In consideration of Minor’s participation in dance and/or gymnastics (“Activities”) at Balance Dance + Gymnastics, I agree as follows:
1. I represent that I am at least 18 years of age and that I am the parent of, or otherwise have the legal right and authority to enter into this agreement on behalf of, the Minor identified in my account within the parent portal.
2. I represent that Minor is physically and mentally capable of participating in the Activities and I will ensure that Minor will abide by all Balance Dance + Gymnastics safety rules and policies.
3. I acknowledge that Minor’s participation in the Activities is voluntary. I understand and voluntarily assume all risks of personal injury, including death, and property damage associated with Minor’s participation in the Activities. The potential dangers and risks associated with the Activities may include the risk of physical, mental and emotional injury, bone fracture, becoming entrapped in equipment, misuse of equipment, injuries caused by poor decisions or mistakes made by others, including coaches and other participants, improper training or instruction, falling, dehydration, heat exhaustion, physical exertion, lack or difficulty in communication, lack or inaccessible medical attention or equipment, poor health or physical condition, known or latent health conditions, mental distress or panic from exposure to any of the above, misunderstanding or underestimation of risks and abilities, accidents, death, infections, exposure to viruses, bacteria and other illnesses. I UNDERSTAND THAT THE DESCRIPTION OF RISKS ABOVE IS NOT INTENDED TO BE COMPREHENSIVE AND THAT PARTICIPATING IN THE ACTIVITIES MAY BE DANGEROUS AND MAY INCLUDE OTHER UNFORESEEN RISKS.
4. For and on behalf of myself, the Minor and each of our respective heirs, successors, and assigns, I hereby voluntarily waive, release, forever discharge, and agree not to bring any legal action against Balance Dance + Gymnastics, its affiliates and their respective officers, employees, representatives, successors, assigns and facility owners (“Released Parties”) from any action or claim for injuries, including death, or property damage associated with Minor’s participation in the Activities, and including but not limited to any of the Released Parties’ acts or omissions, or any other claim, whether based on tort, statutory violation, breach of warranty, breach of contract or any other legal theory.
5. I agree to defend, indemnify and hold harmless the Released Parties from and against any liability, costs, property loss or damage, medical bills, loss of income, expenses, attorney’s fees, liens, subrogation rights, and all other damages of any kind or nature, and from any suits, claims or demands, including legal fees and expenses, arising out of or related to Minor’s participation in the Activities. This obligation to defend, indemnify and hold harmless will survive the period of Minor’s participation in the Activities and will apply even after Minor has attained majority.
6. I authorize Balance Dance + Gymnastics and its personnel to seek medical care or transport Minor to a medical facility if they deem it necessary. I certify that I have sufficient insurance to cover medical care, transportation, and any injury or property damage resulting from Minor's participation in the Activities, including to third parties or to Balance Dance + Gymnastics, or that I can personally cover these expenses.
7. I AGREE THAT NEITHER BALANCE DANCE + GYMNASTICS NOR ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES WILL BE LIABLE TO ME OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES.
8. I grant permission to Balance Dance + Gymnastics to take pictures and videos of Minor during Minor’s participation in the Activities. Balance Dance + Gymnastics has an irrevocable right and license to use and/or publish such material in any medium and for any business purpose.
9. This agreement is governed by the laws of the State of Georgia (without giving effect to its conflict of laws principles). If a party desires to bring an action in court, the parties irrevocably submit to the exclusive jurisdiction of State Court in DeKalb County, Georgia. This Agreement is binding on the assignees, heirs, next of kin, executors and representatives of the Minor and the undersigned parent or legal guardian. If any portion of this agreement is unenforceable, the remaining portions will remain in full force and effect. This agreement is the entire agreement and supersedes any and all prior contracts, waivers, arrangements, communications, whether oral or written, relating to the subject matter.
I REPRESENT THAT I HAVE CAREFULLY READ THIS PARTICIPATION AGREEMENT, UNDERSTAND ITS CONTENTS, AND SIGN IT VOLUNTARILY ON BEHALF OF THE MINOR IDENTIFIED IN THIS RECORD WITHIN MY DANCE STUDIO PRO ACCOUNT.