Assumption of Risk, Release and Waiver of Liability
On behalf of myself/ and/ or my children, I understand the following:
Section 1-______________
1. I understand Novel Coronavirus (‘‘COVID-19â€) infections have been confirmed throughout the United States, including multiple cases in my area.
2. I understand COVID-19 is an extremely contagious virus that spreads easily, including through person-to-person contact.
3. I understand, as with any social activity, use of Courtney’sSchool of Dance(CSD to be known hence forth) facilities or services, or participation in CSD programs, may present the risk of contracting COVID-19. I further understand CSD takes safety and preventative precautions, and that CSD can in no way warrant that COVID-19 infection will not occur through use of such facilities or services or participation in CSD activities, in-person dance classes and or programs.
4. I understand the known and potential dangers of participating in the programs and/or utilizing the facilities and services of CSD and acknowledge that my use thereof, and/or use by my participating children may, despite CSD’s prudent and reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
5. I understand that due to the nature of the facilities, services, and programs offered by CSD, social distancing of 6 feet per person among children and or others, and compliance with guidance and recommendations of public health agencies, may not always be possible.
6. I understand that CSD has taken steps to implement certain guidance and recommendations issued by public health agencies for hindering the transmission of COVID-19, including, without limitation, the access/use restrictions set forth throughout the “CSD Assumption of Risk Waiver for In-Person Activities†form.
7. I understand that CSD may revise its procedures at any time based on updated recommended guidance and recommendations issued by public health agencies and that I and my participating children must comply with all CSD procedures prior to participating in, visiting, or utilizing the facilities, services, and/or the programs and/or attending in-person dance classes or in-person CSD events/performances.
Section 2_____________
On behalf of myself and/or my children, I agree to the following:
1. I agree to ensure that I and my participating children will comply with the most recent guidance and recommendations issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), state agency and local municipalities for slowing the transmission of COVID-19.
2. I agree that neither I nor my participating children shall visit or utilize the facilities, services, and/or programs of CSD or attend in-person CSD Events and or performances within 14 days after (i) returning from highly-impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, (iii) exposure to any person who has a suspected or confirmed case of COVID-19, or (iv) exposure to any other risk identified by the most recent guidelines or recommendations or guidelines situation delineated by WHO, the CDC or my state public health agency or municipality.
3. I agree that neither I nor my participating children shall participate in, visit, or utilize the facilities, services, and/or programs of CSD if I, he, or she (i) experience(s) symptoms of COVID-19, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19.
4. I agree to notify CSD immediately if I believe that any of the foregoing access/use restrictions may apply.
Section 3_____________
On behalf of myself and/or my children, I covenant the following:
1. I covenant I, my heirs, assignees, distributees, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach any property of any releasee in connection with any matters covered by this release.
2. I covenant “not to sue†is intended to be as broad and inclusive as is permitted by law, and that if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
3. I covenant, to the maximum extent permitted by applicable law, not to elect a trial by jury with respect to any matters covered by this release that may be triable of right by a jury, and (b) waive any right to trial by jury with respect to such matters to the extent that any such right exists now or in the future. This waiver of right to trial by jury is given knowingly and voluntarily. If governing law does not allow the waiver included in this paragraph, then I agree that this paragraph shall be severable from this Agreement.
Section 4_____________
On behalf of myself and/or my children, I hereby irrevocably and unconditionally release, waive, and discharge the following:
Courtney’s School of Dance and any of its affiliates, Courtney Mattheis and any of its affiliates, any other Courtney’s School of Dance, and any of their respective directors, officers, employees, volunteers, and agents (collectively, the “Releaseesâ€), from any and all actions, claims and demands that I, my assignees, heirs, distributees, guardians, next of kin, spouse and/or legal representatives now have or may have in the future, whether known or unknown, foreseen or unforeseen, for injury, death or property damage and expenses of any nature whatsoever, related to (i) my participation or my children’s participation in the programs or travel related thereto, (ii) the negligence or other acts, whether directly connected to these activities or not, and however caused, by any Releasee, or (iii) the condition of the premises.