PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION
By signing this Participation and Arbitration Agreement, Indemnification, General Release and Assumption, you are giving up your and/or your spouse and minors legal rights including the right to bring a lawsuit in court and/or have the claim decided by a jury.
By signing this agreement I am giving up my rights and the rights of my spouse and/or children to sue Studio 1518 Dance, LLC, for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of Studio 1518 Dance, LLC, including including any of its owners, directors, officers, employees, independent contractors, agents, volunteers, participants and all other persons or entities acting for them.
For the right to participate in any of the services or activities at Studio 1518 Dance, LLCs premises (the PREMISES), including, but not limited to, dance, tumbling, acrobatics and other activities (collectively ACTIVITIES), provided by Studio 1518 Dance, LLC and its owners, directors, officers, employees, independent contractors, agents, volunteers, participants and all other persons or entities acting in any capacity on its behalf (collectively Studio 1518 Dance, LLC).
I, on behalf of myself, and my spouse, legal partner, children, wards, heirs, assigns, personal representatives and estate, if any (My People), hereby: acknowledge, agree or represent (as the case may be): (a) that immediately upon entering or participating I will inspect and carefully consider the PREMISES; (b) that entry into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that the PREMISES and all facilities and equipment thereon have been inspected and carefully considered by me and that My People and I find and accept same as being safe and reasonably suited for the purpose of such observation, use or participation by My People and me; (c) that My People and I are in good health and in physical condition to participate in the ACTIVITIES that Studio 1518 Dance, LLC provides; (d) that during the ACTIVITIES neither I nor My People will be under the influence of alcohol or any illicit or prescription drugs that would in any way impair my/our ability to safely participate in ACTIVITIES; (e) that we have not been advised against any activities by a health professional; and (f) that we are under no obligation to participate in any ACTIVITIES against our will; (g) that we will only participate in ACTIVITIES for which we have sufficient skill to avoid injury; (h) that it is my sole responsibility to determine whether we are sufficiently fit and healthy enough to participate in ACTIVITIES; (j). we accept sole responsibility for our own conduct and actions, as well as the conduct and actions of each other while participating in the ACTIVITIES, and the condition and adequacy of the equipment.
(1) ASSUMPTION OF RISK AND RELEASE OF LIABILITY: I acknowledge that I and/or my spouse have full authority as parent or legal guardian to bind the minor participant to this release and agreement (AGREEMENT). On behalf of myself and My People, I (a) further acknowledge that we are voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision a; lack of other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), Studio 1518 Dance, LLC, and/or any other person and/or Studio 1518 Dance, LLC while on the PREMISES; (b) voluntarily assume all such risks.
(2) In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth in the Participation and Arbitration Agreement and any related events and activities, the undersigned acknowledges, appreciates, and agrees that: (A) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particularr ules and personal discipline may reduce this risk, the risk of serious illness and death does exist; ine may reduce this risk, the risk of serious illness and death does exist; and, (B) Participant for myself, and/or on behalf of my spouse, and minor child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume fullresponsibility for my participation; and, (C) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I willremove myself from participation and bring such to the attention of the nearest management employee immediately; and (D) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and (E) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Studio 1518 Dance, LLC, its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises (RELEASEES), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
(3) LIABILITY FOR PROPERTY: I, on behalf of myself and My People, agree that Studio 1518 Dance, LLC is not liable to us or our guests, for any personal property that is damaged, lost, or stolen while on or about the PREMISES including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not Studio 1518 Dance, LLC was negligent.
(4) ATTORNEYS FEES: To the extent permitted by law, I promise to indemnify and pay Studio 1518 Dance, LLC for any attorneys fees and/or costs incurred to enforce the Mediation, Non-Binding Arbitration portion of this AGREEMENT, including all costs associated with any collection efforts.
(5) TERMS OF AGREEMENT: I understand that this AGREEMENT extends forever into the future and will have full force and legal effect each and every time I or My People visit the PREMISES, whether at the current location or any other Studio 1518 Dance, LLC location or facility, including, or any of its subsidiary or affiliates locations or facilities. I agree that this AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.
(6) MEDIATION, NON-BINDING ARBITRATION AND VENUE: If a dispute arises out of or relates to this AGREEMENT and Studio 1518 Dance, LLC and/or any ACTIVITIES and/or an incident that occurs while on the PREMISES, and/or while using any items purchased in or about the PREMISES, as well as the installation, design, construction, and condition of the PREMISES by Studio 1518 Dance, LLC, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree on a different mediation or non-binding arbitration process, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the AAA) under its Commercial Mediation Procedures available at http://www.adr.org before resorting to non-binding arbitration. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State in which the Studio 1518 Dance, LLC is located. In-person hearings will take place pursuant to the Non-Binding Consumer Arbitration Rules in the county/parish and state in which Studio 1518 Dance, LLC is located. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. The parties agree to mediation and non-binding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to this AGREEMENT, the participation in any on-site ACTIVITIES and/or while on the PREMISES, and/or while using any items purchased in or about the PREMISES, as well as the installation, design, construction, and condition of the PREMISES by Studio 1518 Dance, LLC. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAAs website at http://www.adr.org. The scope of this AGREEMENT is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this AGREEMENT. The parties reserve their rights to resolve disputes involving less than $10,000.00 in an applicable small claims or district court in the county/parish and state in which the Studio 1518 Dance, LLC is located that are within the scope of the small claims or district courts jurisdiction. In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against Studio 1518 Dance, LLC shall be in the county/parish and state in which the PREMISES is located. It is further agreed that the substantive law of the State in which Studio 1518 Dance, LLC is located shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction. By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me and My People, the right to maintain any action in court or to be decided by a jury against Studio 1518 Dance, LLC on the basis of any claim from which I have released Studio 1518 Dance, LLC and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My People and agreed to indemnify and hold harmless Studio 1518 Dance, LLC from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Studio 1518 Dance, LLC as a result of the participation in ACTIVITIES in or about the PREMISES by myself or My People, and/or claims asserted by myself or My People against Studio 1518 Dance, LLC related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
