WAIVER AND RELEASE OF LIABILITY

In consideration of MTK Studios LLC dba Summit Dance Company (“Summit”) permitting my participation in dance and choreography classes, I, the undersigned participant (“Participant”), parent or guardian, do hereby agree to this Waiver and Release of Liability (“Release”) as follows:

I acknowledge and fully recognize that there are risks to which I or my property may be exposed by participating in a dance or choreography class, or a dance performance onsite or offsite (the “Activities”). The Activities are physical activities that involve a risk of injury to my person or property. I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activities; (b) have sufficiently prepared or trained for participation in the Activities; and (c) have not been advised to not participate in the Activities by a qualified medical professional. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activities, I will immediately notify Summit and discontinue further participation in the Activities. I acknowledge that Summit is relying on these statements to allow me to participate in the Activities.

I acknowledge that I am voluntarily participating in the Activities with Summit and I am aware of the risks, dangers and hazards involved. I freely assume and fully accept all such risks, dangers, and hazards and the possibility of personal injury, injury to property, death or loss resulting therefrom. In the event of an emergency, I authorize Summit to secure from any licensed hospital, physician, or medical personnel any treatment deemed necessary for my immediate care. I agree that I will be responsible for payment of any and all medical services rendered.

I acknowledge that the Activities may sometimes require hands-on instruction as well as verbal instruction. Instructors may correct and/or instruct dancers by touching their bodies in various areas including, but not limited to, their arms, legs, trunk, abdomen, shoulders, feet, hips, back, glutes, neck, and head to move them in the correct manner and/or into the correct position. I also acknowledge that in connection with dance performances, instructors may from time to time assist me in changing my costume or clothing, which will only be done with my express consent. I acknowledge that this is a common practice and standard of instruction for the Activities and understand that it is my responsibility to communicate clearly with my teacher and/or Summit’s director if any form of touch is unacceptable to me.

I acknowledge that this Release will be used by Summit, Summit’s employees and independent contractors, and its sponsors and organizers of any Activities in which I may participate, and that it will govern my actions and responsibilities at said Activities. In consideration of my participation in the Activities, I hereby agree on behalf of myself, my spouse, executors, personal representatives, administrators, heirs, next of kin, successors, assigns, and anyone else entitled to act on my behalf to the extent they act on my behalf, as follows:

I hereby WAIVE, RELEASE, AND DISCHARGE from any and all liability, including liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, THE FOLLOWING ENTITIES OR PERSONS: Summit, its owners, employees, agents, volunteers, assistants, directors, officers, guest artists, independent contractors, faculty members, affiliates, sponsors, suppliers, students, representatives, and their respective heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors, licensees, and assigns (the “Released Parties”).

I agree TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES from and against any and all loss, liability, claims, demands, actions, causes of action, judgments, damages, and costs, including attorneys’ fees and costs, of any kind or nature arising out of or related to any loss, damage, or injury, including death, that I or any of my property may sustain resulting from my participation in or in any way connected with my participation in the Activities, regardless of whether such loss is caused by the negligence of the Released Parties and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, and covenant not to sue the Released Parties based on the same.

I also grant to Released Parties the non-exclusive, perpetual right to use my name, image, likeness, appearance, biographical information, or voice (collectively, “Identifications”), and to photograph, record, or videotape me in connection with my participation in the Activities, for the purpose of promoting dance and all dance-related programs, activities and work (“Permitted Use”). Such Permitted Use may be in any medium or format, whether now known or hereafter devised, for any publicity, without compensation or further permission. I hereby RELEASE THE RELEASED PARTIES from any and all claims, actions, damages, losses, costs, expenses, and liability of any kind, arising under any legal or equitable theory whatsoever at any time, in connection with any Permitted Use. This grant of rights and Release shall be in addition to, and shall in no manner limit or affect, any other consent, permission, grant, or license that I may have given or in the future may give to the Released Parties for the use of my Identifications.

This agreement will be subject to and interpreted in accordance with the laws of the State of Washington, without giving effect to the rules governing the conflicts of laws, and without the aid of any canon, custom, or rule of law requiring construction against the drafter. For any dispute related to the Activities or this Release, Participant consents to the exercise of personal jurisdiction by a court of competent jurisdiction in the State of Washington and agrees that venue shall be in King County, Washington. Participant hereby waives the right to argue to the contrary.

This Release constitutes the sole and entire agreement of the Released Parties and Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the Release as a whole to the full extent authorized by law.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.

If I am signing this document electronically, I agree that my electronic signature is intended to have the same force and effect as if it was hand-written and signed in ink.

PARENT / GUARDIAN WAIVER FOR MINORS (only if Participant is under 18 years old)

The undersigned parent and/or guardian of Participant (“Parent”) does hereby represent that Parent is, in fact, acting in such capacity, has the legal right to consent, has consented to Participant’s participation in the Activities, and has agreed individually and on behalf of Participant to the terms of the Release set forth above. The Participant is a minor and this form is signed by the Parent on his or her behalf. By signing below Parent acknowledges that he or she believes the Participant to be qualified, in good health, and in proper condition to participate in the Activities. The undersigned Parent hereby releases discharges and agrees to indemnify, defend and hold harmless the Released Parties from all loss, cost, liability and expense (including without limitation reasonable attorneys fees) on the Participant’s account caused or alleged to be caused in whole or in part by the negligence of the Released Parties or otherwise, and further agrees that if, despite this release, the Parent, Participant, or anyone else on the Participant’s behalf makes a claim against any of the Released Parties, the undersigned will indemnify, defend and hold harmless the Released Parties from all loss, cost, liability and expense (including attorneys fees) as a result of any such claim. The undersigned further agrees that the Released Parties, or any of his agents are authorized to obtain for the Participant any medical treatment as may, in their judgment or the judgment of any medical or paramedical personnel, be necessary and appropriate, and the undersigned further agrees to be fully responsible for all costs of any such medical treatment.


Participant’s Signature
(if under 18 years old, parent or guardian must sign)
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Date Signed
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