All-Stars in Motion Dance Studio, LLC Release and Waiver of Liability
The undersigned for himself/herself as a participant, or on behalf of his/her child(ren) or ward(s) as participant(s), as
applicable (the “Undersigned”), hereby forever releases and discharges All-Stars in Motion Dance Studio, LLC (“AIM Dance
Studio”) and their respective assignees, successors, officers, directors, agents, representatives, employees, subcontractors,
sponsors, shareholders, partners, members, subsidiaries, parent corporations and all affiliates and affiliated entities
(collectively, the “Released Persons”) from all present and future liabilities, debts, obligations, costs, expenses, damages,
losses, charges, judgments, executions, liens, claims, demands, actions or causes of action of whatever nature or description,
in equity or at law (herein, the “Released Claims”), which the Undersigned may now have, or may or could or shall hereafter
have against the Released Persons, whether known or unknown, suspected or unsuspected, asserted or not asserted, arising
out of activities related to and participation in AIM Dance Studio or an AIM Dance Studio affiliated event, including but not
limited to classes, rehearsals, performance, or other activities, even if the risk and liabilities that the Undersigned is releasing
by this Release and Waiver of Liability arise out of the ordinary negligence or carelessness of the Released Persons, whether
active or passive, or from any hidden, latent or obvious defects in any of the facilities or equipment used, of one or more of the
Released Persons.
The Undersigned represents and warrants to the Released Persons that Undersigned has full power and authority to execute,
deliver this Release and Waiver of Liability. The Undersigned further indemnifies and holds harmless the Released Persons
from any and all claims, charges, liabilities, obligations and demands (including reasonable attorneys’ fees) brought against
the Released Persons in connection with AIM Dance Studio or an AIM Dance Studio affiliated event, whether now existing or
arising in the future, and accepts all legal responsibility for his/her actions at AIM Dance Studio or an AIM Dance Studio
affiliated event.
The Undersigned understands, acknowledges and accepts that this Release and Waiver of Liability is intended to be binding
on the Undersigned, including the Undersigned’s family, estate, heirs, executors, administrators and assigns. The
Undersigned understands, acknowledges and accepts that participation in AIM Dance Studio or an AIM Dance Studio
affiliated event involves certain inherent risks, including but not limited to serious bodily injury (including paralysis and even
death) and agrees that the Undersigned is voluntarily participating in AIM Dance Studio with full knowledge of the risks
involved and accepted any and all Released Claims arising out of the Undersigned’s participation in AIM Dance Studio or an
AIM Dance Studio affiliated event and all related activities.
The Undersigned understands, acknowledges and accepts the possibility that the Undersigned or his/her successors may not
now fully know the number or magnitude of all the Released Claims, but nevertheless intends to assume the risk by releasing
such unknown claims, and agrees that this Release and Waiver of Liability is a full and final release and waiver of all the
Released Claims.
Further, the Undersigned grants permission to AIM Dance Studio and its affiliated entities to utilize the Undersigned’s name,
face, image, likeness, video, or voice in connection with any broadcast, photograph, videotapes, DVDs, podcasts, videocasts,
or any other reproduction in whole or in part via any media for any purpose, including but not limited to advertisement or
promotion, in perpetuity without any additional consideration.
Further, the Undersigned understands, acknowledges and accepts full responsibility for providing adequate health and
accident insurance coverage for the protection of the Undersigned who participate at AIM Dance Studio or an AIM Dance
Studio affiliated event. The Undersigned acknowledges the physical nature of dance and acro activities and agrees to disclose
any injury, medical condition, limitation, or other information reasonably necessary for the safe participation of the student. The
Undersigned is responsible for determining, in consultation with an appropriate medical professional, when necessary,
whether the student is able to participate safely in dance activities and other training and performance connected with AIM
Dance Studio or an AIM Dance Studio affiliated event and all related activities.
Further, the Undersigned understands, acknowledges and authorizes AIM Dance Studio to contact emergency medical
services and obtain reasonable emergency medical care for the participant in the event of an illness or injury requiring
immediate attention if the Undersigned cannot be reached. The Undersigned accepts full responsibility for any medical
expenses resulting from such care.
Further, the Undersigned understands, acknowledges and accepts that because of the physical nature of dance, there may be
physical contact between the Undersigned and Released Persons while at AIM Dance Studio or an AIM Dance Studio
affiliated event, including but not limited to during rehearsals, shows, workshops, productions, and especially during dance
and acro instruction. The Undersigned understands, acknowledges and accepts that at times for proper instruction and safety,
physical contact is both required and necessary.
This Release represents the complete agreement between the Undersigned and the Released Persons concerning the
subject matter in this Release and supersedes all prior agreements or understandings, written or oral. This Release may not
be amended or modified other than by a written agreement executed by the parties hereto or their respective successors and
legal representatives. This Release shall be governed by and construed in accordance with the laws of the State of Kansas,
without reference to the principles of conflict of laws. The Undersigned understands, acknowledges and accepts that this
Release and Waiver of Liability is intended to be as broad and inclusive as permitted by the laws of the State of Kansas and
agrees that if any portion of this Release and Waiver of Liability is invalid, the remainder will continue in full legal force and
effect.
Any alleged dispute, claim, or cause of action either related to this Release or related to AIM Dance Studio shall be subject to
the following procedure:
i. First, the parties agree to meet and amicably resolve the dispute;
ii. If the parties are unable to agree on a resolution to the dispute, the parties agree to mediate the dispute through
a mutually-agreeable third-party mediator;
iii. If the mediation is unsuccessful, the parties agree that the dispute between them shall be resolved by binding
arbitration by a mutually agreeable firm providing arbitration services, under the Arbitration Rules then in effect.
The prevailing party shall be entitled to recover reasonable costs and expenses attributable to such arbitration
(including reasonable attorneys’ fees) in addition to any other relief to which such prevailing party is entitled. Any
award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.
Each of the paragraphs contained in this Release shall be enforceable independently of every other paragraph in this
Release, and the invalidity or non-enforceability of any paragraph shall not invalidate or render unenforceable any other
paragraph contained in this Release.
Further, the Undersigned acknowledges that the Undersigned has received or been provided access to the current AIM Dance
Studio Handbook and agrees to comply with the policies, procedures, financial obligations, and withdrawal requirements
contained therein. The Undersigned understands that studio policies, schedules, and procedures may be updated when
necessary and that significant changes will be communicated to participating families.
This Release has been entered into voluntarily and not as a result of coercion, duress, or undue influence in exchange for the
privilege of participation. The Undersigned acknowledges that the Undersigned has read and fully understands the terms of
this Release.
