NEXT MOVE DANCE CO – RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
(the “Release Agreement”)
BY ACCEPTING THIS RELEASE AGREEMENT, YOU WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY.
To: Next Move Dance Corp, and their respective subsidiaries, affiliates, directors, officers, partners, shareholders, employees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, builders, designers, manufacturers, successors, and assigns (collectively, the “Releasees”).
Definition – “Dance Studio.”
In this Release Agreement, “Dance Studio” includes, without limitation, all facilities and areas, including the dance floor, exercise and stretching areas, and any equipment located within the Releasees’ premises at 7144 Collister Drive, Burnaby, BC, as well as any other location where the Releasees hold or participate in a show, workshop, lesson, competition, or performance.
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ASSUMPTION OF RISKS
I understand that use of and participation in activities at the Dance Studio involve many risks, dangers, and hazards, including but not limited to: slips; trips; falls; collisions with objects or other persons; exposure to loud noises or sounds; mechanical failure of equipment; loss of balance or control; difficulty controlling speed and direction; variations or changes in floor surfaces (including uneven surfaces or depressions); failure to remain within designated areas; choking on small objects; allergic reactions to materials, food, or beverages (including but not limited to peanuts, tree nuts, gluten, and lactose); negligence of other participants; and failure to act safely or within one’s own ability.
I further understand that these risks include negligence on the part of the Releasees, including a failure to safeguard or protect me or my child from the risks, dangers, and hazards of the Dance Studio, and that such risks exist throughout the Dance Studio.
I AM AWARE OF THESE RISKS, DANGERS, AND HAZARDS AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS TO MYSELF OR MY CHILD, INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS.
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RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY
In consideration of the Releasees allowing me or my child to use or participate in the Dance Studio, and for other good and valuable consideration (the receipt and sufficiency of which are acknowledged), I agree as follows:
1. Waiver and Release.
To waive any and all claims that I have or may in the future have against the Releasees, and to release the Releasees from any and all liability for any loss, damage, expense, or injury, including death, that I or my next of kin may suffer arising from my or my child’s participation in the Dance Studio for any reason whatsoever, including without limitation negligence, breach of contract, or breach of any statutory or other duty of care (including without limitation any duty under the Occupiers Liability Act, R.S.B.C. 1996, c. 337), on the part of the Releasees, and including any failure to safeguard or protect me or my child from the risks, dangers, and hazards of the Dance Studio.
2. Indemnity.
To hold harmless, defend, and indemnify the Releasees from any and all liability for property damage or personal injury (including death) to me or my child resulting from our use of or participation in the Dance Studio.
3. Image and Likeness – Authorized Uses.
I give the Releasees the irrevocable and perpetual right to reproduce, copy, display, modify, publish, or otherwise use my image, picture, portrait, photograph, electronic reproduction, or other likeness (with or without my name), in whole or in part, including in altered, composite, or illustrative form (whether or not any alteration or optical illusion is intentional), in any media and by any manner, for advertising, trade, promotion, exhibition, or any other lawful purposes (the “Authorized Uses”).
4. Ownership and Moral Rights Waiver.
I agree that all materials (print, electronic, or otherwise) created by the Releasees that incorporate my likeness (the “Materials”) are and shall remain the sole and exclusive property of the Releasees. The Releasees retain all intellectual property rights in the Materials, including copyright. To the extent I have any moral rights in the Materials or my likeness, I hereby waive all such moral rights in favour of the Releasees.
5. No Right to Inspect or Approve.
I waive any and all rights to inspect or approve any image, portrait, photograph, electronic reproduction, or other likeness of me (whether modified or not) that may be used now or in the future by the Releasees, whether such use is known to me or not.
6. No Compensation; No Additional Claims.
I waive any claim to royalties, compensation, or other benefits, and any claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any Authorized Uses, including any blurring, distortion, alteration, or composite use of my likeness.
7. Binding Effect.
This Release Agreement shall be binding upon my heirs, next of kin, executors, administrators, and representatives in the event of my death or incapacity.
8. Governing Law.
This Release Agreement and any rights, duties, and obligations between the parties shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction.
9. Jurisdiction.
Any litigation involving the parties shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the courts of British Columbia.
10. Entire Understanding.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees regarding the safety of the Dance Studio other than as set out in this Release Agreement.
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ACKNOWLEDGEMENTS
• Studio Policies. By signing this Release Agreement, I/we consent to and agree to all studio policies and procedures, including fees and payment policies.
• Accuracy of Information. I/we acknowledge that the information supplied in the registration form regarding our child(ren) is true and accurate to the best of my/our knowledge.
• Policy Updates. I/we understand that policies and procedures are subject to change, and I/we will adhere to Next Move Dance Co’s official communications regarding such changes.
• Comprehension. I/we have had sufficient opportunity to read this entire document; I/we understand it and agree to be bound by its terms.
• Application. I/we understand that this Release Agreement applies to any and all visits by me or my child to the Dance Studio.
THE RELEASEES’ LIABILITY IS EXCLUDED BY THESE CONDITIONS.