PARTICIPANT RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND MEDIA AGREEMENT I am entering into this Participant Release of Liability, Assumption of Risk, and Media Agreement (“Agreement”) on behalf of myself and/or my minor child or children listed below. Whenever the terms “I” or “my” are used in this Agreement, the terms include me and my minor child or children listed below. In exchange for being permitted to participate in or attend any dance class, convention, competition, performance, or event (collectively, the “Event”) organized, hosted, or produced by MONSTERS OF HIPHOP, LLC (“Monsters”), ADRENALINE DANCE INC, REVIVE DANCE INC, NATIONAL DANCE HONORS LLC, AMPLIFIED PRODUCTIONS LLC, or their respective parent companies, subsidiaries, affiliates, licensees, venue partners, successors, and assigns (collectively and individually referred to as the “Company” or the “Released Parties”), I hereby agree to the following terms: 1. Consent and Term - Consent: By signing this Agreement, I consent to my participation in the Event. I agree to strictly observe all rules, regulations, instructions, or directions given by the faculty, teachers, staff, or employees of the Company.
- Term: This Agreement is perpetual. I agree that the rights, releases, waivers, and indemnities set forth in this Agreement shall apply to any and all Events I attend or participate in at any time in on and after the date of this Agreement, and shall remain in full force and effect in perpetuity.
2. Assumption of Risks - Identified Risks: I fully understand that participation in the Event involves strenuous physical activity and certain inherent or external risks, hazards, and dangers that can lead to severe injury, illness, property damage, mental/emotional trauma, disability, or death. These risks include, but are not limited to slips, trips, and falls; concussions; overexertion and overheating; muscular/skeletal strains, sprains, and fractures; human error; equipment failures; my own fitness level or negligence; the negligence of others; and exposure to pandemics, epidemics, or other infectious diseases (“Risks”). I further agree that the Company is not responsible should anything that happens if I voluntarily leave a workshop or activity during an Event for any reason without the consent of the Company, and that the consequences of My actions are included in the term “Risks.”
- Voluntary Assumption: I knowingly and voluntarily assume all of the Risks associated with the Event, whether inherent or not, and whether or not identified in this Agreement.
3. Comprehensive Release and Waiver of Liability By signing this Agreement, I agree to release, waive, acquit, and discharge the Company and its owners, officers, employees, agents, representatives, successors, and assigns (“Released Parties”) from, and agree not to sue or pursue any legal claim against the Released Parties, for any liability, claim, demand, cost, expense, or cause of action associated with My participation in the Event. - Actions Covered by Release: This waiver applies to claims for personal injury, property damage, wrongful death, breach of contract, liability for dangerous activities., or for any other cause of action.
- Extent of Release: To the fullest extent permitted by law, this release includes any losses caused or arising in whole or in part from the actions or inactions of the Company or the Released Parties (except for those arising from gross negligence or intentional misconduct).
4. Indemnification Agreement I agree to defend, indemnify, and hold harmless the Company and the Released Parties from and against any and all claims, suits, liabilities, losses, costs, or expenses (including reasonable attorney’s fees and court costs) brought by or on behalf of me, my child(ren), a family member, my estate, or any third party arising out of or related to My participation in the Event. - This indemnity includes the immediate reimbursement of attorney’s fees and costs incurred by the Released Parties in defending a claim if the claim is subsequently withdrawn, or if a court determines the Released Parties are not liable.
5. Participant Health Status and Warranties I represent and warrant that: - I am, and if I am signing this Agreement on behalf of my minor child or children, they are, in excellent health and possess no physical, mental, or medical limitations, including, but not limited to, unmanaged neck, back, heart conditions, or pregnancy risks (collectively termed "Adverse Conditions") that would affect My participation in the Event
- I have not been advised by a qualified medical professional that I or my minor child or children (if I am signing this Agreement on behalf of my minor child or children) have an Adverse Condition.
- The Company has made no representations regarding My fitness or ability to safely participate, and I freely elect to participate in the Event with full knowledge of the physical rigors required.
6. Emergency Medical Authorization In the event of a medical emergency or injury during the Event, I hereby authorize the Company (and its agents, employees, or contractors) to act as My agent to administer emergency first aid, contact emergency medical personnel, and approve necessary medical treatment or transportation, and I agree to assume full financial responsibility for any and all costs, fees, and expenses associated with any medical treatment, transit, or care. 7. Termination of Participation The Company reserves the absolute right to refuse, deny, or terminate My participation in the Event at any time if staff or instructors determine that I am incapable of, or unwilling to meet, the safety and behavioral rigors of the Event. I further agree not to engage in any activity beyond my capabilities and will not endanger any third party. 8. Standard Appearance, Media, and Content Release - Grant of Rights: For good and valuable consideration, I grant the Company the irrevocable, perpetual, royalty-free, and worldwide right to photograph, film, videotape, audio-record, and capture My name, image, likeness, voice, biographical details, and editorial comments (collectively, the “Appearance”).
- Ownership of Content: I agree that the Company shall be the sole and exclusive owner of all rights, including copyrights, in any resulting media, digital files, images, or audiovisual works from any Event (collectively, the “Content”). I further agree that the Company may edit, crop, alter, license, distribute, and exploit the Content in any media format now known or hereafter devised, in perpetuity, throughout the universe, for promotional, advertising, commercial, social media, brochure, theatrical, film or television purposes, without compensation, royalties, or approval rights.
- Waiver of Review: I waive any right to inspect or approve the finished Content or the marketing assets where the Appearance may ultimately feature.
- Content Release: I release the Company from all media-related claims, including defamation, invasion of privacy, violation of rights of publicity, or copyright infringement, and explicitly waive any right to seek injunctive or equitable relief to stop or block the distribution of the Content.
9. Marketing Communications Opt-In By executing this Agreement, I consent to receive digital marketing, promotional, and informational emails from the Company. I understand that I can revoke this consent and opt out at any time by clicking the unsubscribe link situated at the bottom of the emails. 10. Governing Law, Severability, and Integration - Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to its choice of law or conflict of law principles.
- Severability & Scope: This Agreement is intended to be as broad and inclusive as permitted by law. If any specific provision on this Agreement is found invalid or unenforceable by a court, the remaining provisions shall continue in full force and effect.
- Entire Agreement: This document represents the entire understanding between the parties regarding its subject matter, superseding all prior oral or written agreements.
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