PARTICIPATION WAIVER AND RELEASE AND ACCOUNT PAYMENT AGREEMENT
I hereby agree to all that follows:
1. Acknowledgement. I, on behalf of myself and/or on behalf of any minor child or children listed below, in my capacity as parent or legal guardian of such child or children (hereinafter individually or collectively referred to as "Participant"), in order to participate in any available current or future lesson(s), production(s), event(s), recital(s), workshop(s) or class(es) (the "Event(s)") available at Dream Dance Center, LLC ("DDC"), arranged or offered by DDC, hereby acknowledge and agree that attending, participating or assisting someone to participate in any of Event(s) ("Participating") will involve strenuous physical exertion, require a significant degree of skill and experience and could be physically hazardous or dangerous. Participant and I acknowledge that presence at any Event(s) and/or Participant or I Participating in the Event(s) are strictly voluntary choices, in spite of the unavoidable risks, hazards and dangers of such activity.
2. Physical Ability. Participant and I hereby represent and warrant that if Participating I and Participant have the physical ability and skill necessary for Participating in the Event(s) and do not have any limitation, condition or problem which would inhibit my or Participant's ability to Participate properly and safely.
3. Assumption of Risk. PARTICIPANT AND I UNDERSTAND THAT, EVEN WITH PROPER PHYSICAL CONDITIONING, SKILL AND EXPERIENCE, PROPERLY PARTICIPATING IN THE EVENT(S) COULD RESULT IN DAMAGE TO PROPERTY AND/OR SERIOUS BODILY INJURY, PERMANENT DISABILITY OR EVEN DEATH AND PARTICIPANT AND I ARE FULLY AWARE OF, UNDERSTAND AND KNOWINGLY, WILLINGLY AND VOLUNTARILY ACCEPT AND ASSUME SUCH RISKS, HAZARDS, AND DANGERS, INCLUDING ANY AND ALL RISKS OF LOSS, DAMAGE, INJURY OR DEATH AS A RESULT OF PARTICIPATING IN THE EVENT(S). Participant and I are also aware that such risks, hazards and dangers are significantly increased by participating without appropriate conditioning, skill and experience. In addition, Participant and I acknowledge and understand that DDC does not own or control the premises, building or location where the Event(s) will take place (the "Premises") and does not assume any responsibility or liability for the condition or maintenance of the Premises.
4. Waiver and Release. In consideration for allowing Participant and/or me to participate in the Event(s), Participant and I hereby agree to: (I) release, forever discharge and covenant not to sue DDC, its agents, servants, employees, independent contractors, officers, directors, trustees, owners and all other persons or entities acting on its behalf; together with the owner(s) and/or lessor(s) of the real property and improvements where the Event(s) is/are being held and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf (collectively, the "Covered Parties"), from any and all claims, actions, damages, liability, costs or expenses and attorneys' fees which are related to, arise out of, or are in any way connected to Participating in the Event(s), whether or not such claims, actions, damages, liability, costs or expenses are caused by the negligence of a Covered Party or any other attendee or participant in the Event(s), or otherwise, and (ii) surrender and waive any rights that Participant and/or I, our heirs, next of kin, family, relatives, guardians, executors, administrators, trustees and assigns may have or possess to sue or exercise any remedy or legal right to seek damages from any Covered Party for any such claims, actions, damages, liability, costs or expenses.
5. Indemnification. I agree to indemnify, hold harmless and defend each Covered Party from any and all claims, actions, damages, liability, costs, expenses and attorneys' fees arising out of or in connection with Participant and/or me Participating in or presence at the Event(s). Notwithstanding anything herein to the contrary, the above subsections (I), (ii) and (iii) will not apply to claims, actions, damages, liability, costs or expenses caused by the gross negligence or intentional misconduct of a Covered Party.
6. Limitation and Conduct of Activity. At all times when Participating, Participant and I agree to (I) limit our activities, as appropriate for our respective level of conditioning, skill and experience; (ii) not to take any unreasonable risks while participating or to cause any other persons present to take or be exposed to any unreasonable risk or harm.
Participant and I agree to comply with all of the stated and customary terms, rules and conditions for Participating in such Events(s). If Participant or I become aware of any unusual hazard during either of our presence at the Event(s) or while Participating, Participant and I, as applicable, will immediately and safely stop Participating, and either Participant or I will bring such hazard to the attention of the nearest DDC employee, official or representative immediately.
7. License to Use Image. Participant and I hereby irrevocably grant to DDC, and its representatives, licensees, designees, permittees and assigns, the right and authority to film, videotape, photograph and/or record, in any manner or medium, myself and Participant in connection with any Event(s), and to use such film, videotape, photography and/or recordings ("Products") in perpetuity, any number of times, for any purpose and in any manner or medium now or hereafter known in connection with the display, distribution, promotion, marketing or sale of Products by any means and through any channels, including, without limitation, in or on any website, marketing, advertising, promotions and packaging relating to DDC. Participant and I also authorize DDC to enter our email address, cellular number or any other contact information into their marketing list and to receive information via this list from DDC.I HAVE READ AND UNDERSTAND THIS. I FURTHER UNDERSTAND THAT BY CHECKING THE BOX, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.