Urbanity Dance Inc. Renter Attendee Engagement, Indemnification, Liability Release, and Assumption of Risk Agreement

This Rental Agreement (the “Agreement”) is made this May 8, 2024 (the “Effective Date”), by and between the "Participant" (if 18 years or older, otherwise, the legal caregiver of said participant) and Urbanity Dance Inc., with a primary address of 725 Harrison Avenue #100, Boston MA 02118. The Participant (if 18 years or older, otherwise, name of legal caregiver of said participant) and Urbanity Dance Inc. are referred to collectively in this Agreement as the "Parties."

This Rental Agreement (the “Agreement”) governs while on or about 1180 Washington Street #100, Boston MA 02118 (Urbanity Dance Headquarters); 725 Harrison Avenue #100, Boston, MA 02118 (Urbanity Central); 111 West Concord Street, Boston, MA 02118 (Balance at Urbanity Dance) (collectively referred to as the “Urbanity Dance Premises”). In consideration of being serviced by Urbanity Dance Inc. and allowed to use Urbanity Dance Inc.’s premises, equipment, and services, (collectively “Urbanity Dance Services”), I hereby agree and acknowledge, on behalf of myself, and/or on behalf of my minor/child(ren)/ward(s), as follows:

1. ASSUMPTION OF RISK: Participation in the Urbanity Dance Services is completely voluntary and undertaken only after full appreciation of the risks involved. In connection therewith, the outbreak of a highly infectious disease known as COVID-19 resulted in the declaration of a Public Health Emergency on January 30, 2020. According to the CDC and public health officials, COVID-19 spreads by interpersonal contact. The Urbanity Dance Services covered by this Agreement include usage of space and supplies. As result, the Urbanity Dance Services may be dangerous and entail both known and unknown risks including, but not limited to, the risk of contracting COVID-19 or other disease and attendant complications, including hospitalization or death. I understand the activities I will participate in on Urbanity Dance Premises may be considered inherently dangerous and may cause serious or grievous injuries, bodily injury, COVID-19 infection and/or exposure, loss of/damage to personal property and/or death. I voluntarily assume any risk and waive any claims of personal injury, COVID-19 infection and/or exposure, death or damage to personal property associated with Urbanity Dance Inc. To the extent Urbanity Dance Inc. provides or uses any safety equipment or personal protective equipment, I understand that Urbanity Dance Inc. does not manufacture any of this safety equipment or personal protective equipment and I waive any liability against Urbanity Dance Inc. for any defective products. 

2. RELEASE/WAIVER OF LIABILITY: I, irrevocably and unconditionally agree not to sue and releases, waives, relinquishes, and discharges Urbanity Dance Inc., current and former directors, officers, board members, employees, agents, administrators, representatives, assigns, and insurers, from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my use of Urbanity Dance Premises, equipment, services and activities, including without limitation any claim for negligence, failure to warn or other omission, personal injury, illness, bodily harm or death to the maximum extent allowed by law. This release is applicable to and binding upon my past and present agents, representatives, spouse, attorneys, principals, executors, administrators, personal representatives, heirs, successors, insurers, and assigns.

I understand and agree that participating in any dance class, workshop, rehearsal, or performance, there is a possibility of physical injury or death. I voluntarily agree, therefore, to assume all risks and responsibility for any such injury or accident, which might occur to me during any of Urbanity Dance Inc. classes, rehearsals, performances, or activities or while on or about 1180 Washington Street, Boston, MA, 111 West Concord Street, Boston, MA, 725 Harrison Avenue, Boston, MA or other Urbanity Dance Inc. class, rehearsal, or performance venue. I also exempt, release, and indemnify Urbanity Dance Inc., its owners, agents, volunteers, assistants, employees, guest artists, faculty members, and/or students from any and all liability claims, demands, or causes of action whatsoever from any damage, loss, injury, or death to me or property which may arise out of or in connection with participation in any classes or activities conducted by Urbanity Dance Inc. I further hereby voluntarily agree to waive my rights and that of my heirs and assigns to hold Urbanity Dance Inc., its owners, agents, volunteers, assistants, employees, guest artists, faculty members, and/or students liable for such damage, loss, injury, or death. I understand that I should be aware of my physical limitations and agree not to exceed them. 

3. INDEMNIFICATION: I am solely responsible for all damages caused to Urbanity Dance Inc. property and to the property of others as a result of my use of the Urbanity Dance Premises, except as may result from the gross negligence or willful misconduct of Urbanity Dance Inc. I hereby agrees to defend, indemnify and hold harmless Urbanity Dance Inc. from and against all actions, losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and/or suffered by Urbanity Dance Inc. including, but not limited to, any and all attorneys’ fees, costs, damages, and/ or judgments Urbanity Dance Inc. may pay or become obligated to pay on account of any claim or assertion of liability for damage to the extent arising or alleged to arisen out of my act or omission, except as may result from the gross negligence or willful misconduct of Urbanity Dance Inc. 

4. TERM OF AGREEMENT: I represent, warrant, and agree that until canceled by a writ signed by both Parties, this Agreement shall apply and be applicable to each and every time I visit or receive services from Urbanity Dance Inc.

5. NO ADMISSION OF LIABILITY: Nothing in this Agreement will be construed as an admission by Urbanity Dance Inc. that it acted wrongfully with respect to myself or any other person.

6. ENTIRE AGREEMENT/AMENDMENT: This Agreement is absolute and unconditional and constitutes the full, complete, and entire understanding and agreement between Parties with respect to the subject matter of this Agreement. I acknowledge and affirm that I have not executed this Agreement in reliance upon any promises, representations, statements, warranties, covenants or undertakings not contained within this Agreement. This Agreement may not be amended, modified, altered, changed, limited, or terminated, except by a writing signed by all of the Parties. No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement will operate as a waiver, nor will any single or partial exercise of any right, remedy, or power under this Agreement preclude any other or further exercise, or the exercise of any other right, remedy, or power provided in this Agreement or by law or in equity.

7.SEVERABILITY: If for any reason any provision of this Agreement is determined to be invalid or unenforceable, that provision will be deemed modified to whatever extent necessary to render it enforceable, and if the Court declines to so modify the provision, then the remaining provisions of this Agreement will be construed, performed, and enforced as if the invalidated or unenforceable provision had not been included in the text of the Agreement.

8. BENEFIT/AUTHORITY: This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. I represent and warrant to the others that I have the power and authority to enter into and execute this Agreement on behalf of myself, children, wards, and on behalf of their respective present and former spouses, attorneys, principals, executors, administrators, personal representatives, heirs, successors, and assigns.

9. GOVERNING LAW: This Agreement will be governed by, construed, and enforced in accordance with the laws of the State of Massachusetts without regard to Massachusetts’ conflict of law principles.

By signing, I state that I have read this Engagement, Indemnification, Liability Release, and Assumption of Risk Agreement, fully understand its terms, and sign freely and voluntarily with any inducement.