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WAIVER OF LIABILITY (Part I)
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The Sarasota Ballet of Florida, Inc.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. In consideration for receiving permission to participate in dance classes, rehearsals, as well as the exercises and on-line classes associated with dance; dance instruction and or the use of any facilities under the care, custody and control of The Sarasota Ballet of Florida, Inc. and any of their affiliated or associated entities, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE The Sarasota Ballet of Florida, Inc., the Board of Directors of The Sarasota Ballet of Florida, Inc., their officers, agents, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
2. I am fully aware of the risks and hazards connected with the activities of dance classes as well as the exercises and equipment associated with dance. I am also aware that there is an ongoing threat to human health and safety caused by the Covid-19 virus and I am aware that such activities include the risk of injury, including exposure to the Covid-19 virus. I am aware that that both the activities associate with dance as well as health complications associated with COVID-19 could even result in death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that The Sarasota Ballet of Florida Inc. does not require me to participate in this activity. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees that Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
4. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida and and that any mediation, suit, or other proceeding must be filed or entered into only in Florida and the federal or state courts of Florida. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions. (cont)
I've read the above and agree.
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WAIVER OF LIABILITY (Part II)
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(cont) 5. I understand that this waiver and hold harmless agreement applies anytime I am present in or in use of RELEASEES’ facilities; or anytime I am participating in on-line classes regardless of where I am located while participating in the classes. I further understand that this waiver and hold harmless agreement shall remain in full force and effect for 1 year from the date of my signature.
6. In the event of any dispute arising out of or related in any way to this Agreement and its terms, the Parties agree to participate in a two-step alternative dispute resolution process, that shall occur in Sarasota, Florida. First, within 30 days of receiving written notice of any dispute, the Parties will enter into a voluntary mediation using the services of a Court-approved mediator. Second, if mediation fails, the Parties will proceed to a final binding arbitration session before one arbitrator, to be conducted within 90 days following the mediator’s declaration of an impasse. The arbitration process shall be governed by the Florida Arbitration Code, Chap. 692 Fla. Stat., and the arbitrator’s decision shall be final and non-appealable.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
I've read the above and agree.
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