As the parent or legal guardian of a dancer, in order to induce The Studio to permit
Participant's use of and participation in The Studio's dance instruction and performance
facilities, equipment, programs and activities, and in consideration for the same, I, intending
to legally bind myself, Participant, and any other parent or legal guardian of Participant and
our heirs or assigns, hereby acknowledge, warrant and agree to the following:
1. Authority and Permission. As the parent or legal guardian of Participant, I have the
authority to execute this Agreement on his/her behalf, and on behalf of any other parent or
legal guardian of Participant, and I hereby grant my permission for Participant to use The
Studio's facilities and equipment (the "Facilities"), and to participate in The Studio's programs
and activities (the "Activities").
2. Health of Participant. I hereby warrant and covenant that Participant has had a physical
examination within the past year, and that he/she is physically fit and able to participate in the
Activities and to use the Facilities.
3. Acknowledgement and Assumption of Risk. I hereby understand, agree and
acknowledge that Participant's use of the Facilities and participation in the Activities creates a
potentially dangerous situation in which my child is at risk for serious emotional and physical
or bodily injury, including partial or permanent disability, temporary or permanent paralysis,
and death ("Risks"), despite measures to reduce, minimize or eliminate these Risks.
I hereby understand, agree and acknowledge that the list of Risks identified in Section 3
herein is not complete or exhaustive; and that I freely and voluntarily signed up and paid for
my child's use of the Facilities and participation in the Activities. Furthermore, I hereby
knowingly and voluntarily assume and accept all Risks of injury, death, illness, disease, and
damage to property, inherent in, associated with or arising from Participant's use of the
Facilities and participation in the Activities, as specified herein, and as may otherwise arise or
result therefrom. I hereby knowingly and voluntarily, forever release, discharge and agree to
hold harmless The Studio, and its members, owners, employees, volunteers, officers, agents,
invitees, representatives, heirs, successors and assigns (the "Studio Personnel"), from any and
all claims, demands, or causes of action, which are in any way connected with Participant's
use of the Facilities and participation in the Activities (the "Claim(s)"), including any such
Claims which allege a negligent act or omission of or by The Studio; and to indemnify The
Studio and The Studio Personnel for any and all costs, charges or expenses, including
reasonable attorneys' fees, incurred in connection with any said Claim.
4. Covenant Not to Sue and Agreement to Indemnify. I hereby understand, agree and
acknowledge that by signing this Agreement, I am voluntarily waiving any right to, and will be
precluded from, suing or otherwise bringing any lawsuit, cause of action, or Claim (as defined
herein) against The Studio and/or The Studio Personnel for any losses, injuries or damages in
connection with, or pertaining to, any personal injury, property loss or death, suffered or
sustained by Participant in connection with his/her use of the Facilities and participation in the
Activities, whether or not such losses, injuries or damages are caused solely or, in part, by the
negligence, including ordinary negligence and gross negligence, recklessness, carelessness
or fault of The Studio and/or The Studio Personnel.
5. Damage and Injury Caused by Participant. I hereby understand, agree and
acknowledge that if Participant, in connection with his/her use of the Facilities and
participation in the Activities: (a) damages, harms or destroys, or causes any damage, harm or
destruction to the Facilities, or to any of the equipment, fixtures, assets or property contained
therein ("Damage by Participant"); or (b) harms, injures or causes the death of another
person, through a negligent, careless, reckless or willful act ("Injury by Participant"), I hereby
covenant, warrant and agree that we shall be fully and completely liable and responsible for:
(i) the monetary amount of any and all costs, damages, losses, and expenses resulting from
such Damage by Participant; (ii) the cost to repair or replace any equipment, fixtures, assets or
property in or a part of the Facilities resulting from such Damage by Participant; and (iii) any
and all medical, hospital or related expenses, and other costs, damages, losses, and expenses
incurred by another person as a result of such Injury by Participant. Furthermore, I hereby
covenant, warrant and agree to completely defend, indemnify and hold The Studio and/or
The Studio Personnel harmless for any and all costs, damages, losses, and expenses,
including judgments, fines, settlements, punitive damages and attorneys fees, arising from
any threatened, pending or instituted Claim, whether civil, criminal, administrative or
arbitrative, and any appeal to such a Claim, in which The Studio and/or The Studio Personnel
are joined as a party, or threatened to be joined as a party, resulting from, or in connection
with, any such Damage by Participant or Injury by Participant.
6. Emergency Treatment. I hereby covenant, warrant and agree that if Participant, in
connection with his/her use of the Facilities and participation in the Activities, sustains an
injury or illness, and I am not present or am not able to be reached via the telephone, we
hereby give our permission for Participant to be given medical treatment as deemed
appropriate and necessary under the circumstances, and/or to be transported to an
appropriate medical facility. We hereby further covenant, warrant and agree to assume
responsibility for all costs associated with such medical treatment and transportation for
Participant; and to completely defend, indemnify and hold The Studio and/or the Studio
Personnel harmless for any and all costs, damages, losses, and expenses, including
judgments, fines, settlements, punitive damages and attorneys fees, arising from any
threatened, pending or instituted Claim, whether civil, criminal, administrative or arbitrative,
and any appeal to such a Claim, in which The Studio and/or The Studio Personnel are joined
as a party, or threatened to be joined as a party, resulting from, or in connection with, the
administration of medical treatment, assistance or care to Participant, or the transportation of
Participant to a medical facility, as permitted hereunder.
7. Governing Law. I hereby understand, agree and acknowledge that this Agreement is
intended to be construed under the laws of the Commonwealth of Pennsylvania, as broadly
and inclusively as is permitted thereby; and that if any portion or provision of this Agreement
shall be held invalid, illegal or unenforceable, this shall not affect the validity or enforceability
of any other provision of this Agreement.
8. Acknowledgements. On behalf of myself, Participant and any other parent or legal
guardian of Participant, I hereby understand, agree and acknowledge:
(A) THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT; (B)
THAT I HAVE READ AND UNDERSTAND THIS DOCUMENT, AND AGREE TO BE BOUND BY
ITS TERMS; (C) THAT I HAVE NOT RELIED ON ANY ORAL OR WRITTEN REPRESENTATIONS
MADE BY THE STUDIO, OR ANY OF ITS MEMBERS, OWNERS, EMPLOYEES, OFFICERS,
AGENTS OR REPRESENTATIVES; (D) THAT I AM FULLY AWARE OF, AND HAVE BEEN
ADVISED OF THE POTENTIAL RISKS CONNECTED WITH PARTICIPANT'S USE OF THE
STUDIO'S FACILITY AND PARTICIPATION IN THE STUDIO'S
ACTIVITIES AND; (E) THAT I AM SIGNING THIS DOCUMENT VOLUNTARILY, AND OF MY
OWN FREE WILL.
