RELEASE, WAIVER AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in (i) dance lessons and instructions provided by, and performances presented, by THRIVE DANCE STUDIO LLC, and (ii) dance competitions, including out of town competitions, as part of a THRIVE DANCE COLLECTIVE LLC team (dance lessons, instructions, performances, rehearsals, practices, and competitions are referred to herein collectively as the “Dance Activities”, and Thrive Dance Studio LLC and Thrive Dance Collective LLC are revered to herein collectively as “Thrive”), ON BEHALF OF MYSELF OR A MINOR CHILD OR WARD, AS APPLICABLE, AND MY AND THEIR HEIRS, NEXT OF KIN, AND PERSONAL REPRESENTATIVES, I ACKNOWLEDGE, UNDERSTAND, AND DECLARE AS FOLLOWS:
To the best of my knowledge, my minor child is in good physical condition and has no disease or injury that would be aggravated by participating in activities related to the dance classes, performances, or competitions. If I am the participant, I am in good physical condition and have no disease or injury that would be aggravated by participating in activities related to the dance classes, performances, or competitions.
I specifically acknowledge that Thrive and the Thrive Parties shall bear no responsibility for my child when he or she is left unattended outside the scheduled times for any Dance Activity, whether from being dropped off early, picked up late or any other reason.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY – READ CAREFULLY BEFORE SIGNING
PARTICIPATING IN DANCE THE DANCE ACTIVITIES MAY INVOLVE RISK OF SERIOUS INJURY, INCLUDING, BUT NOT LIMITED TO, MUSCLE OR OTHER SOFT TISSUE STRAINS, SPRAINS AND TEARS, BROKEN BONES, AND SEVERE INJURIES SUCH AS PARALYSIS OR EVEN DEATH. I AM FULLY AWARE OF THE INHERENT RISKS INVOLVED IN DANCE ACTIVITIES AND THE POSSIBILITY OF INJURY FROM PARTICIPATING IN SUCH ACTIVITIES. I VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH DANCE ACTIVITIES. I AGREE TO WAIVE, DISCHARGE, RELEASE, HOLD HARMLESS, INDEMNIFY, DEFEND, AND COVENANT NOT TO SUE THRIVE OR ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, STAFF, AGENTS, ADVISORS, AND VOLUNTEERS (COLLECTIVELY, THE "THRIVE PARTIES") FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, CAUSES OF ACTION, OR LAWSUITS FOR INJURY (INCLUDING DEATH), LOSS, OR DAMAGE TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THRIVE PARTIES OR OTHERWISE, IN CONNECTION WITH PARTICIPATION IN ANY DANCE ACTIVITIES OR ANY ACTIVITY ASSOCIATED WITH OR RELATED TO ANY DANCE ACTIVITIES, INCLUDING TRANSPORTATION TO OR FROM ANY DANCE ACTIVITY AND SUPERVISION OF ME OR MY MINOR CHILD OR WARD BEFORE, DURING, OR AFTER ANY DANCE ACTIVITY. I UNDERSTAND THAT I SHOULD BE AWARE OF ANY PHYSICAL LIMITATIONS OR INJURIES WITH RESPECT TO ME AND MY CHILD/WARD AND AGREE NOT TO EXCEED THEM, AND THAT IT IS MY RESPONSIBILITY TO NOTIFY THE THRIVE PARTIES OF ANY SUCH PHYSICAL LIMITATIONS OR INJURIES THAT COULD AFFECT SAFE PARTICIPATON IN DANCE ACTIVITIES. THIS RELEASE, WAIVER AND INDEMNITY EXTENDS TO CLAIMS BASED ON NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER FAULT OF THE THRIVE PARTIES, EXCEPT WHERE PROHIBITED BY LAW.
I expressly agree that this Release, Waiver and Indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas. If any clause, phrase, or provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, it is agreed that: (a) the remaining provisions shall nonetheless continue in full legal force and effect; (b) the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable; and (c) if such modification is not possible, the invalid provision shall be severed from this Agreement without affecting the validity of the remaining provisions.
I fully understand that the members of the Thrive Parties are not physicians or medical practitioners of any kind. With this in mind, I hereby authorize Thrive to render first aid to me or my child/ward in the event of injury or illness, and if deemed necessary, to call an ambulance for which I will be financially responsible, or to arrange other transportation of a sick or injured participant to a hospital, urgent care, emergency room, or other available healthcare facility, and I authorize medical treatment at such facility. I agree to provide health insurance for myself or my child/ward and hereby guarantee payment of any medical expenses incurred as a result of any Dance Activities.
Thrive reserves the right to refuse service for any reason, including, but not limited to, slander, loitering, safety non-compliance, disrespect, or hindering in any way any of the Dance Activities.
PHOTOGRAPH & VIDEO RELEASE AGREEMENT
I grant to Thrive the right to take photographs and videos of me or my child/ward with respect to participation in Dance Activities. I authorize Thrive to use and publish images in print and/or electronically. Thrive may use such photographs or videos with or without my child’s/ward’s name or my own and for any lawful purpose, including for example such purposes as publicity, promotional materials, publications, and Web content. I waive any right to compensation or ownership with respect to such photographs or videos.
I UNDERSTAND, AKNOWLEDGE AND CERTIFY TO THRIVE THAT:
- I AM SOLELY RESPONSIBLE FOR NOTIFYING THRIVE OF ANY CHANGED IN THE ENERGENCY CONTACT INFORMATION LISTED ABOVE.
- I HAVE SIGNED THIS (A) RELEASE, WAIVER AND INDEMNITY AGREEMENT, AND (B) PHOTOGRAPH AND VIDEO RELEASE AGREEMENT, FREELY AND VOLUNTARILY ON BEHALF OF MYSELF AND IF I AM AGREEING TO THESE TERMS ON BEHALF OF MY CHILD/WARD.
- THAT I AM THE PARENT OR LEGAL GUARDIAN OF SUCH CHILD/WARD AND HAVE THE RIGHT TO WAIVE THESE RIGHTS, AND THAT I AM INTENDING TO DO SO TO THE MAXIMUM EXTENT POSSIBLE UNDER TEXAS LAW. I AM ALSO WAIVING MY OWN RIGHTS TO BRING CLAIMS AGAINST THRIVE FOR MY OWN INJURIES OR LOSSES WITH RESPECT TO ANY INJURY TO MY CHILD/WARD, AND WITH RESPECT TO ANY DERIVATIVE CLAIMS RELATED TO MY CHILD’S INJURIES, INCLUDING MY CLAIMS FOR MEDICAL EXPENSES I PAY, LOSS OF MY CHILD’S SERVICES, AND MY OWN EMOTIONAL DISTRESS.
- THIS WAIVER REPRESENTS THE MAXIMUM WAIVER OF LIABILITY PERMITTED UNDER TEXAS LAW.
- I ACKNOWLEDGE THAT I HAVE READ THIS FORM IN ITS ENTIRETY AND HAVE PROVIDED TRUTHFUL INFORMATION.