PARTICIPANT RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND ACKNOWLEDGEMENT (“AGREEMENT”)
Bloom Dance Company, LLC (“BDC”), a Minnesota limited liability company, provides access to, and allows participation in, numerous activities including, but not limited to, training, instruction, and participation in dance, theater, voice, acrobatics, gymnastics, related activities, and activities incidental thereof (“Activities”). As part of its Activities, BDC may provide access to its equipment, facilities, and premises, and/or the equipment, facilities, and premises of others.
“BDC” includes BDC’s owners, of?cers, directors, agents, employees, and any other person or entity acting on BDC’s behalf.
The undersigned (“Participant”) is registering for participation in BDC’s Activities and/or is registering a minor child for participation in BDC’s Activities. “Participant” includes the person(s) executing this Agreement, the person(s) registering to participate in BDC’s Activities, and their/his/her heirs, executors, administrators, and assigns. For all Participants under 18 years of age, “Participant” further includes, and all terms/provisions in this Agreement shall apply to, the Participant’s parents or legal guardians.
I. GENERAL RELEASE AND WAIVER OF LIABILITY
For and in consideration of the Participant’s registration with BDC, and being allowed to participate in BDC’s Activities, Participant hereby waives, releases, and relinquishes any and all claims for liability and cause(s) of action, including for personal injury, arising out of participation in BDC’s Activities, and/or activities incidental thereof, whenever or however they occur and for such period said activities may continue. By the terms of this Agreement, any such claims, rights, and causes of action that Participant may have against BDC are hereby waived, released and relinquished.
PARTICIPANT IS AWARE AND AGREES THAT BY SIGNING THIS AGREEMENT, THEY/HE/SHE IS GIVING UP THE RIGHT TO BRING LEGAL ACTION OR ASSERT A CLAIM AGAINST BDC FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE EQUIPMENT OR CONDITION AT ITS PREMISES.
Participant acknowledges and understands that there are risks relating to BDC’s Activities, and that the Activities involve risks to Participant’s person including bodily injury, partial or total disability, paralysis, death, and damages which may arise therefrom. Participant agrees that they/he/she has full knowledge of said risks. These risks and dangers may be caused by the negligence of the Participant and/or the negligence of others, including BDC. Participant further acknowledges that there may be risks and dangers not known or not reasonably foreseeable at this time, and acknowledges, understands, and agrees that all of the risks and dangers described throughout this Agreement, including those caused by the negligence of Participant, BDC, and/or others, are included within this Section I.
This Agreement is to be construed to the broadest extent possible under Minnesota law and to waive any and all liability of BDC pertaining its Activities, equipment, or premises. However, in accordance with Minnesota law, nothing in this Agreement should be constructed as releasing, discharging, or waiving claims Participant may have for conduct that constitutes greater than ordinary negligence such as intentional, willful, or wanton acts that result in injury, property damage, or death.
II. ASSUMPTION OF INHERENT RISKS
Participant understands and acknowledges that there are inherent risks in participating in BDC’s Activities and voluntarily assumes these risks and any other risks associated with BDC’s Activities, equipment, facilities, and premises. Knowing these risks, and agreeing to the foregoing, Participant: 1) requests permission to participate in BDC’s Activities; 2) wishes to participate in these activities knowing they are or could be dangerous; 3) accepts and assumes all the risks of personal injury to Participant or damage to Participant’s property; and 4) agrees that Participant has a choice to avoid the risks identi?ed in this Agreement and any other risk associated with BDC’s Activities, equipment, facilities, or premises and could choose another provider of similar activities or not to participate.
III. OTHER RISKS
Participant is also aware of the risks associated with ongoing or future public health
crises, pandemics and/or epidemics, including related illnesses and deaths, and fully understands the potential health risks associated with the spread and contraction of such conditions. Despite the foregoing, Participant will be attending and participating in BDC’s Activities and using its equipment/facilities. Participant does hereby fully and forever release, discharge, and hold harmless BDC from any and all liability, claims, demands, or causes of action that Participant,
Participant’s spouses, children, other relatives, guests, tenants, pets, vendors, employees, neighbors, domestic help, doctors, nurses, care providers, health insurance providers, employers, or any other related persons or entities (“Participant Parties”) might have for illness, death, other injuries, damages, or claims related to or arising out of such conditions, including but not limited to any and all claims that BDC caused, by any action or inaction, whether active or passive, such conditions to enter any areas of its premises or that Participant or any Participant. Parties contracted or become af?icted with such conditions as a result of participating in BDC’s Activities or entering BDC’s premises.
IV. INDEMNIFICATION AND HOLD HARMLESS
Participant further agrees if any claim for Participant’s personal injury, property damage, or wrongful death is commenced against BDC, they/he/she shall defend, indemnify and hold BDC harmless from any and all such claims, demands, or causes of action by whomever or wherever made or presented for Participant’s personal injuries, property damage, or wrongful death, including attorneys’ fees and costs arising from any such action.
V. MEDICAL CONSENT
In the event a Participant’s parent or legal guardian is not present, the undersigned hereby grants authority to BDC’s staff to render a judgment concerning Participant’s medical assistance or hospital care should an accident or illness arise. Participant further releases, discharges, and agrees to hold BDC harmless from any claims related to the foregoing.
PARTICIPANT ACKNOWLEDGES THAT THEY/HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND HAD AN OPPORTUNITY TO CONSULT LEGAL COUNSEL PRIOR TO VOLUNTARILY RELEASING/WAIVING CLAIMS AND ASSUMING ALL RISKS ASSOCIATED WITH BDC’S ACTIVITIES, EQUIPMENT, FACILITIES, AND PREMISES. PARTICIPANT FURTHER AGREES THAT THEY/HE/SHE IS NOT RELYING ON ANY REPRESENTATIONS FROM BDC IN EXECUTING THIS AGREEMENT, OTHER THAN THOSE STATED HEREIN.
