LIABILITY WAIVER AND RELEASE FORM
White Bluff Ballet & More / Faith Christian Tutorial / The Abbey
In consideration of my (or my child’s) enrollment, attendance, or participation in any class, event, activity, tutorial, co-op, rehearsal, party, performance, private lesson, or open studio time (collectively referred to as “Activities”) conducted by White Bluff Ballet & More (WBB&M), Faith Christian Co-Op/Tutorial, or The Abbey, whether on or off premises, I, the undersigned, for myself and, where applicable, as the parent or legal guardian consenting to the participation of my minor child(ren), and for my heirs, assigns, personal representatives, and next of kin:
Release and Waiver of Liability:
With respect to claims belonging to me individually, I fully and forever release, waive, and discharge White Bluff Ballet & More, Faith Christian Co-Op/Tutorial, The Abbey, and their respective owners, directors, officers, employees, volunteers, instructors, independent contractors, contracted or substitute instructors, vendors, performers, agents, affiliates, successors, and any lessor of premises used (collectively referred to as “Released Parties”) from any and all liability, claims, demands, losses, damages, causes of action, costs, or legal fees (including attorneys’ fees and court costs) arising out of or in any way related to my participation in, attendance at, presence at, or use of premises or equipment in connection with Activities, or my minor child’s participation in Activities, including but not limited to bodily injury (including paralysis and death), illness (including contagious illnesses), property damage, theft, accidents, psychological harm, or economic losses, including claims arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by law. This release does not apply to gross negligence, reckless conduct, intentional wrongdoing, or other liability that applicable law does not permit to be released.
If I am signing as the parent or guardian of a minor participant, nothing in this Agreement is intended to waive or release a claim belonging solely to the minor child where such waiver or release is prohibited by applicable law.
Assumption of Risk:
I acknowledge that participation in the Activities inherently involves risk of injury or harm, including from slips, falls, contact with equipment or surfaces, physical exertion, areas outside scheduled instruction or direct supervision, or interaction with other participants. I further acknowledge the possibility of risks arising from equipment malfunction, failure, movement, or other equipment-related hazards, whether known or unknown.
If I am participating as an adult, I knowingly and voluntarily assume all such risks, including risks arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by law, and assume responsibility for the risks of my participation. If I am signing as the parent or guardian of a minor participant, I acknowledge and understand these risks, voluntarily consent to my child's participation, and understand that injury may occur despite reasonable instruction, supervision, spotting, and safety precautions. I understand that instruction, supervision, spotting, mats, safety equipment, and other precautions are intended to reduce risk but cannot eliminate the possibility of injury.
I acknowledge that participation is entirely voluntary and that I have had the opportunity to ask questions and receive satisfactory answers regarding this waiver and the risks involved.
I further understand that injury may result if a participant fails to follow instructor directions, attempts a skill without permission, uses equipment or apparatus without authorization, engages in horseplay, leaves an assigned area, or otherwise disregards safety instructions. Participants are required to follow instructor directions and studio safety rules at all times.
I understand that participation also involves the risk of accidental injury caused by the actions of other participants, including collisions, falls, loss of control, misuse of equipment, or another participant's failure to follow instructions or safety rules. I further understand that non-participating children and guests who accompany me may encounter ordinary risks associated with being present near Activities, equipment, participants, and instructional areas, and I agree to supervise them and ensure that they comply with all applicable safety restrictions.
Medical Treatment Authorization:
I authorize the Released Parties to secure emergency medical care or treatment for myself or my child if deemed necessary, understanding that I am responsible for any and all associated costs. To the best of my knowledge, I (or my child) am able to participate safely subject to any medical conditions, restrictions, special needs, or accommodation needs I have disclosed to the applicable Released Party. I agree to promptly disclose any material change in that information.
