Release of Liability
Injury Waiver
In consideration of the services provided by Axis Dance LLC, its facilities, their agents, owners, officers, volunteers, participants, employees, independent contractors, volunteers, interns, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Releasees"),
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
I expressly agree and promise to accept and assume all of the risks existing in this activity. The MINOR's participation in this activity is purely voluntary, and I had elected to allow them to participate in spite of the risks. I have carefully and judiciously evaluated and am fully aware and understand that the activities the MINOR will be participating in including dance, fitness and aerial arts training as well as performances and productions at its location or elsewhere involve risks and hazards including, but not limited to: slips and falls; falling from equipment; collision with fixed objects or people; rope burns; muscular strains and tears, fractured bones, bruises, cuts, organ damage, nerve damage, head, neck and back injuries; scratches, bruises, sprains, lacerations, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; the MINOR's own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Traveling to and from shows, competitions etc. will raise the possibility of any manner of transportation accidents.
I declare that "Axis Dance LLC" may not be fully competent to evaluate my fitness, ability, state of physical health or medical condition and I acknowledge that it is not obliged to conduct any such evaluation or analysis other than on the basis of those I had represented myself and disclosed in writing.
I fully understand and acknowledge that the foregoing risks as well as those which are unknown or have not otherwise been anticipated in the foregoing enumeration could result in physical or emotional injury, paralysis, permanent disability death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, and that the MINOR must exercise proper diligence and caution to avoid damage to herself/himself, third persons or properties.
Insurance Coverage
I declare, represent and warrant that the MINOR has adequate insurance to cover any injury or damage he/she may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition the MINOR may have.
Release, Waiver, Quitclaim
To the fullest extent permitted by law, I hereby RELEASE, WAIVE AND DISCHARGE "Axis Dance LLC", its agents, representatives, employees, personnel, staff, officers, directors and others acting under such entity free and harmless from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the MINOR, or to any property belonging to me, while participating in physical activity, or while on or upon the premises where the event is being conducted. This release, waiver discharge and quitclaim shall include any damage or injury which may allegedly have been attributed to the fault or simple negligence of "Axis Dance LLC".
NO STRIKE-OUTS.
In order to participate in classes or other events at the facility, the undersigned accepts the entire agreement. No written modification or strike-out of the originally typed agreement shall be effective unless signed by both parties.
SEVERABILITY CLAUSE.
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
VENUE OF ACTIONS.
Any and all actions arising from this agreement shall be settled through arbitration solely in Virginia to the exclusion of all other venues.
ATTORNEY'S FEES /COSTS.
Should Axis Dance LLC or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
In agreeing to this release and waiver form, I acknowledge and represent that I have read the foregoing PARTICIPANT AGREEMENT WITH WAIVER RELEASE AND ASSUMPTION OF RISK, I have fully read and understood it and Agree to it FREELY AND VOLUNTARILY as my own free act and deed; no oral representations, statements or inducements; and I EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.
Release of Liability Covid-19
In consideration of the services provided by Axis Dance LLC, its facilities, their agents, owners, officers, volunteers, participants, employees, independent contractors, volunteers, interns, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Releasees"),
Representations
I am/I, as guardian of the MINOR, represent that I am/the Minor is in good health and have had no known exposure to COVID-19 and no symptoms of COVID-19, including shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pains, headache, sore throat, new loss of taste or smell or symptoms associated with multi-system inflammatory syndrome in children, including persistent fever (4-5 days), rash or abdominal pain for 14 days prior to attending the facility. I/the minor acknowledge that if I believe I/the Minor have had any exposure to COVID-19, I/the Minor will immediately cease attendance at the facility until I can again warrant that I/ the Minor have had no known exposure for the 14 day period and alert the facility if I/the Minor have been on the premises since my/the Minor's exposure.
Promises to Abide by New Policies
The facility is making its best efforts to reduce the risk of transmission of COVID-19, but the safety of the community is in the hands of every one of us. I expressly agree and promise to abide by the safety precautions as contained Axis Covid-19 Preparedness Plan.
