Assumption of Risk and Release of Liability
I hereby acknowledge that the sport of figure skating, ballet, dryland conditioning, strength training, pilates and other recreational and competitive activities in their various forms, including without limitation, in their various forms, including without limitation, traveling to any such activities, rental or use of equipment sponsored or organized by or related to the Steamboat Arts Academy or its affiliates (hereinafter collectively referred to as "Activities") involve many RISKS, DANGERS and HAZARDS that may result in injury to the participant. In consideration of my participation in the Activities, and notwithstanding of the risk of severe or permanent injury, or even death, the undersigned (hereinafter "Member") agrees to the following:
1. Member freely and voluntarily accepts and assumes the risk, dangers and hazards involved in participating in the Activities.
2. Member unconditionally WAIVES AND RELEASES any claims or actions related to any loss, damage, expense, injury or death suffered by Member or any other person from or in connection with Member's participation in the Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of express or implied warranty on the part of any Operator. As used herein, the term "Operator" means Steamboat Arts Academy any facility operators where such Activities occur, and all of their respective officers, directors, employees, coaches, members, managers, volunteers, contractors, representatives, and affiliates. Member also agrees to DEFEND AND INDEMNIFY the Operators from any third party claims asserted against any of the Operators resulting from Member's participation in the Activities.
4. Member authorizes Operators to obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of Operators, medical attention is required and Member is unable to make such decisions for himself/herself. Member agrees to pay all costs associated with such medical care and related transportation and shall defend, indemnify and hold harmless Operators of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Member also authorizes disclosure of protected medical information necessary to provide, coordinate or manage Member's healthcare consistent with the dictates of HIPAA and to the extent that such use or disclosure is required by law.
5. Member agrees to abide by all rules, codes of conduct, policies and conditions for membership and participation in Steamboat Arts Academy. Failure to do so may result in suspension or expulsion from the programs. Member consents to and authorizes the use and reproduction, for any purposes and without consideration, of all photographs, video recordings, or movies taken of Member, and to use and sublicense for any purpose in promoting the SAA or related activities of the SAA in print, brochures, advertisements, films or videos and on broadcast presentations of any sort. Member authorizes Member's educational institution to release academic, athletic and disciplinary information directly to SAA.
6. This Agreement shall be construed in accordance with, and governed by the substantive laws of the State of Colorado, without reference to principles governing choice or conflicts of laws. In addition, Member agrees that all lawsuits must be maintained in state courts sitting in Routt County, Colorado, or federal district courts located in the District of Colorado, and Member consents and agrees that jurisdiction and venue for such proceedings shall be exclusively with such courts. In the event any portion of this release is found to be unenforceable, the remaining terms shall be fully enforceable to the fullest extent allowed by law.
HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING AGREEMENT, MEMBER SIGNIFIES HIS/HER ASSENT TO THE ABOVE TERMS BY SIGNING BELOW: