COVID-19
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Michelle Latimer Dance Academy has put in place preventative measures to reduce the spread of COVID-19; however, the studio cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending dance class (private, semi-private or group) could increase your risk and your child(ren)'s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending dance class and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at dance class may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, class participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)'s attendance at dance class. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Michelle Latimer Dance Academy its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the studio, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any studio program.
I agree that I am personally responsible for my safety and actions while participating at Michelle Latimer Dance Academy. I agree to comply with all policies and rules, including but not limited to Michelle Latimer Dance Academy policies, guidelines, signage, and instructions. Because the studio is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, hereby forever release, waive, discharge, and covenant not to sue the Michelle Latimer Dance Academy, its faculty, independent contractors, affiliates, employees, from any and all liability, claims, demands, actions, and causes of actions whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using the studio, or otherwise, while participating in any activity while in, on, or around the studio and/or while using any Michelle Latimer Dance Academy facility.
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Michelle Latimer Dance Academy facility, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
By signing below I acknowledge and represent that I have read the foregoing Policies and Procedures, and the Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in participating to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Michelle Latimer Dance Academy policy and procedures, Colorado Law, and local health regulators** and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole.
Agreement
Students of Michelle Latimer Dance Academy (MLDA) or parent/legal guardian of student if under 18, understands and agrees that in participating in any dance classes, rehearsals or performance there is a possibility of physical injury. Student or parent/guardian agrees, therefore, to assume all risks of any such injury which might occur during any and all MLDA classes, rehearsals and performances. Student or parent/guardian exempts, releases and indemnifies MLDA, its owner, guest artists and faculty members from any and all liability claims, demands or cause of action whatsoever from any damage, loss or injury to student, parent/guardian, family member or personal property which may arise out of, or in connection with participation in any activities conducted by MLDA.
I understand and agree to the terms set forth in this Liability Waiver