Clear and Unambiguous Risk
I am aware that training during and after the COVID-19 pandemic Involves certain inherent risks, dangers and hazards, which can result in serious infection, personal injury or death. I further acknowledge, understand, appreciate and agree that my/Minor's participation may result in possible exposure and illness from COVID-19. While protocols and personal discipline may reduce the risk, the risk of serious injury, illness and even death is not possible to fully mitigate.
Assumption of Risk
I hereby freely agree, to assume and accept all known and unknown risks of exposure to COVID- 19, even arising from the negligence of the releasees or others and assume full responsibility for my participation. I further recognize and acknowledge that the risks inherent in training can be greatly reduced by practices and protocols enumerated in the above paragraph, including pre- screening procedures; temperature checking; disinfecting of premise, apparatus, props and surfaces; masks requirement, 6 ft. social distancing, designation of apparatus and props, and airflow among others. I am also well aware and acknowledge that risks can also be mitigated through the guidance and monitoring of information from credible resources including, the CDC, state and local agencies guidelines to fight COVID-19.
I hereby waive, release, and discharge all claims that I have or may have in the future, and covenant not to sue your business, its administrators, directors, agents, officers, volunteers, employees, contractors, other participants, any sponsors, advertisers, owners, and lessors of the premises on which the activity takes place (each considered one of the "releasees" herein) from all liability, claims, demands, losses, damages, on my account caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise, including negligent rescue operations.
Indemnification Agreement
I further agree that if, despite this release, waiver of liability, and assumption of risk, I or anyone on my behalf makes a claim against any of the releasees, I will indemnify, defend, and hold harmless each of the releasees from any loss, liability, damage, or cost, including attorneys' fees, which any of the aforementioned may incur as a result of such a claim.
As-is Clause
I accept for use as-is the equipment to be used in activities governed by this agreement.
Acknowledgement of Understanding
I have read this Agreement and I fully understand its terms. I understand that I am giving up substantial rights, including my right to sue the facility and its staff for injuries resulting from the inherent risks of training during and after the COVID-19 pandemic, and the ordinary negligence of the facility and staff. I further acknowledge that I am agreeing to this agreement freely and voluntarily, without inducement or assurance of any nature, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the laws of the state of Virginia.
No Oral Modification
This Agreement may not be changed orally, and no modification, amendment or waiver of any provision contained in this Agreement, or any future representation, promise or condition in connection with the subject matter of this Agreement shall be binding upon any party hereto unless made in writing and signed by both parties.
No Strike-Outs
In order to participate in classes or other events at the facility, the undersigned accepts the entire agreement. No written modification or strike-out of the originally typed agreement shall be effective unless signed by both parties.
Severability
I agree that if any portion of this Agreement is held to be invalid, that portion shall be severable, and the remaining agreement shall continue to have full force and effect.
Binding Effect of Agreement
In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, estate, next of kin, executors, administrators, assigns and representatives.
By agreeing to this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Axis Dance LLC on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Medical Emergencies
I hereby give permission for any and all medical attention to be administered to my child , in the event of accidents, injury, sickness, etc., at any necessary emergency facility, until such time as I may be contacted. I also assume the responsibility for the payment of any such treatment.
Media Release
I understand that photographers and/or media/ production crews may sometimes be present photographing or filming classes, rehearsals, coaching sessions, workshops or presentations.
I give my permission for resulting photographs and/or television/film footage, which may include myself/my child to be used by Axis Dance for promotional purposes on television, newspapers, cyberspace, programs, magazines, or any other media.
Payment and Cancellation Policies
Monthly tuition is due on the 25th of the month and is considered late on the 30th. It will be automatically charged
to the credit card on file on the 29th of the month. (A valid credit card must be kept on file at all times.) Late payments
accrue a fee of $25.00. Returned checks or declined card payments can result in an additional $45.00 fee. A 15 day notice is required for all class withdrawals to avoid being billed the next month's tuition.
