RAE HOUSE DANCE STUDIO LLC LEGAL WAIVER
PARTICIPANT RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING.
I, the undersigned individual, desire to participate in any or all of the services and activities, including, but not limited to, dancing, dance routines, lifting, weight-training, tumbling, acro, stretching, walking, running, leaps, jumps, partnering, break-dancing, inverted tricks (collectively “Activities) otherwise use the equipment and facilities offered by Rae House Dance Studio LLC the “Company”). As consideration for the Company permitting me to participate in the Activities and use its equipment and facilities, I, on behalf of myself and my spouse, children, parents, heirs, assigns, personal representatives, and estate (collectively, “I”), agree to release, discharge, indemnify, defend, and hold harmless the Company and each of their respective agents, affiliates, owners, officers, members, participants, employees, landlords, and all persons or entities acting in any capacity on their behalf (collectively, “Releasees”), as follows:
ACKNOWLEDGMENTS
1. ACKNOWLEDGMENTS: I acknowledge and certify: (i) I am at least 18 years old, do
not have any medical or physical condition(s) that would preclude me from
participating in the Activities, and am not intoxicated; (ii) I have read or otherwise been
apprised of, and agree to comply with, all rules relating to my participation in the
Activities, as well as any instructions from the Activities operator(s); (iii) I have
adequate insurance to cover any injury or damage I may cause or suffer while
participating in the Activities, or else I agree to bear the costs of such injury or damage
myself; and (iv) Not withstanding any other provision herein, by signing this document,
you, your company, affiliates and entities ("waiving parties") waive any and all claims
related to the subject matter of this document, any license, agreement or contract
between this park, its affiliates, parent, subsidiaries, officers, directors, investors and
Employees.
ASSUMPTION OF THE RISK
2. ASSUMPTION OF THE RISKS: I acknowledge and understand that participating in the
Activities inherently entails known and unanticipated risks that could result in physical
or emotional injury, paralysis, death or damage to me, to property, or to third parties,
including risks related to the negligence or fault of any Releasee. I understand that
such risks cannot be eliminated without jeopardizing the essential qualities of the
Activities. The risks include, but are not limited to, injuries which could result in
musculoskeletal injuries including head, neck, and back injuries, paralysis, or even
death.
MY PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND I ELECT TO
PARTICIPATE DESPITE THE RISKS.
3. RELEASE OF LIABILITY AND INDEMNIFICATION: I HEREBY VOLUNTARILY
RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL
DAMAGES, LIABILITIES, COSTS, EXPENSES, CLAIMS, DEMANDS, OR CAUSES OF
ACTION THAT I OR ANY THIRD PARTY MAY HAVE OR THAT MAY BE BROUGHT
AGAINST ANY OF THE RELEASEES AS A RESULT OF ANY INJURY OR DAMAGE TO
MY PERSON OR PROPERTY OR WHICH ARE IN ANY WAY CONNECTED WITH
MY PARTICIPATING IN THE ACTIVITIES OR MY USE OF THE COMPANY’S
EQUIPMENT OR FACILITIES, INCLUDING ANY CLAIMS BASED ON ANY
NEGLIGENCE OR FAULT OF ANY RELEASEE, INVASION OF RIGHTS OF PRIVACY,
VIOLATION OF RIGHT OF PUBLICITY, DEFAMATION, OR APPROPRIATION.
WITHOUT LIMITING THE FOREGOING, I COVENANT AND AGREE TO WAIVE
ANY CLAIM AND NOT TO INSTITUTE LEGAL PROCEEDINGS AGAINST ANY
RELEASEE FOR ANY OF THE CLAIMS RELEASED IN THIS AGREEMENT.
USE OF LIKENESS
4. USE OF LIKENESS. I understand that during the Activities and while I am otherwise
using the Company’s equipment and facilities I may be photographed or videotaped. To
the fullest extent allowed by law, I waive all rights of publicity and privacy and pre-
approval that I have for any such likeness of me or use of my name and/or voice in
connection with such likeness, and I grant to the Company and its assigns permission
to copyright, use, and publish (including by electronic means) such likeness of me,
whether in whole or part, in any form, without restrictions, and for any purpose.
5. ARBITRATION OF DISPUTES; WAIVER OF JURY TRIAL; TIME LIMIT TO BRING
CLAIM; AND CHOICE OF LAW: The parties agree that ANY AND ALL DISPUTES
ARISING OUT OF THE ACTIVITIES, INCLUDING THE DETERMINATION OF THE
SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE
BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury)
AND BE DETERMINED BY ARBITRATION IN [INSERT JURISDICTION] BEFORE
ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMES
PURSUANT TO ITS RULE 16.1 EXPEDITED RULES AND PROCEDURES.
JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING
JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING
PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF
APPROPRIATE JURISDICTION. This agreement shall be governed by and construed
under the laws of [INSERT JURISDICTION], without regard to conflicts of law
provisions. Notwithstanding the provision with respect to the applicable substantive
law, any arbitration conducted pursuant to the terms of this Agreement shall be
governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and
acknowledge that the JAMS Arbitration Rules to which I agree are available online for
my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rule &
Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum
Standards Of Procedural Fairness.
SEVERABILITY
6. SEVERABILITY. The parties understand and agree that this agreement is intended to
be as broad and inclusive as is permitted by applicable law, and that if any portion of
this agreement is found to be void, invalid, or unenforceable, the remaining portions
shall remain in full force and effect.
I certify that I am the parent or legal guardian of the above minors and confirm that the
information I entered is accurate and true.
I am at least 18 years old and I have read and agree to the terms of the above agreement.
BY ELECTRONICALLY SIGNING BELOW, I AFFIRM THAT I HAVE CAREFULLY READ
THIS AGREEMENT, UNDERSTAND ITS CONTENT AND PURPOSES, AND
VOLUNTARILY AGREE TO ALL THE TERMS SET FORTH ABOVE.
_____________________________
(Name of Minor)
_____________________________
Parent/Guardian Typed
_____________________________
Parent/Guardian Signature + Date
