WAIVER AND RELEASE OF LIABILITY

This Waiver and Release of Liability (“Release”) is executed by _______________________ (“Releasor”) and is in favor of J3K Dance Company, a California sole proprietorship (the “Company”).

RELEASE AND ASSUMPTION OF THE RISK RELATING TO CORONAVIRUS/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and the federal Centers for Disease Control and Prevention. 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.
The Company has put in place preventative measures to reduce the spread of COVID-19; however, the Company cannot guarantee that Releasor will not become infected with COVID-19. Further, spending time on the Company’s premises while participating in the Activities (as defined below) could increase Releasor’s risk of contracting COVID-19.
By signing this Release, Releasor acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Releasor may be exposed to or infected by COVID-19 by attending the Company’s classes and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Releasor understands that the risk of becoming exposed to or infected by COVID-19 at the Company’s premises may result from the actions, omissions, or negligence of Releasor and others, including, but not limited to, Company employees, volunteers, and program participants and their families.
In consideration for the Company permitting Releasor to participate in Company’s dance classes and events (collectively, the “Activities”), and to use its facilities and/or equipment, Releasor agrees, on behalf of Releasor, and Releasor’s personal and legal representatives, heirs, and assignees, to waive, release and discharge the Company and its affiliates, officers, directors, shareholders, agents, representatives, lessor, insurers, employees, and their respective successors and assigns (all collectively referred to as “Releasees”) from any and all damages, liabilities, costs, expenses, claims, causes of action, fees, attorneys’ fees and disbursements of any kind whatsoever, including those relating to COVID-19 (collectively, the “Claims”), which may hereafter occur to Releasor arising in any way from Releasor’s participation in or attendance at the Activities, or incident thereto, including but not limited to Claims arising from the negligence or fault of the entities or persons released, for Releasor’s death, disability, personal injury, property damage, property theft, or actions of any kind.
Releasor acknowledges that the Releasees are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting, or in any way arising from, the Activities. Releasor acknowledge Releasor’s consent f to participate in the Activities may involve certain
risks and carries with it the potential for death, serious injury, and property loss. Releasor acknowledges that the risks inherent in the Activities include, but are not limited to, burns, cuts, falls, electrocution, food allergies, food poisoning, and injuries caused by facilities and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the Activities. These risks are not only inherent to participants, but are also present for volunteers or observers. Releasor hereby consents f to receive emergency medical treatment that the Company may deem advisable in the event of injury, accident, and/or illness during the Activities and that any medical cost is Releasor’s sole responsibility and not that of any of the Releasees.

Releasor certifies that Releasor has read the following provisions of California Civil Code Section 1542: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”

Releasor hereby waives the application of California Civil Code Section 1542. Releasor understands and acknowledges that the significance and consequence of this waiver of California Civil Code Section 1542 is that even if Releasor should eventually suffer additional damages arising out of the Claims released herein, neither Releasor n will be able to make any claim for any resulting damages. Furthermore, Releasor acknowledges that Releasor consciously intends these consequences even as to Claims that Releasor does not know exist, and that, if known, would materially affect Releasor’s decision to execute this Release, regardless of whether Releasor’s lack of knowledge is the result of ignorance, oversight, error, negligence or any other cause.

Releasor expressly agrees that this Release is intended to be as broad and inclusive as is permitted by the laws of the State of California. Whenever possible, each provision of this Release will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Release is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, and this Release will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
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INDEMNITY
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Releasor agrees to defend, indemnify and hold harmless the Releasees, and each of them, from and against any and all Claims that Releasor may suffer from or incur and that arise or result from the Activities, except if solely due to the gross negligence or willful misconduct of the Company.

GOVERNING LAW AND VENUE

Releasor expressly agrees that this Release will be governed by the laws of the State of California, without regard to its conflicts of law provisions. Releasor further agrees that any legal action arising from this Release must be brought exclusively in Orange County, California, and Releasor agrees to the foregoing forum.

RELEASOR ACKNOWLEDGES THAT RELEASOR HAS CAREFULLY READ THIS RELEASE AND RELEASOR KNOW ITS CONTENTS. RELEASOR IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND RELEASOR SIGNS THIS RELEASE VOLUNTARILY.

J3K Dance Company Photograph & Video Release Form

I hereby grant permission to the rights of my or my child’s image, likeness, and sound of my/their voice as recorded on audio or videotape without payment or any other consideration. I understand that my image/my child’s image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my or my child’s likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse settings within an unrestricted geographic area.

By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public setting.

There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.

This release applies to photographic, audio or video recordings collected as part of the J3K Dance Company activities.

By signing this form I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.





Full Name___________________________________________________


Signature____________________________ Date____________________




If this release is obtained from a presenter under the age of 18, then the signature of that presenter’s parent or legal guardian is also required.

Parent’s Signature_______________________________ Date_______________________