Supervision of Children:
The Released Parties’ supervision of a participant begins when the participant is placed under the supervision of an instructor or staff member for his or her scheduled Activity and ends when that scheduled Activity concludes or the participant is released from the instructor’s supervision. At the conclusion of the scheduled activity, responsibility for supervision immediately returns to the parent, guardian, or responsible caregiver. Remaining on the premises after a class or event has ended does not extend Released Parties' supervision or childcare responsibility. A parent, guardian, or caregiver remaining on the premises to speak with staff, instructors, other parents, or guests remains responsible for supervising his or her child during that time. Parents, guardians, and caregivers are solely responsible for children in common areas, hallways, restrooms, waiting areas, parking areas, and other areas outside scheduled instruction. Non-participating children and guests remain the responsibility of their accompanying adult at all times. Non-participating children and guests may not enter instructional or activity areas, use equipment or apparatus, attempt skills, or participate in Activities unless specifically authorized by an instructor or staff member. The accompanying adult is responsible for keeping non-participating children and guests under appropriate supervision and ensuring their compliance with these restrictions. Any temporary assistance or supervision provided by staff outside a participant's scheduled Activity does not create an ongoing childcare or supervisory obligation.
Third-Party Instructors and Vendors:
I understand that Activities may involve third-party instructors, vendors, performers, contractors, venue operators, or service providers. With respect to claims belonging to me individually, and to the fullest extent permitted by law, I release and hold harmless the Released Parties from claims arising from the acts or omissions of such third parties. Nothing in this section limits any release or other protection granted elsewhere in this Agreement to any person or entity that independently qualifies as a Released Party.
Personal Property:
I understand that the Released Parties are not responsible for lost, damaged, or stolen property while I, my child, or associated guests are on the premises or attending offsite events such as recitals or performances.
Insurance Acknowledgment:
I understand that it is my responsibility to carry adequate health and accident insurance for myself and/or my child(ren). The Released Parties do not provide such insurance coverage.
Photo/Media Consent:
I authorize the Released Parties to photograph, video record, livestream, reproduce, publish, display, distribute, and otherwise use photographs, video recordings, audio recordings, or likenesses of myself or my child(ren) taken in connection with Activities, including classes, rehearsals, recitals, performances, showcases, competitions, special events, and other programs. Such materials may be used for advertising, promotional materials, websites, social media, educational purposes, archival or internal documentation, and the recording, reproduction, distribution, or sale of recital, performance, or event recordings.
I understand that I or my child may appear individually, as part of a group, or incidentally in the background of photographs or recordings, and that the Released Parties are not required to crop, blur, obscure, remove, or otherwise edit me or my child from group photographs, class photographs, event photographs, recital or performance recordings, livestreams, or similar materials.
I waive any right to inspect or approve such materials and waive any right to royalties or compensation arising from their authorized use.
As a courtesy, the Released Parties may consider a parent's written request that a minor not be used as the primary subject of an individual promotional photograph or advertisement, when reasonably practicable; however, such a request does not constitute an opt-out from this consent and does not apply to group photographs, class photographs, incidental or background appearances, recitals, performances, event recordings, livestreams, archival or internal documentation, or materials already created, published, distributed, or sold.
Hands-On Instruction and Physical Contact:
I understand that dance, gymnastics, and other instructional formats may require appropriate physical contact for correction, spotting, or instruction. I agree to notify the Instructor in writing if I or my child has any restrictions on physical contact due to medical, psychological, or religious concerns.
Indemnification and Responsibility for Conduct:
To the fullest extent permitted by law, the undersigned adult agrees to defend, indemnify, and hold harmless the Released Parties from claims, damages, liabilities, judgments, costs, or expenses arising from or related to the acts or omissions of the undersigned adult, participant, guests, or other persons under the undersigned adult's supervision; the undersigned adult's breach of this Agreement or applicable policies; or the participant's intentional, reckless, negligent, unauthorized, or prohibited conduct.
To the fullest extent permitted by law, this indemnification includes third-party claims arising from participation in the Activities even when such claims are caused in whole or in part by the ordinary negligence of one or more Released Parties, provided that this provision shall not apply to liability resulting from a Released Party's gross negligence, reckless conduct, or intentional wrongdoing.
The undersigned adult is also responsible, to the fullest extent permitted by law, for damage to property or equipment caused by the undersigned adult, participant, guests, or persons under the undersigned adult's supervision.
Nothing in this section is intended to require a parent or guardian to indemnify any Released Party against a personal-injury claim belonging to that parent's or guardian's minor child where such indemnification is prohibited by applicable law.
