HARMONY DANCE
WAIVER AND
RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists
while participating in DANCE, BALLET, POM, OR ANY RELATED ACTIVITY (hereinafter the "Activity");
and my desire to participate
in said Activity:
I (UNDERSIGNED
PARENT/GUARDIAN) HEREBY, for myself, my
heirs, executors, administrators, assigns, or personal representatives
(hereinafter collectively, "Releasor,"
"I" or "me", which terms shall also include Releasor's
parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND
RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation
in the Activity.
I
HEREBY release and forever discharge HARMONY DANCE
(BONNIE & RYAN SWING), located at 4712 E Thunderbird Rd, Phoenix, AZ 85032,
or any other location where classes, performances, meetings, etc are held; their
affiliates, managers, members, agents, attorneys, staff, volunteers, heirs,
representatives, predecessors, successors and assigns
(collectively "Releasees"), from any physical or psychological injury
that I may
suffer as a direct result of my participation in the
aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE
AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE
OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED
TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT,
TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I
UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE,
CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY
LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY
PARTICIPATION IN THIS ACTIVITY.
I
FURTHER AGREE to indemnify, defend, and hold harmless the
Releasees against any and all claims, suits or actions
of any kind whatsoever for liability, damages,
compensation or otherwise brought by me or anyone on my behalf, including
attorney's fees and any related costs.
I FURTHER
ACKNOWLEDGE that Releasees are not responsible for errors,
omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf
of Releasees. In the event that I should require medical care or treatment, I authorize Harmony Dance (Bonnie & Ryan Swing)
to provide all emergency medical care deemed necessary, including but not limited
to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing
of medical information with medical personnel. I further agree to
assume all costs involved and agree to be financially responsible for any costs
incurred as a result of
such treatment. I am aware and understand that
I should carry my own health insurance.
I
FURTHER ACKNOWLEDGE that this Activity may involve a test of a
person's physical and mental limits and may carry with it the potential for death, serious injury, and property
loss. I agree
not to participate in the
Activity unless I am
medically able and properly trained, and I agree to abide by the decision of
the Harmony Dance (Bonnie & Ryan Swing) official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY
READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
I EXPRESSLY AGREE TO RELEASE AND DISCHARGE HARMONY DANCE (BONNIE & RYAN
SWING) AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS,
REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION
AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO
BRING A LEGAL ACTION AGAINST HARMONY DANCE (BONNIE & RYAN SWING) FOR
PERSONAL INJURY OR PROPERTY DAMAGE.
To the
extent that statute or case law does not prohibit releases for ordinary
negligence, this release is also for such negligence
on the part of Harmony Dance (Bonnie & Ryan Swing), its agents, and
employees. I agree that this Release shall be governed for all
purposes by Arizona law, without regard to any conflict of law principles. This Release supersedes any and all
previous oral or written promises or other agreements. In the
event that any damage to equipment or facilities occurs
as a result of my or my family's or my agent's willful actions, neglect or recklessness,
I acknowledge and agree to be held liable for
any and all costs associated with any such actions of neglect or recklessness.
THIS
WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY
PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL
SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without
duress or coercion, and is to be interpreted as an agreement
between two parties of equal bargaining
strength by both Participant and Harmony Dance (Bonnie & Ryan Swing).
