In consideration of services of Elevate Dance Center, LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “EDC”), I hereby agree to release and discharge EDC, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. Acknowledgement of EDC Activities. I acknowledge that the activities involved in the use of EDC’s facilities and participation of EDC’s services, events, and other activities, at this location and all other locations in which EDC’s services are being provided, are both dance and non-dance related, and include, but are not limited to, climbing, swinging, crawling, jumping, dancing, twisting, tumbling, running, lifting, and hanging (“EDC Activities”). These activities provide an opportunity for fun; improved physical fitness; vigorous, healthful exercise; exciting group and individual competition; improved agility and balance; wholesome recreation; and other benefits. I understand that participation in EDC Activities entails significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. Such risks include, among others, equipment failure, falling, and negligence of teachers and other participants.
2. Assumption of Inherent Risk. I understand that the inherent risks of EDC Activities are serious and that some of these activities involve risks regardless of the care taken by EDC. I realize that EDC Activities require some degree of skill, coordination, and physical fitness. I have read the previous paragraphs and:
I fully know and appreciate the nature of the EDC Activities;
I understand the demands of those activities relative to my physical condition, abilities, limitations and skill level; and
I fully appreciate the types of injuries that may occur as a result of such activities.
I hereby assert that my, and, if applicable, my child's or ward's, participation in EDC Activities is voluntary and that I knowingly assume all inherent risks of the activity on behalf of myself and, if applicable, my child or ward.
3. Waiver of Liability. In consideration of permission to use the property, facilities, equipment, and services of EDC, today and on all future dates, I (on behalf of myself, my child or ward, my spouse, heirs, personal representatives, my estate, my parents and assigns referred to hereafter as "RELEASING PARTIES") do hereby waive, release, discharge and covenant not to sue EDC, and their respective owners, directors, officers, employees, volunteers, independent contractors, agents, affiliates, successors, assigns, and equipment suppliers (referred to hereafter as "PROTECTED PARTIES") from liability from any and all claims, lawsuits, or causes of action, arising from or related to my or my child’s or ward’s participation in EDC Activities, including any injury or death resulting from the negligent acts or omissions of the PROTECTED PARTIES. The scope of this release is intended to be one that is given the fullest effect under the law, and encompasses any claims for ordinary negligence, including, but not limited to medical treatment provided, and/or not provided in the event of an incident at the facility (whether due to the participation in the activities or otherwise). This agreement applies to the following:
(a) Personal injury (up to and including death) from incidents or illnesses arising from participation in EDC Activities (including, but not limited to recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, and instruction; use of facilities, equipment, shower/locker room areas, and all premises.);
(b) Any and all claims resulting from the damage to, loss of, or theft of property; and
(c) Consequential and other damages, such as but not limited to, your inability to work, resulting from any injury or loss.
4. Indemnification. I, on behalf of myself and, if applicable, my child or ward, also agree to hold harmless, defend, and indemnify EDC (that is, defend and pay any judgment and costs, including investigation costs, attorneys' fees, experts' fees and related expenses) from any and all claims brought by the RELEASING PARTIES arising from my and, if applicable, my child's or ward's, death, injury, or loss related to my or my child’s or ward’s involvement in EDC Activities (including those arising from the inherent risks of the activity and/or the ordinary negligent acts or omissions of the PROTECTED PARTIES). I, on behalf of myself and, if applicable, my child or ward, further agree to hold harmless, defend, and indemnify EDC and PROTECTED PARTIES (that is, defend and pay any judgment and costs, including investigation costs, attorneys' fees, experts' fees and related expenses) against any and all claims of other participants, rescuers, and others arising from or related to my and, if applicable, my child's or ward's, conduct in the course of participating in EDC Activities. Should EDC or any one acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. Insurance. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
6. Miscellaneous.
(a) I agree to abide by the rules of the facility and to obey all verbal instructions from EDC employees.
(b) I, on behalf of myself and, if applicable, my child or ward, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and, if applicable, my child or ward, and EDC and cannot be modified or changed in any way by representations or statements by any agent or employee of EDC.
(c) I, on behalf of myself and, if applicable, my child or ward, further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
(d) I, on behalf of myself and, if applicable, my child or ward, agree that if any dispute shall arise from this Agreement or from my or my child's or ward's participation in EDC Activities, I and, if applicable, my child or ward, shall first engage in good faith efforts to mediate the dispute. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I, on behalf of myself and, if applicable, my child or ward, agree that all disputes, controversies, or claims arising out of this Agreement or participation in EDC Activities shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall have no power to make any errors of law or of legal reasoning.
(e) I, on behalf of myself and, if applicable, my child or ward, also understand that if legal action is brought, the appropriate trial court for the county of Adams in the State of Colorado has the sole and exclusive jurisdiction and that only the substantive laws of the State of Colorado shall apply, without to any conflict of laws rules.
7. Likeness Release. I grant EDC permission to use my, and my minor child’s or ward’s, likeness in its publications, websites, marketing and other materials without payment, and without any prior approval of any and all publications, websites, marketing and other materials that contain my and/or my child's or ward’s likeness.
8. Acknowledgement and Understanding. I understand that I am giving up substantial legal rights, including my rights, the rights of my child or ward, if applicable, and the rights of any RELEASING PARTY to sue for damages in the event of death, injury or loss. I further acknowledge that I, on behalf of myself and, if applicable, my child or ward, am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability, including that due to inherent risks of the activity or ordinary negligence by the PROTECTED PARTIES, to the greatest extent allowed by law of the State of Colorado. If I sign this document electronically, I confirm that my electronic signature will be deemed the same as my written signature.
I confirm that I have read this Agreement and fully understand its terms. If applicable, I assert that I have explained the risks of the activity to my child or ward and that he or she understands the agreement.