Attorneys' Fees and Enforcement:
In any legal action or proceeding between any Released Party and the undersigned adult arising from or relating to enrollment, participation, this Agreement, or the interpretation or enforcement of any rights or obligations under it, the prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, and litigation expenses, including those incurred on appeal, to the fullest extent permitted by law. This provision applies to claims, rights, and obligations belonging to the undersigned adult or a Released Party and is not intended to impose liability for attorneys' fees upon a minor participant based solely on a claim belonging to the minor. If the undersigned adult brings or maintains a claim belonging to the undersigned adult that is validly released or waived under this Agreement, the applicable Released Party may seek all remedies available for breach of this Agreement, including damages, reasonable attorneys' fees, and costs to the fullest extent permitted by law.
Behavioral Expectations and Safety Compliance:
Participants, parents, guardians, family members, and guests are expected to conduct themselves in a respectful, safe, and appropriate manner and to comply with instructor directions, safety rules, and any written policies, rules, or participant requirements applicable to the Activity and provided or made available to them. Unsafe, disruptive, threatening, harassing, abusive, or repeatedly disrespectful behavior; failure to follow instructions; unauthorized use of equipment; horseplay; or other conduct that interferes with instruction, safety, or the orderly operation of an Activity may result in the participant or family being asked to leave, suspended, reassigned, restricted from certain activities, or dismissed from participation without refund, to the extent permitted by applicable law.
The Released Parties reserve the right to take reasonable action they consider necessary to protect participants, staff, guests, equipment, and the safe operation of Activities. This may include stopping a participant from attempting a skill, removing access to equipment or apparatus, requiring a participant to sit out, modifying class placement, or ending participation in an Activity.
Governing Law, Venue and Jurisdiction:
This Agreement and any dispute or claim arising from or relating to it or participation in Activities shall be governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. To the fullest extent permitted by law, any action filed in state court shall be brought in a court of competent jurisdiction in Dickson County, Tennessee. Any action properly brought in federal court shall be brought in the United States District Court for the Middle District of Tennessee, Nashville Division.
Scope and Severability:
This waiver and release shall be construed broadly to provide maximum legal protection to the Released Parties under applicable law. If any portion is held to be invalid, the remaining provisions shall continue in full force and effect.
This signed waiver shall be considered as valid as the original. Electronic signatures or scanned copies are accepted.
I HAVE READ, UNDERSTOOD, AND VOLUNTARILY SIGN THIS WAIVER OF LIABILITY AND RELEASE. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM GIVING UP CERTAIN LEGAL RIGHTS BELONGING TO ME AND, IF SIGNING FOR A MINOR, I AM CONSENTING TO THE MINOR'S PARTICIPATION AND AGREEING TO THE PARENT/GUARDIAN OBLIGATIONS CONTAINED IN THIS AGREEMENT.
Participant or Parent/Guardian Name (Printed): _________________________________________
Signature: _______________________________________
Phone #: _______________________________________
Email: _______________________________________
Date: __________________
PARENT/GUARDIAN ACKNOWLEDGMENT AND CONSENT FOR MINORS
(If Participant is under 18)
I am the parent or legal guardian of the minor participant named below and have authority to consent to the minor's participation in the Activities. I have read and understand this Agreement, acknowledge the risks described herein, and voluntarily consent to the minor's participation.
I personally agree to the obligations imposed upon parents and guardians by this Agreement, including applicable provisions concerning supervision, conduct, safety rules, any written policies, rules, or participant requirements applicable to the Activity and provided or made available to me, indemnification, attorneys' fees and enforcement, and responsibility for property damage, to the fullest extent permitted by law. I also release and waive any claims belonging to me individually arising from the minor's participation to the extent permitted by law.
Nothing in this acknowledgment is intended to waive, release, or indemnify against a claim belonging solely to the minor participant where applicable law prohibits the parent or guardian from doing so.
Minor’s Name (Printed): _________________________________________
Parent/Guardian Name (Printed): __________________________________
Signature: _______________________________________
Phone #: _______________________________________
Email: _______________________________________
Date: __________________
