Liability Release and Waiver Agreement
Release of Liability Policy
This policy also contains a Waiver, Release, and Indemnification section relating to your participation in, and use the Impact Dance Comple's Classes and Facilities. Please read it carefully.
Voluntary Assumption of Risk
You acknowledge that dancing is a physical activity that involves jumping, kicking, rotation, and coordinated body movements. You agree that your / your child’s participation in activities with Impact Dance Complex involves inherent physical risks and your child and you agree to and voluntarily assume the full risk of any bodily injuries (including death), damages, or loss which your / your child may sustain as a result of any activities arising out of, connected with, or in any way associated with your / your child's participation in activities with Impact Dance Complex. You certify that your / your childs present level of physical condition is consistent with the demands of active participation in dance.
Waiver
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, including but not limited to, the use of facilities at IMPACT DANCE COMPLEX you acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in dance and in using exercise equipment in association with the classes and facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including, but not limited to, paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the IMPACT DANCE COMPLEX staff, you, or the individual you are signing on behalf of, would be at physical risk participating in IMPACT DANCE COMPLEX’s Classes, you understand and agree that you, or the individual, may be denied access to the Classes and Facilities until you furnish IMPACT DANCE COMPLEX with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing IMPACT DANCE COMPLEX’s concerns and stating that IMPACT DANCE COMPLEXs concerns are unfounded.
Release and Indemnification
In consideration of being allowed to participate in and access the classes and facilities of IMPACT DANCE COMPLEX you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless IMPACT DANCE COMPLEX from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to your participation in the activities or use of the facilities, and (3) represent that you, or the individual you are signing on behalf of, (a) have no medical or physical condition that would prevent you from properly using any of IMPACT DANCE COMPLEXs classes and facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using IMPACT DANCE COMPLEXs Classes and Facilities and should not be participating in any Classes.
Your agreement to indemnify IMPACT DANCE COMPLEX means you will be responsible for any costs, including but not limited to reasonable legal fees, associated with any of the claims listed in this section. This includes, but is not limited to, any claims made by a third party due to or arising from or relating to your use of the facility and participation in classes.
Further, as the legal parent or guardian, you release and hold harmless Impact Dance Complex, its owners, operators, and staff from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, that may be sustained by the participant and/or the undersigned, while in or upon the premises or any premises under the control and supervision of Impact Dance Complex, its owners, and operators or in route to or from any of said premises.
General
You acknowledge and declare that You have been provided with the opportunity to discuss and review this Agreement before signing it and you freely and voluntarily signed this document with a full understanding of the agreements, acknowledgements, representations and declarations contained herein. You further agree and acknowledge that you have been provided a reasonable period of time within which to review the terms of this Agreement.
If any provision of this Agreement, or the application thereof to any person or situation shall be held invalid or unenforceable, the remainder of this Agreement, and the application of such provision to persons or situations other than those to which it shall have been held invalid or unenforceable, shall continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement shall be interpreted under and construed in accordance with the laws of the Province of Ontario.