Waiver & Participation
Studio J Dance LLC WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND PARTICIPATION AGREEMENT
In consideration for being permitted to utilize the services, facilities, and programs of Studio J Dance LLC ("Studio"), including but not limited to private and/or group lessons, and for my minor child(ren), if any, to participate, I, the undersigned adult, hereby acknowledge and agree to the following terms:
ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS
I, the undersigned adult, confirm that I am at least 18 years of age and legally competent to enter into this agreement. I acknowledge that dance and related physical activities at the Studio involve inherent risks, including serious injury, illness (including COVID-19), emotional stress, disability, and/or death. I further understand that participation in such activities occurs in shared spaces where the Studio has limited control over other participants.
I, on behalf of myself and any participating minor(s) for whom I am the parent, legal guardian, or authorized custodian, knowingly, voluntarily, and freely assume all risks associated with participation in Studio activities, use of the premises, and equipment. These risks include, but are not limited to, cuts, bruises, sprains, broken bones, strains, spinal injuries, and injuries caused by movement, turns, twists, flips, contact with others, falls, or conditions of the premises. These risks exist whether they arise from my own actions, those of others, or from the Studio or its affiliates, including acts of negligence.
MEDICAL CLEARANCE AND RESPONSIBILITY
I affirm that I (and any participating minor(s)) am physically and medically able to safely engage in dance and related activities at the Studio. I have either consulted with a licensed healthcare provider or independently determined, through my own judgment, that such participation is safe. I understand that it is my responsibility to monitor my own (or the minor’s) physical condition and withdraw if health concerns arise.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
EMERGENCY MEDICAL TREATMENT
In the event of a medical emergency, I authorize the Studio and its personnel to secure appropriate medical treatment for me or my child(ren). I understand that I am financially responsible for any such treatment.
ILLNESS & COVID-19 ACKNOWLEDGEMENT
To protect the health and safety of all participants and staff, I agree to comply with all CDC and local health department guidelines regarding COVID-19 and any illnesses. I understand that all individuals must be symptom-free for at least 10 days prior to attending in-person classes at the Studio. Anyone showing symptoms must remain at home. I understand and accept the associated risks of exposure.
RELEASE OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW
To the maximum extent allowed by California law, I, on behalf of myself and any participating minor(s), hereby waive, release, discharge, and hold harmless Studio J Dance LLC and its owners, officers, instructors, employees, agents, contractors, affiliates, and volunteers (collectively, the “Released Parties”) from any and all claims, demands, damages, causes of action, or liabilities, including those based on negligence, for personal injury, property damage, wrongful death, or any other harm arising out of or related to:
Participation in Studio activities;
Presence in, on, or about the Studio premises or equipment;
Illness or injury (including COVID-19 exposure);
The provision or failure to provide emergency care;
Any other circumstances connected with use of Studio services.
I further waive all rights under California Civil Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This release applies to any and all participation, including today’s date and future visits, and is binding on the heirs, assigns, and representatives of both myself and any participating minor(s).
INDEMNIFICATION AGREEMENT
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, causes of action, damages, losses, liability, or expenses (including attorneys’ fees and court costs) that arise directly or indirectly from my or the participating minor(s)’ participation in Studio activities or use of the premises. This includes any claims related to medical assistance provided or not provided by the Studio or its agents. This indemnity also includes claims brought by third parties who may be exposed to or injured by myself or my child(ren), directly or indirectly.
I understand that the Studio is not required to provide insurance to cover me or my child(ren) for any illness, injury, death, theft, or property loss while using its facilities or services.
AUTHORIZATION FOR MEDIA USE (IMAGE AND PERSONAL INFORMATION)
I authorize the Studio to use the name, age, and any photographs, video footage, or audio recordings of myself or the participating minor(s) in its promotional and marketing materials, including websites, social media, and other platforms. I waive any rights of privacy or publicity and agree that such use does not require compensation.
RULES & REGULATIONS; HEALTH & SAFETY COMPLIANCE
I agree to abide by and follow all Studio rules, regulations, policies, posted signage, and instructions from Studio staff at all times. I acknowledge that failure to comply may result in expulsion from Studio activities without refund. I further understand and agree that the services provided are recreational in nature and do not involve the lease, rental, or bailment of any equipment.
PROPERTY LOSS
I understand and agree that it is my sole responsibility to safeguard my personal property while attending or participating in any classes, rehearsals, workshops, events, or performances. I hereby release Studio and the Released Parties from all liability for loss or damage to my personal property while attending or participating in Studio activities.
DISPUTE RESOLUTION – MEDIATION AND ARBITRATION
In the event of any dispute, claim, or controversy arising from this agreement or participation in Studio activities, the parties agree to first attempt to resolve the issue in good faith through informal discussions or non-binding mediation with ADR SERVICES in Orange County, California. If unresolved, the matter shall then be submitted to binding arbitration under the Arbitration Rules of ADR SERVICES. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party will bear their own attorney’s fees and costs.
ENTIRE AGREEMENT AND SEVERABILITY
This Agreement constitutes the entire agreement between the parties regarding participation in Studio activities. If any provision of this Agreement is found to be invalid or unenforceable under California law, the remaining provisions shall continue in full force and effect.
KNOWING & VOLUNTARY EXECUTION
I affirm that I have carefully read and fully understand this Agreement, and sign it freely and voluntarily without inducement or assurance of any kind. I understand that by signing this document or checking the acknowledgment box during registration, I am giving up substantial legal rights including the right to recover damages for injury, illness, or death. I further understand that this agreement is binding upon my heirs, executors, and assigns and agree to be legally bound by its terms. I further acknowledge that my electronic signature is legally binding and has the same effect as a handwritten signature.
If signing on behalf of a minor, I represent and warrant that I have full authority to execute this Agreement on their behalf and that I am legally authorized to consent to their participation.