WAIVER OF LIABILITY, ASSUMPTION OF RISK,
RELEASES CONCERNING PERSONAL
PROPERTY AND PHOTOGRAPHY,
INDEMNITY, ATTESTATION CONCERNING
HEALTH, AND ACKNOWLEDGEMENT
Waiver and Release of Liability
I hereby prospectively waive and release Peninsula School of Performing Arts, its owners, directors, staff, employees, independent contractors, and volunteer helpers (collectively, “PSPA” or the “Indemnitees”) from any and all liability, claims, demands, and causes of action whatsoever arising out of, or related to, any loss, damage, or injury, including death, that may result from my participating in dance lessons, exercise classes, rehearsals, parties, performances, field trips or any other function sponsored or facilitated by Peninsula School of Performing Arts (hereinafter, the “Activities”).
I understand that appropriate physical contact between an instructor and a student is generally required during the instruction of dance; and I give my permission for instructors to make appropriate physical contact with me for purposes of such instruction.
Assumption of Risk
Participation in the Activities carries with it certain inherent risks that cannot be eliminated without curtailing the Activities in whole or in part. The risks will vary based on the specific activity undertaken, but they range from minor injury or illness to catastrophic injury or death. Contraction of the COVID-19 virus is one of the risks covered by this release. I, the undersigned, hereby acknowledge that the Activities, including dance training and performance carry with them risks; and I hereby assume vis-à-vis the Indemnities, to the fullest extent consistent with the law, all risks of injury and harm to me in connection with the Activities.
Release Regarding and Protection of Personal Property
I hereby release PSPA from any responsibility for lost or stolen personal property. All personal belongings should be marked with the name of the owner; but PSPA assumes no responsibility for any articles that may be lost, misplaced or stolen within PSPA’s facilities or when engaged in activities otherwise sponsored, organized or facilitated by PSPA.
Grant and Release of Photography Rights
I hereby grant and release to Peninsula School of Performing Arts the right to use and publicize photographs and videos of me taken during classes, workshops, performances, or other affiliated events sponsored, organized or facilitated by PSPA, provided, however, that such right of publication shall be exercised solely for purposes of instruction and/or for advertising and promoting Peninsula School of Performing Arts.
Indemnification and Hold Harmless
I agree to INDEMNIFY and HOLD HARMLESS the Indemnitees from any claims, actions, suits and procedures, including and costs, expenses, damages and liabilities, including litigation defense costs, imposed in connection therewith, which are brought as a result of my involvement in the Activities, and to reimburse the Indemnities for any and all such expenses incurred by them.
Attestation Concerning Health of Participant
I hereby confirm and warrant that I am in sufficiently good health to participate in strenuous dance exercises and in the Activities generally. In addition, I acknowledge that I was advised to consult a physician concerning any doubt about my health and condition to engage in the Activities. I am informed and accept that is incumbent on me to inform the Indemnities of any known or suspected physical limitations or conditions that I may have or may arise. I further attest that (i) except as set forth on the attached Exhibit 1, there are no health-related reasons or problems which may restrict my participation in the Activities, and (ii) vis-à-vis the Indemnities, I will be responsible for all medical costs that arise as a result of injury to me in connection with the Activities.
Acknowledgement
By signing this document, I acknowledge and represent that I have fully informed myself of the content of this waiver, assumption of risk, release, indemnification and hold harmless arrangement reading it carefully before I sign it; and I understand that I sign this document as my own free act and deed, having been advised of my right and ability to seek legal counsel concerning the implications hereof. I have relied on no oral representations, statements, or inducements, which differ from this writing. I further state that I am at least 18 years of age and am fully competent to execute and deliver this document; and that I execute this document based on full, adequate, and complete consideration, fully intending to be bound by the same.
I intend for this document to be construed in favor of the Indemnitees as broadly and inclusively as permitted by the law of the State of California. If any portion hereof is held invalid, I agree that the remaining portions hereof shall, notwithstanding, continue in full legal force and effect.
