RELEASE OF LIABILITY, WAIVER OF LIABILITY, ASSUMPTION OF FULL RESPONSIBILITIES FOR ALL RISKS OF BODILY INJURY, DEATH OR DAMAGES AND MEDIA RELEASE
1. Certification. I, the undersigned, hereby certify and warrant that I am the Parent/Guardian of the participant listed below, a minor, and have full authority to authorize this Consent and Liability Release Agreement, which I have read and approved.
2. Assumption of Risk. I understand that my presence and my child’s presence on the Premises and our participation in the On Pointe Dance Company can expose us to dangers both from known risks and unanticipated risks. I willingly and voluntarily assume these risks, including the risk of negligent conduct, on behalf of both me and my child. I recognize that negligent conduct can cause property damage and bodily injury, including serious injury or death. In addition to risks associated with being on the Premises and my child's general participation, I acknowledge that participation in the On Pointe Dance Company may entail physical activities, including, without limitation, dancing, jumping, running, stretching and other dance-related movements. Such activities and participation expose my child to dangers and risk of injury from numerous sources including, without limitation, muscle strains and tears, broken bones, head injuries, rough play, interactions with other On Pointe Dance Company participants, and other severe injuries and even death. I agree that the only way to avoid the risk of participation is for my child not to participate. I understand that once my child's participation begins, the risk can no longer be avoided.
3. Release, Covenant and Waiver. For myself, my spouse, my heirs, personal representatives and assigns, I hereby release, waive, discharge and covenant not to sue On Pointe Dance Company, Maija Brown, and class participants, or their officers, directors, members, instructors, volunteers, owners, successors, assigns, agents, employees, representatives, affiliates, and insurers (collectively, “Released Parties”), from any and all claims or liability arising out of bodily injury or property damage suffered, including, without limitation, any claim arising out of any condition on the Premises or the conduct of any person in connection with the preparation for, supervision of, or conduct of any activity associated with the Class. I am specifically releasing the Released Parties, individually and collectively for their negligence in any form. In signing this release, I FULLY RECOGNIZE THAT IF MY CHILD OR I ARE HURT, HAVE A LOSS AS A RESULT OF AN INJURY, AND/OR PROPERTY IS DAMAGED WHILE ON THE PREMISES OR IN REGARD TO THE CLASSES, WE WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST THE RELEASED PARTIES EVEN IF THEY OR ANY OF THEM CAUSED OUR INJURY OR DAMAGE BY THEIR NEGLIGENCE. The term “Class Participants” shall include any person or entity along with their officers, directors, members, owners, successors, assigns, agents, employees, representatives, affiliates, and insurers that are in any way associated or connected with the Premises or Classes including, without limitation, experts, teachers, volunteers, parents, supervisors, and all persons present in or around the Premises for On Pointe Dance Company.
4. Indemnity. I agree on behalf of myself, my spouse, and my child to indemnify and hold harmless the Released Parties as to all lawsuits, claims, damages, and costs and attorneys' fees, including claims as to Released Parties’ sole or contributory negligence, which arise out of my presence and my child’s presence on the Premises, our involvement in the Classes, and/or our violation, including my representative’s violation, of any provision of this Agreement. As I am releasing any claim my child’s or my family, guardian, and/or representative, including our respective estates, might wish to make by reason of our injury or death, this indemnity obligation shall specifically apply to such actions on my child’s or my behalf and/or any such actions resulting from my child’s or my injury or death.
5. Media Release. I give my consent to Maija Brown to use photos of me or my child in publicity for On Pointe Dance Company. These photos may be used in brochures, advertising, on social media, the website, or the internet. They may not be shared for personal use.
