I understand and agree that if my child engages in any physical exercise or activity or use any GCDA facility on the premises, my child does so at his/her/their own risk. I and my child assumes the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any GCDA facility or equipment on the premises, including injuries or damages arising out of the negligence of GCDA, whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns. I/my child's assumption of risk includes, without limitation, my child's use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, lobby area, or any equipment in the GCDA facility. I understand that competitive dance and dance activities as conducted and taught at GCDA have inherent risks of injury. I/my child agree to assume the risk of participation in an activity, class, program, instruction, or GCDA-sponsored event, including but not limited to muscle strains and sprains, pulls or tears, broken bones, knee/lower back/neck/foot/ankle injuries, and other personal injuries, however caused, occurring before, during or after my child's participation. I agree that my child is voluntarily participating in the aforementioned activities and use of the GCDA facilities and premises and assumes all risk of injury, illness, damage, or loss to my child or my child's property that might result, including, without limitation, any loss or theft of any personal property.
I agree on behalf of myself, my child, and my child's personal representatives, heirs, executors, administrators, agents, and assigns to release and discharge GCDA (and it's affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of GCDA, whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my childs use of any exercise equipment or facilities which may malfunction or break, (b) GCDA's improper maintenance of any exercise equipment, premises or facilities, (c) GCDA's negligent instruction or supervision, and (d) my child's slipping and falling while on the facility or any portion of the premises for any reason, including GCDA's negligent inspection or maintenance of its facility.
By execution of this Agreement, I hereby agree to indemnify and hold harmless GCDA from any loss, liability, damage, or cost GCDA may incur due to my and/or my child's presence at the GCDA facility. This Agreement is intended to apply to use of any GCDA facility and is not limited to the date above. You further expressly agree that the foregoing release, waiver, and indemnity agreement is not intended to be limited to injuries resulting from physical exercise or activity, but is intended to apply to any injuries occurring on GCDA's premises and is intended to be as broad and inclusive as permitted by the law in the State of Alabama and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that GCDA is designed to and does offer a service to its students encompassing competitive dance and dance activities. GCDA is not in the business of selling gymnastics equipment, weight lifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by GCDA. You acknowledge and agree that GCDA does not place such items into the stream of commerce.
I hereby understand and am fully aware that the student/participant named below may be participating in Gulf Coast Dance Alliance (GCDA) activities in which I and/or the student/participant named below may be photographed or videotaped (the Property) from time to time. I hereby irrevocably grant to GCDA perpetually, exclusively, and for all media throughout the world (including print, non theatrical, home video, CD-ROM, internet and any other electronic medium presently in existence or invented in the future), the right to use and incorporate (alone or together with other materials), in whole or in part, photographs, sound bites or video footage taken as a result of participation in GCDA activities. I hereby agree that I will not bring or consent to others bringing claim or action against GCDA on the grounds that anything contained in the Property, or in the advertising and publicity used in connection herewith, is defamatory, reflects adversely on me or the student/participant named below, violates any other right whatsoever, including, without limitation, rights of privacy and publicity. I hereby release GCDA, its owners, members, Board of Directors, and all employees and agents of these parties from and against any and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever that I may hereafter have against GCDA in connection with the Property. This agreement shall not obligate GCDA to use the Property or to use any of the rights granted hereunder, or to prepare, produce, exhibit, distribute or exploit the Property. GCDA shall have the right to assign its rights hereunder, without my consent, in whole or in part, to any person, firm, corporation or organization.