Hall of Fame Dance Challenge, Inc. (“Hall of Fame”) is pleased to resume its dance competitions. Hall of Fame wishes to advise all participants and their families about the risk relating to Covid-19. As most people know, the novel coronavirus, also known as Covid-19, is a contagious disease that has spread throughout most countries of the world. The World Health Organization declared Covid-19 to be a worldwide pandemic.
Hall of Fame has cancelled many events due to this pandemic, but now several states are reporting that the infection rates have been reduced to the point that Stay Home orders are being lifted. Despite declining infection rates and generally safer conditions, there is no way that Hall of Fame or any other company can guarantee or ensure that a person will not become infected.
Hall of Fame is pleased to again stage dance competitions for its loyal studios and dancers. In doing so, Hall of Fame will continue to closely monitor applicable state and local orders and government guidances, including guidances from the Centers for Disease Control and Prevention (“CDC”). At its events, Hall of Fame will strive to limit any risk of infection by complying with state, local and federal guidelines and recommendations. As such, you may see some differences in our events compared to the pre-pandemic events that we have staged.
Even with all of the steps taken by Hall of Fame, we, of course, like any other business, cannot guarantee that you or your child[ren] will not be exposed to Covid-19. Therefore, by signing this document, you acknowledge that you are voluntarily assuming the risk that you or your child[ren] may be exposed to or infected by Covid-19 at a Hall of Fame event and that such exposure could potentially result in illness, injury, disability, or even death.
By choosing to bring your child[ren] to one or more Hall of Fame events, you are hereby waiving, releasing and discharging Hall of Fame (and any of its officers, employees or contractors) from any liability relating to Covid-19 on your behalf and on behalf of your child. By signing below, you are knowingly and voluntarily waiving, to the fullest extent permitted by applicable law, the benefits of any statute, law, rule or common law principal which may limit the scope of this release/waiver and you are voluntarily assuming the risk of any infection that you or your child[ren] may suffer as a result of attending any Hall of Fame event.
Finally, we are cautioning you that you must not bring any child (or any other person) to any Hall of Fame event if that child is suffering any symptoms associated with Covid-19, such as fever, sore throat, shortness of breath, chills, muscle pain, new loss of taste or smell, gastrointestinal symptoms (like nausea, vomiting or diarrhea), and cough. If you or your child are suffering any such symptoms, please notify us immediately and cancel your child’s participation.
Contestants are understood to recognize the risks of physical injury inherent in dance and dance performances and be willing to assume those risks. It is agreed that participants will not hold Hall of Fame Dance Challenge, Inc. or its directors or employees liable for injuries sustained or illnesses contracted by them while in attendance and/or performing in any activity at a Hall of Fame Dance Challenge competition.
I, on behalf of myself, my child, and my heirs, successors and assigns, hereby acknowledge that the Company and I agree to the following Dispute Resolution Procedures.
(a) Any and all disputes arising from the Competition shall be submitted to mediation, and if the dispute is not resolved in mediation, then arbitration, in accordance with the applicable commercial arbitration rules of the American Arbitration Association (“AAA”), except as those rules conflict with applicable Florida law. For the avoidance of doubt, any dispute regarding the effectiveness of this waiver or dispute resolution provision shall itself be subject to the duty to mediate and then arbitrate the dispute. The fees and costs of the arbitrator and the arbitration and administrative fees shall be borne equally by the parties. The AAA’s procedures are publicly available and may be found on the AAA’s website (www.adr.org).
(b) Any arbitration hearings shall be held in Ft. Lauderdale, FL, unless the Company and I mutually agree otherwise. All substantive rights provided under any applicable statute and/or law, the right to representation by counsel, an opportunity for reasonable discovery, a neutral arbitrator, a fair arbitral hearing, and a written arbitral award containing findings of facts and conclusions of law shall be available in the arbitration.
(c) The award issued by the arbitrator shall be final and binding on me, my child, my heirs, successors and assigns and the Company, and judgment on the award may be entered in any court of competent jurisdiction fully in accordance with the Federal Arbitration Act, or analogous state law, with the intent of adhering to the national policy favoring the arbitration of disputes. In any action to enforce an Arbitration Award, the prevailing party will be entitled to reimbursement of its costs and fees, including reasonable attorneys’ fees.
(d) I fully understand and agree that this arbitration provision constitutes a waiver of my right (and that of my child, and my heirs, successors and assigns) to adjudicate all claims in court and before a jury, and the parties are instead opting to arbitrate any such claims. Further, to the extent permitted by law, I agree that I may not assert any claim against the Company, its owners, subsidiaries, affiliates, employees and/or agents or any of the Indemnified beyond the sooner of the applicable statute of limitations or 180 days after the occurrence of any act allegedly giving rise to such claim.
FOR CALIFORNIA ONLY
It is my that this agreement will be effective as a full and final accord and satisfaction and release of all claims and rights, whether known or unknown. In furtherance of this intention, I acknowledge familiarity with Section 1542 of the Civil Code of the State of California, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
I expressly waive and release any right or benefit which I may have under § 1542 of the Civil Code of the State of California to the fullest extent that I may waive such rights and benefits pertaining to the matters released in this agreement. It is my intention, through this agreement, to fully and finally waive and release all claims I may have against the Company or the Indemnified, whether known or unknown, as of the effective date of this Release
I am at least 18 years old. I have read this waiver, assumption, indemnification and arbitration agreement carefully. I fully understand its terms. I executed this Agreement knowingly, freely, and voluntarily without any inducement, duress or coercion, intending to be legally bound.
Hall of Fame thanks you for your understanding and loyalty.