RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY!
In full or partial consideration for allowing my youth/minor children/wards to participate in all related activities and events held by, for and/or on behalf of Innovate Dance Arts Ltd. (hereinafter referred to as “IDAâ€), both at its facility and at all other locations.
1. I accept on behalf of myself and my youth/minor child/ward that there is the risk of serious injury and death in participation, whether as a competitor, student, official or worker, in all disciplines in the performance of dance and acrobatics.
2. I have satisfied myself and believe that my youth/minor child/ward is physically, emotionally and mentally able to participate in the classes and events taught, sponsored or participated in or on behalf of IDA.
3. I understand, and will instruct my youth/minor child/ward, that regardless of his/her role, all applicable rules for participation must be followed and at all times the sole responsibility for personal safety remains with my youth/minor child/ward; and
4. I will immediately remove my youth/minor child/ward from participation in events, and notify the nearest teacher, if at any time I sense or observe any unusual hazard or unsafe condition or if I feel that my minor child/ward has experienced any deterioration in his/her physical, emotional or mental fitness.
I UNDERSTAND AND AGREE, ON BEHALF OF MY MINOR CHILD/WARD, HIS/HER HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, MYSELF, MY HEIRS, ASSIGNS PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION OF THIS DOCUMENT CONSTITIUTES:
1. AN UNQUALIFIED ASSUMPTION OF ALL RISKS associated with participation in the classes and events relative to the activities of IDA by my youth/minor child/ward even if arising from negligence or gross negligence, including any compounding or aggravation of injuries caused by the operations of IDA, classes and instruction performed at IDA and/or events participated in by IDA and/or sponsored by IDA and of any persons associated therewith or participating therein; and
2. A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I have or may in the future have against any person (s), entities or organization(s) associated in any way with IDA including lessees, promoters, sanctioning bodies or any subdivision thereof, operators, sponsors, advertisers, vehicle owners and other participants, rescue personnel, inspectors, underwriters, consultants, and others who give recommendations, directions or instructions, or engage in events or event premises or any one or more of them, and their respective directors, officers, employees, contractors, agents and representatives (all of whom are referred to as “the Releaseesâ€) from any and all liability for any loss, damage, injury or expense that my minor child/ward may suffer, or that his/her next of kin may suffer as a result of his/her use of, or presence at IDA facilities, and sponsored or participation at events, due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASEES; and
3. AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, cost of damages of any form or type, howsoever caused or arising, and whether directly or indirectly form the participation of my youth/minor child/ward in any aspect associated with IDA or events or participation in and by IDA, both at its facility and at other locations; and
4. AN AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on negligence or gross negligence of the Releasees or otherwise.
5. AN AGREEMENT to pay all required fees associated with classes taken. One months notice must be given to withdraw.
NOTE - Dancers involved in IDA's intensive program must complete a full season (September to June).
NOTE - "Acts of God" or Circumstances Outside Our Control: An "Act of God" is defined in legal terms for events outside of human control, such as sudden floods, severe weather conditions or other natural disasters, for which no one can be held responsible. Additional circumstances outside of our control are; but not limited to, mass bacterial infections or communicable diseases, and pandemics. IDA may be forced to cancel due to any circumstances outside of our control. In this case IDA is not liable for any loss resulting to the participants as a result of this circumstance. IDA will make all reasonable effort to replace cancelled classes or make other arrangements but this cannot be guaranteed. IDA does not refund dance accounts for cancelled classes due to acts of god or circumstances outside of our control.
6. AN AGREEMENT that this document be governed by the laws of the Province or State in which the classes and events occur.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH MY YOUTH/MINOR CHILD/WARD, HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS AND I AND/OR MY MINOR CHILD/WARD MAY HAVE AGAINST THE RELEASEES.
I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.