ASSUMPTION OF RISK, INDEMNITY AGREEMENT As the legal parent or guardian, I release and hold harmless Thrive Dance Center, it’s owners and operators from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the participant and/or the undersigned, while inside or outside or upon the premises (indoor studios, outdoor studios, upper or lower parking lot, stairwells, hallways, studio rentals, birthday parties, private lessons, special events, programs) or any premises under the control and supervision of Thrive Dance Center, its owners and operators or in route to or from any of said premises.
Thrive Dance Center Waiver of Liability, Assumption of Risk, and Indemnity Agreement Waiver: In return for being permitted to participate in the Thrive Dance Center Classes (“The Activity”), including any associated use of the premises, facilities, staff, equipment, and services of Thrive Dance Center, I, for myself, heirs, personal representatives, and assigns, do hereby release, waive, discharge, and promise not to sue Thrive Dance Center, its directors, owners, staff, employees, and agents (“Thrive Dance Center”), from liability from any and all claims, including the negligence of Thrive Dance Center, resulting in personal injury (including death), accidents or illnesses, and property loss, in connection with my participation in the Activity and any use of Thrive Dance Center premises and facilities. Assumption of Risks: Participation in The Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains, to 2) major injuries such as eye injury, joint or bone injuries, heart attacks, and concussions, to 3) catastrophic injuries such as paralysis and death. Indemnification and Hold Harmless: I also agree to indemnify and hold Thrive Dance Center harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of my involvement in The Activity, and to reimburse it for any such expenses incurred. Thrive Dance Center is not responsible for missing or lost belongings, cell phone loss, damage or content that people post. That is the sole responsibility of the parent/guardian of the child. Sever-ability: I further agree that this Waiver of Liability, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid the remaining portions will continue to have full legal force and effect. Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the State of California, and any disputes arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the Courts of the State of California. Acknowledgment of Understanding: I have read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I confirm that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
*This applies to Special Events, Drop In Classes, Studio Rentals and Birthday Party Rentals
ASSUMPTION OF RISK, INDEMNITY - COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 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 social distancing and have, in many locations, prohibited the congregation of groups of people. Thrive Dance Center has put in place preventative measures to reduce the spread of COVID-19; however, cannot guarantee that you or your child(ren) will not become infected with COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Thrive Dance Center and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Thrive Dance Center may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Thrive Dance Center employees, faculty, staff, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance or participation in Thrive Dance Center’s programs (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Thrive Dance Center, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Thrive Dance Center, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Thrive Dance Center program. *This applies to Special Events, Drop In Classes, Studio Rentals and Birthday Party Rentals
MEDICAL EMERGENCY The undersigned gives permission to Thrive Dance Center, its owners and operators to seek medical treatment for the participant in the event they are not able to reach a parent or guardian. I hereby declare any physical/mental problems, restrictions, or condition and/or declare the participant to be in good physical and mental health. I request that our doctor/physician be called and that my child be transported to the hospital (listed on my account). Please include physicians' name and hospital of choice on your account. *This applies to Special Events, Drop In Classes, Studio Rentals and Birthday Party Rentals
PUBLICITY RELEASE
Students of Thrive Dance Center automatically grant permission to Thrive Dance Center, to use their photos and videos for advertising and publicity purposes, inclusive of print advertising, educational video, television, website, social media, video taping or film broadcast in connection with promotional campaigns. I understand that no royalty, fee or other compensation shall become payable to me by reason of such use. I give my permission for Thrive Dance Center to send newsletters and other informational material to my email address.
*This applies to Special Events, Drop In Classes, Studio Rentals and Birthday Party Rentals
E SIGNATURE I have read this form in its entirety including the above conditions of participation and RELEASE AND WAIVER OF LIABILITY AND INDEMNITY and agree to abide by them. If I am a parent or legal guardian executing this agreement on behalf of a Student who is a minor, I understand that the promises and obligations of the Student are my promises and obligations. *Only the Release of Liability, Medical Emergency and Publicity Release apply to Studio Rentals and Birthday Party Rentals.
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