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Turning Pointe of Melbourne Liability Waiver:
As a participant or as a parent/guardian of a participant of Turning Pointe of Melbourne, Inc. (“Turning Pointe”) dance programs and affiliated services (the “Covered Activities”), I recognize and acknowledge that there are certain risks of physical injury and/or illness associated with the Covered Activities, and I agree, in my individual capacity and as parent, guardian and/or next friend of any minor, to assume full risk of any and all injuries, illness and/or death, including without limitation damages and any other loss of any kind which may be sustained as a result of and/or in relation to participation in any activities connected with Turning Pointe (the “Covered Claims”). I agree to knowingly and voluntarily waive, relinquish and disclaim all claims, losses, damages, expenses, costs and any other liabilities against Turning Pointe and its officers, directors, principals, employees, independent contractors, volunteers, agents and other affiliated individuals and/or entities (the “Covered Entities”) from any and all Covered Claims resulting from and/or related to participation in the Covered Activities, including without limitation any and all liabilities related to and/or caused by the negligence of Turning Pointe and/or any of the Covered Entities. In case of accident, sickness or other Covered Claim(s), I consent to emergency medical care for my child/self to be provided by ambulance or hospital personnel at the discretion of Turning Pointe and/or its representative. Furthermore, I acknowledge: (1) the contagious nature of COVID-19 and other contagious diseases and viruses and voluntarily assume the risk that I and/or my children may be exposed to or infected by COVID-19 by attending and/or participating in the Covered Activities, (2) that such exposure or infection may result in personal injury, illness, permanent disability, or death, and (3) that any such personal injury, illness, permanent disability, death and any other liabilities to which I and/or my child/ward may be exposed through the Covered Activities are included in the definition of Covered Claims as used herein. I further understand that the risk of becoming exposed to or infected by COVID-19 and/or other contagious diseases and viruses may result from the acts, omissions, and/or negligence of myself and others, including but not limited to the Covered Entities and/or their families. I have read and understood all of the studio policy information posted on Turning Pointe’s website. I understand that Turning Pointe does not give credit(s) and/or refund(s) for class(es) missed due to holiday, vacation, illness, weather, or closures due including without limitation those related to and/or caused by Center for Disease Control (CDC) recommendations, etc. Separately and additionally, Turning Pointe reserves the right to use all photos and/or videos for promotional purposes. Notwithstanding any of the foregoing, any liability Turning Pointe has or may have for any of the Covered Claims shall be limited in all respects, including without limitation consequential damages, attorneys’ fees and costs, to the fees paid by the claimant(s) to Turning Pointe for any services rendered for the twelve (12) month period immediately preceding the claim(s).