Depending on his/her/their physical condition, Classes may be hazardous to his/her/their health, and he/she/they are fully aware of the potential dangers and risks, including but not limited to physical illness or injury, death and other consequences that may arise or result directly or indirectly from participation in any and all Classes. It is Participant’s sole responsibility to participate in exercises that are appropriate for the current status of his/her/their health. Participant represents and warrants that his/her/they are in good physical condition and do not suffer from any impairment, disability, disease, or other physiological or psychological medical condition that could prevent or limit his/her/their participation in any and all Classes. Participant has been advised that a physician’s examination and approval should be obtained by anyone prior to commencing a dance and/or exercise program, or otherwise initiating a substantial change in the amount of regular physical activity performed, and if Participant has chosen not to obtain a physician’s consent prior to participating in the any and all Classes, his/her/they are doing so solely at his/her/their own risk. Participant is fully aware
that even with a physician’s examination and approval, any physical activity should be done in moderation and never should be performed to the point of fatigue or pain. Participant is solely and fully responsible for monitoring his/her/their own condition throughout participation in any and all Classes; if his/her/they begin to experience fatigue and/or pain, his/her/they will immediately cease all physical activity and seek proper medical attention, or, at his/her/their sole discretion and risk, will reduce and/or adjust the level of activity during any Class.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND ON BEHALF OF MYSELF AND MY HEIRS, DEPENDENTS, SPOUSE/PARTNER, PARENT(S) OR OTHER NEXT OF KIN, REPRESENTATIVES, EXECUTORS, SUCCESSORS AND ASSIGNS, I HEREBY KNOWINGLY, VOLUNTARILY, EXPRESSLY, FULLY AND FOREVER WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS (A) ON POINTE DANCE ACADEMY., AND THEIR RESPECTIVE PRINCIPALS, AGENTS, INSTRUCTORS, EMPLOYEES (contract, part-time, full-time or otherwise), REPRESENTATIVES, VOLUNTEERS, ADVISORS, SUBCONTRACTORS, SUCCESSORS, ASSIGNS AND ALL OTHER PERSONS OR ENTITIES WHO HAVE ACTED, ACT OR WILL ACT ON BEHALF OF ON POINTE DANCE ACADEMY (SUCH PARTIES HEREINAFTER REFERRED TO AS “On Pointe”), (B) THE APPLICABLE PROPERTY OWNERS AND/OR LEASEHOLDERS, AND (C) OTHER DANCE CLASS PARTICIPANTS – COLLECTIVELY HEREINAFTER REFERRED TO AS THE “RELEASED PARTIES” – FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, ACTIONS, CAUSES OR RIGHTS OF ACTION, AND COSTS AND EXPENSES, INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS’ FEES, (COLLECTIVELY, “CLAIMS”) – WHETHER KNOWN, UNKNOWN, ANTICIPATED OR UNANTICIPATED – DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO OR RESULTING IN WHOLE OR IN PART FROM PARTICIPATION IN ANY AND ALL CLASSES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF PHYSICAL OR PSYCHOLOGICAL ILLNESS OR INJURY, BODILY HARM, MEDICAL EXPENSES, COSTS OF MEDICAL EMERGENCY CARE AND/OR TRANSPORT, DEATH, DAMAGE TO REAL OR PERSONAL PROPERTY, AND LOSS OR THEFT OF PERSONAL PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARISE IN WHOLE OR IN PART FROM THE ACTS, OMISSIONS OR NEGLIGENCE OF THE RELEASED PARTIES.