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SECRET POLE DANCE STUDIO LLC

FONTANA'S PARTICIPATION AGREEMENT 

TERMS OF PARTICIPATION AGREEMENT

I. PARTICIPATION CONSENT. I voluntarily consent to participate in the Secret Pole Dance Studio (“The Studio”) proffered services. I certify that I do not have any physical, emotional or mental injury, illness, disability, limitation, or medical condition that may limit my participation in the services or use of facilities equipment. I understand the inherent risks of injury attendant with The Studio services and voluntarily agree with full knowledge to participate notwithstanding those risks.

Medical Clearance: If you are under the care of a physician, chiropractor, or any other health care professional for any reason, you must obtain appropriate medical clearance from your health care professional BEFORE participating or continuing participation in any of The Studio services. If you choose to participate, notwithstanding medical care, you assume the risk of any possible injury.

Disability: We do not discriminate against individuals with disabilities and will take all steps necessary to provide our members with disabilities full and equal enjoyment of our facilities and services, in accordance with applicable laws. If you have a disability that requires an accommodation or modification of policies, practices or procedures to achieve full and equal enjoyment of our facilities, please notify us by email (within 3 days of account activation so that we may assist you. 

II. ASSUMPTION OF THE RISK. By participating in The Studio’s proffered services, I understand that inherent risks cannot be eliminated despite any proactive measures taken by The Studio, its agents, landlord, or employees to avoid injury. The inherent risks vary depending upon the class level, however the risks range from (a) minor injuries, (b) major injuries, or (c) catastrophic injuries. I understand with full knowledge the strength, flexibility and aerobic exercise required, including the use of equipment, services and products that The Studio may offer, entail a potential hazardous activity that possibly could result in, including but not limited to, a heart attack or death. Notwithstanding these potential minor, major or catastrophic risks, I certify that I voluntarily, knowingly and willingly choose to participate in The Studio services. I voluntarily, knowingly and willingly assume all risks and agree to hold harmless The Studio or any other affiliated parties from liability for any personal injury, wrongful death, property damage, or other loss related to my participation in The Studio services or use of facilities, equipment and products.  

III. WAIVER OF LIABILITY. In consideration of acceptance to participate in The Studio services and use of its facilities, equipment and products, as well as payment of any fee, I agree to waive, release, forever discharge and covenant to not sue The Studio and other affiliated parties, from any liability, damages, or causes of action arising out of negligence of The Studio, whether active or passive to the broadest extent of the law. This waiver includes, without limitation, injuries that may result due to (a) my use of facilities, equipment, or products that may malfunction, (b) improper maintenance of any equipment or the facilities on the part of The Studio, its agents or employees, or any other parties acting on its behalf, (c) negligent instruction or supervision, and (d) my slipping and falling, while on the premises for any reason, including The Studio’s negligent inspection or maintenance.  

IV. INDEMNIFICATION. By executing this Agreement, I hereby agree to indemnify and hold harmless The Studio, its agents and employees, and any other parties acting on its behalf from any liability, losses, causes of action, or costs that The Studio may incur due to my use of The Studio services and its facilities, equipment and products. If any action is instituted by any party to this Agreement related to enforcement or breach of any of its provisions, the prevailing party will be entitled to recover from the non-prevailing party all court costs, including reasonable attorney fees and expenses, to the broadest extent of the law.  

IMAGE RELEASE WAIVER. By participating in The Studio’s proffered services or booking this establishment for my pole/naughty party, I understand and irrevocably consent to use of my image or likeness by The Studio or its agents or employees, for any and all commercial purposes without any compensation to me.

I understand and agree that The Studio will be the exclusive owner of all rights, including, but not limited to, all copyrights to photographs, images, or likenesses (collectively, the “Images”), and may use those Images in perpetuity as well as license others to use in any manner The Studio may determine to the broadest extent of the law, without any obligation to me.

I hereby irrevocably release and discharge The Studio, its agents, employees, and those acting on its behalf from any claim or liability based upon any use of the Images or any alteration thereof, whether intentional or unintentional. Additionally, I also irrevocably waive any right to inspect or approve the Images or the use of the Images by The Studio.

INCORPORATION OF STUDIO POLICIES. The Studio Policies, which are posted on the company website (secretpoledancestudio.com), are incorporated into this Agreement. I have read and agree to be bound by The Studio Policies.

VII. SUCCESSORS AND ASSIGNS. This Agreement is binding upon The Studio and Participant and their respective heirs, executors, administrators, personal representatives, successors and assigns.

VIII. SEVERABILITY. The provisions of this Agreement are severable. If any provision or portion thereof is held to be invalid or unenforceable, the remaining provisions or portions thereof will remain valid and enforceable. The Studio’s failure to enforce any remedy or provision in this Agreement does not constitute a waiver of any remedy or provision.

IX. GOVERNING LAW. This Agreement will be governed by the laws of the state of California.

X. MERGER. This Agreement represents the complete and entire agreement between The Studio and Participant. Any prior or contemporaneous agreements or negotiations, oral or written are merged and superseded by this Agreement between the parties. Any modifications or subsequent agreements altering the terms of this Agreement must be in writing and executed by both parties to be enforceable.

BY SIGNING THIS AGREEMENT, I DECLARE THAT I HAVE READ AND UNDERSTAND ALL THE ABOVE PROVISIONS. I VOLUNTARILY AGREE AND ACCEPT ALL THE TERMS INCLUDED ABOVE. 

Today's Date: July 21, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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