RELEASE OF LIABILITY
By clicking the button below, the individual (“Student”) (or if the Student is a minor, the individual identified as the legal guardian or parent of the Student who is over the age of eighteen (18) (“Parent”)), in each case as identified on the registration form submitted to Utah Dance Artists (the “Company”), hereby accepts and agrees to the terms of this release (“Release”). The Student desires to participate in dance lessons, classes, competitions, other dance activities and any other activities (collectively, the “Activity”) provided by the Company or conducted at the Company’s premises. In consideration of being permitted by the Company to participate in the Activity, the Student and the Parent, if any, on behalf of themselves and the Student (collectively, herein referred to as “I”) voluntarily and freely agrees to all the terms and conditions in this Release.
I hereby consent to receive medical or first-aid treatment deemed necessary if I am injured or require medical attention during or in connection with participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or medical services.
I am aware and understand the contagious nature of Coronavirus/COVID-19 and that many other public health authorities recommend practicing social distancing. While the Company may use preventative measures to reduce the spread of Coronavirus/COVID-19, the Company cannot guarantee that I will not become infected with Coronavirus/COVID-19 during or in connection with my participation in the Activity. Additionally, I am aware and understand that the risk of becoming exposed to and/or infected by Coronavirus/COVID-19 may result from the actions, omissions or negligence of myself and others, including but not limited, to the Company and its employees.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY, IS A PHYSICAL ACTIVITY THAT IS POTENTIALLY DANGEROUS AND INVOLVES THE RISK OF PERSONAL, BODILY OR PSYCHOLOGICAL INJURY, ILLNESS, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY SUCH INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF PERSONAL, BODILY OR PSYCHOLOGICAL INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY DAMAGE AND/OR FINANCIAL LOSS ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, managers, employees, agents, affiliates, successors and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I will not make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. I will defend, indemnify, and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including but not limited to, costs associated with reasonable attorney fees, enforcing any right to indemnification under this Release, and pursuing any insurance providers) related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Releasees.
This Release constitutes the sole and entire agreement between myself and the Company with respect to the subject matter contained herein and supersedes all prior and contemporaneous agreements. If any term or provision of this Release is found to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Release. This Release is binding on and will inure to the benefit of all parties and each party’s respective heirs, successors, and assigns. All matters arising out of or relating to this Release will be governed by the laws of the State of Delaware. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Wilmington, Delaware and I hereby consent to the exclusive jurisdiction of such courts.
☐ BY CLICKING HERE, I ACKNOWLEDGE THAT EITHER (A) I AM A STUDENT WHO IS THE AGE OF EIGHTEEN (18) OR OLDER, AND (I) I HAVE THE LEGAL RIGHT TO CONSENT TO THE TERMS AND CONDITIONS OF THIS RELEASE ON BEHALF OF MYSELF, (II) I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND (III) I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY OR (B) I AM THE PARENT OR LEGAL GUARDIAN OF THE APPLICABLE STUDENT WHO IS UNDER THE AGE OF EIGHTEEN (18), AND (I) I HAVE THE LEGAL RIGHT TO CONSENT TO THE TERMS AND CONDITIONS OF THIS RELEASE ON BEHALF OF MYSELF AND THE STUDENT, (II) I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND (III) I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY ON BEHALF OF MYSELF AND THE STUDENT.