RELEASE AND WAIVER OF LIABILITY AGREEMENT
WHEREAS, LAVEEN DANCE DYNASTY LLC, D/B/A LAVEEN DANCE & CHEER (“Company”) is the owner and operator an of activity, dancing, cheerleading, tumbling, and martial arts coaching (the “Activity”) and is willing to permit the individual and/or minor individual (the “Participant”) on whose behalf the individual or parent/guardian/custodian of the minor individual is signing this Agreement to participate in the Activity, upon the terms and conditions of this Agreement. “Released Parties” means Laveen Dance Dynasty LLC, its owners, officers, directors, employees, volunteers, insurers, independent contractors and agents.
All of the Activity shall take place on property controlled by the Company. The location of the Activity shall be on property (the “Premises”) located at 3330 W Southern Ave, Suite 121, Phoenix, AZ 85041. The Company and Participants signing this Agreement may be collectively referred to as (the “Parties”).
In consideration for being provided the ability to participate in the Activity and enter the Premises, I, and/or my minor child, signing below hereby stipulate and agree:
Scope and Continued Application
This Release and Waiver of Liability Agreement applies to me, the parent or legal guardian signing on behalf of my Child, to my Child as a minor, and to my Child when they reach the age of majority or become an adult member of Company.
Use of Premises for Activity Only
I understand and agree that the Participant may only use the Premises for the Activity set forth in this Release and Waiver of Liability Agreement. I further agree that the Participant is responsible for the proper use and care of the Premises and any of Company’s property thereon, and that I will be liable for the replacement cost of any Company property/equipment which is damaged, destroyed, or lost by the Participant.
Acknowledgement of Danger
I understand and acknowledge that the Activity the Participant wants to participate in is extremely strenuous. I recognize and understand these Services are not without varying degrees of risk, which may include, but are not limited to:
PHYSICAL INJURY AND/OR DEATH, including minor injuries and major injuries such as joint and back injuries, broken bones, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, heart attack, stroke, and brain injury.
Exposure to, and sickness from, infectious viruses, bacteria, and disease, including but not limited to, COVID-19.
Property damage.
I further acknowledge that any injury the Participant may sustain while participating in the Activity may be compounded by improper use or failure of equipment, a known or unknown medical condition, negligent or delayed medical service, or negligent or delayed assistance by the Company.
Acceptance of Responsibility
I willingly assume full responsibility for any and all risks that I am exposing the Participant to as a result of participation in any Activity in the Premises and training program and accept full responsibility for any injury or death that may result from their participation. I hereby release and discharge the Company from any and all liability, including liability arising from the negligence of the Company or its employees, agents, and contractors.
Assumption of Risk
Understanding, acknowledging, and accepting all the risks and hazards involved with the Services, I freely and voluntarily choose to allow the Participant to participate, enter, and use the Premises, and I , FOR MYSELF AND ON BEHALF OF MY CHILD, HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME MY CHILD OR THEIR PROPERTY AS A RESULT OF OR INCIDENT TO THE PARTICIPANT’S PARTICIPATION.
Physical Contact Acknowledgement
I understand that the Activity the Participant will be participating in involves physical contact between the Participant, other participants, and those presenting Company. I give permission for the Participant to be touched in a professional manner by coaches and trainers representing the Company and recognize that they will have direct contact with the Participant when doing so.
Publicity Release
For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably grant to Company the unrestricted right and permission to use and publish the Participant’s appearance (“publicity rights”) in any and all media now or hereafter known in connection with the Company or its Services.
Video Surveillance
I recognize the need for video surveillance on and about Premises for security and productivity purposes. I recognize and agree that it is a condition of the Participant’s participation at the Company that I freely execute and agree to this video surveillance, including being personally recorded.
Consent to Medical Treatment
I understand that the Services that take place on the Premises may not be supervised and that the Company does not provide medical services.
I authorize and consent for the Participant to receive any emergency first aid, medication, medical and/or surgical treatment deemed necessary by attending personnel and/or the Released Parties. I further authorize the Released Parties to execute any medical permission forms, consents, or other appropriate documents on my behalf if I am unavailable.
Severability and Governing Law
If any portion of this Agreement is found to be invalid, the remaining terms shall remain in full force. This Agreement shall be governed by the laws of Arizona, and any disputes shall be resolved exclusively in Maricopa County, Arizona.
Final Acknowledgment
I, the undersigned individual and/or parent or legal guardian of the minor child, have read and understood the foregoing assumption of risk and release of liability and agree to its terms on behalf of myself and/or my child.
I, THE PARTICIPANT OR THE PARENT/GUARDIAN/CUSTODIAN OF THE PARTICIPANT, HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE AND MY CHILD’S, INCLUDING THE RIGHT TO SUE THE COMPANY.
