release: I hereby waive, release and discharge any claims, liabilities, demands, causes of action or rights of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Ambition Dance Productions, its owners, instructors, employees and agents (collectively as “Ambition Dance Parties”) 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 an event related to this Studio. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Ambition Dance Productions, its owners, instructors, employees and agents.
Express Assumption of the Risk: I am aware of the risks associated with participating in this Activity, including travel to and from said Activity, which may include, but is not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes 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, relating to participation in this Activity. I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk.
Indemnification: I agree to indemnify and hold harmless Ambition Dance Productions against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation 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 made by me or by anyone else acting on my behalf. If Ambition Dance Productions incurs any of these types of expenses, I agree to reimburse Ambition Dance Productions.
I acknowledge that Ambition Dance Productions and their owners, 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 of Ambition Dance Productions.
Release of Liability/Assumption of the Risk Relating to Coronavirus/Covid 19: Coronavirus (COVID-19) has been declared a worldwide pandemic by the World Health Organization. Coronavirus is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state and local governments and federal and state health agencies recommend physical distancing and have, in many places, prohibited the assembly of large groups.
You acknowledge that this Studio has put in place certain “coronavirus rules,” and taken certain preventative measures, to reduce the spread of coronavirus within the facility; however, this Studio cannot guarantee that you, your guests or your family will not be exposed to or become infected with coronavirus. You understand that by accessing the studio, you may be putting you, your guests and/or your family at increased risk for contracting coronavirus. You further acknowledge that individuals with health conditions such as heart disease, cancer or diabetes may be more likely to suffer more severe symptoms as a result of contracting the coronavirus.
By signing below, you (referred to below as “I”) understand, acknowledge and agree to the following statements:
I assume the risk that I, my guests and/or my child(ren) may be exposed to or become infected with coronavirus andsuch exposure and/or infection may result in personal injury; illness, causing mild symptoms such as, fever or body aches, or more severe complications, such as pneumonia or organ failure; permanent disability or death; andI further understand that the risk of exposure to or infection with coronavirus may result from the acts, omissions, or negligence or myself or others, including but not limited to, the employees, owners and other members of Ambition Dance Productions.
I acknowledge that I have carefully read this Waiver and Release of Liability and fully understand that it is a release of liability
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.
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. I confirm that this agreement is clear and unambiguous as to its terms, and that I have had an opportunity to ask questions and/or seek clarification regarding any and all provisions. 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 purposes for which it is entered into.
In the event that any provision contained within this Waiver and 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.
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows: I hereby certify that I am the parent or guardian of named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual. If I am signing this waiver for my child, I certify that I am the parent or legal guardian and have the right to waive these rights.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, HAVE READ THIS DOCUMENT, UNDERSTAND ITS CONTENTS AND I HAVE FULL LEGAL CAPACITY TO SIGN THIS DOCUMENT.