I am the participant or the parent or legal guardian of the Participant named on the registration form (“Participant”), who is under eighteen (18) years of age. I am fully competent to agree to this Release, Hold Harmless, and Indemnification Agreement (“Agreement”). In consideration for Participant being allowed to participate in the Program identified on the registration form (“Program”), the receipt and sufficiency of which I hereby acknowledge, I agree as follows:
1. I acknowledge, understand, and accept that as part of Participant’s participation in the Program there are dangers, hazards, and inherent risks to which Participant may be exposed, including but not limited to the risks of serious physical injury, temporary or permanent disability, death, and economic and property loss. I know of no reason why Participant should not participate in the Program.
2. I, individually, and on behalf of Participant and our respective heirs, successors, assigns, and personal representatives, hereby forever release, acquit, discharge, covenant not to sue, and agree to indemnify and hold harmless for any and all purposes Tremaine Dance and its officers, employees, agents, and volunteers in official and individual capacities (“Releasees”) from any and all liability whatsoever for any and all damages, losses, or injuries (including but not limited to death) to persons or property or both, including but not limited to any and all claims, demands, actions, cause of actions, damages, losses, injuries, costs, expenses, and attorney’s fees, that result from, arise out of, or are related to:
a. Participant’s participation in the Program, Participant’s travel to or from the Program, or Participant’s presence on premises owned, leased, or operated by Releasees, INCLUDING BUT NOT LIMITED TO DAMAGES, LOSSES, OR INJURIES SUSTAINED AS A RESULT OF THE NEGLIGENCE OF RELEASEES;
b. In Case of an Emergency, medical treatment of Participant, any decision whether to seek medical treatment for Participant, and/or traveling to or from a medical care facility, INCLUDING BUT NOT LIMITED TO DAMAGES, LOSSES, OR INJURIES SUSTAINED AS A RESULT OF THE NEGLIGENCE OF RELEASEES, even if a Releasee has signed medical documentation promising to pay for the treatment due to my inability to sign the documentation.
3. I, individually, and on behalf of Participant and our respective heirs, successors, assigns, and personal representatives, hereby agree to indemnify and hold harmless the Releasees for any and all damages, losses, or injuries (including but not limited to death) to persons or property or both, including but not limited to any and all claims, demands, actions, cause of actions, damages, losses, injuries, costs, expenses, and attorney’s fees, that result from, arise out of, or are related to Participant’s negligent or intentional act(s) or omission(s) during Participant’s participation in the Program, Participant’s travel to or from the Program, or Participant’s presence on premises owned, leased, or operated by Releasees.
4. COVID-19 Acknowledgment. I acknowledge and agree the contagious nature of the novel coronavirus COVID-19 and voluntarily assume the risk that Participant may be exposed to or infected by COVID-19 by attending the Program and such exposure may result in personal injury, illness, permanent disability and death. I understand the risk of becoming exposed to or infected by COVID-19 at the Program may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Releasees. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to Participant (including but not limited to personal injury, disability and death), illness, damage, loss, claim, liability or expense of any kind that Participant may experience or incur in connection with participation in the Program (“Claims”). I hereby release, covenant not to sue, discharge, and hold harmless Releasees, its employees, agents and representative from all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand that this release includes and Claims based on the actions, omissions, or negligence of Releasees, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during or after participation in any Program.
5. Materials Release. I confirm that, having the sole right to do so, for good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), each of the undersigned below (collectively, “I”, “me” or “my”) irrevocably grant to TREMAINE DANCE, and its subsidiary and affiliated corporations, successors, assigns and licensees (collectively, “TD”), the non-exclusive right to photograph, record, reproduce, edit, alter, modify, create derivate works of, transmit or otherwise use the names, products, trademarks, trade names, logos, insignia, photographs, copyrighted material and/or other material(s) depicted in any materials I have supplied to TD, including but not limited to video, audio recordings, photographs or any similar intellectual property I have submitted herewith (collectively, “Materials”), in and in connection with the Program, TD promotional materials, or as otherwise desired by TD, without limitation as to time, territory or medium (be it now known or hereafter devised), and without compensation or liability of any kind.
I hereby grant to TD the right, without obligation, to depict my name voice, likeness, biographical information and/or other personally identifying information (collectively, “Likeness”) in any and all media, without limitation, whether now known or hereafter created, throughout the universe, in perpetuity, in connection with the Materials and for any other purpose, commercial or otherwise, and all rights, title and interest therein (including all worldwide copyrights therein) shall be the sole property of TD, free from any claims by me or any person deriving any rights of interest from me. My consent extends to minors and other persons in my care and charge. I agree not to use or permit the use by third parties of the Materials for any commercial purpose, or other financial gain, personal or otherwise, including but not limited to in any media format or broadcast, or for any other use without the express written permission of TD. In addition, I agree to sign any other documentation that TD may request for purposes of establishing its rights to use the Materials and my Likeness as contemplated herein.
I represent that I have the right to grant to TD the right to use the Materials without the necessity of obtaining the consent of any third person or entity, and that the Materials do not infringe the copyright or violate any right of publicity, privacy or any other right of any person or entity. I represent and warrant that the Materials do not contain (a) nudity, profanity or false or defamatory statements; (b) logos, trademarks, copyrights, photographs, paintings or any other intellectual property that I do not own (c) violent, vulgar, offensive or otherwise inappropriate behavior speech or materials. Nothing herein requires TD to use the Material. I agree to indemnify and hold harmless TD and any person claiming under TD, and the officers, directors, shareholders, employees, agents and representatives thereof, from and against any liabilities, losses, claims, demands, costs (including, without limitation, reasonable attorneys’ fees) and expenses arising in connection with any breach or alleged breach by me of any above representations or agreements.
6. I agree that this Agreement shall be governed by the laws of the State of California. I agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of California, and if any provision of this Agreement is held invalid, I agree that the remaining provisions shall, notwithstanding, continue in full legal force and effect.
7. By signing this waiver, I acknowledge and represent that I have read and understand this Agreement and sign it voluntarily, and no oral representations, statements, or inducements apart from the foregoing Agreement that has been reduced to writing have been made.