WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration for receiving permission to BE ON PREMISES at Triple Motion Dance (hereinafter the "Activity or Activities"), I, on behalf of myself and any minor dancer for whom I have the capacity to contract, hereby acknowledge and agree to the following:
1. I understand the hazards of the novel coronavirus ("COVID-19") and am familiar with the Centers for Disease Control and Prevention ("CDC") guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children/dancer form whom I have the capacity to contract) Triple Motion Dance, their owners, staff, directors, coaches, employees and assigns (the "RELEASEES") from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.
4. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys' fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Texas. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS
EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
6. We will need a signed copy of the Waiver of Liability and Hold Harmless Agreement above before the dancer is allowed to enter the studio.
As the legal parent or guardian, I release and hold harmless it's owners and operators, employees or any other representatives, whether paid or volunteer, from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage or injury, including death that may be sustained by the participant(s) and or the undersigned, while in or upon premises or any premises under the control and supervision of Triple Motion Dance, it's owners and operators or in route to or from any said premises.
As the legal parent or guardian, I acknowledge and am fully aware there are risks and dangers associated with any activity involving motion, height, or bodily movement with participation in Dance, Tumbling and Fitness events which could result in bodily injury partial and/or total disability, that may be sustained by the participant(s) and/or the undersigned, while in or upon the premises; furthermore, any premises under the control and supervision of Triple Motion Dance, its owners and operators or in route to or from any location used with the express intent of instruction or performance. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe. These risks and dangers may be caused by the action, inaction or negligence of the participant(s) or the action, inaction or negligence of others. There may be other risks not known to us or are not reasonably foreseeable at this time.
As the legal parent or guardian, I accept and assume such risks and responsibilities for the losses and/or damages at Triple Motion Dance. Following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
I release and discharge all rights and claims against Triple Motion Dance.
Checking box below is your legally binding signature release.