Release of Liability and Hold Harmless Agreement
I, the undersigned, on behalf of myself, and/or on behalf of any minor children indicated below of whom I represent that I am the parent and/or legal guardian (each and all hereinafter referred to as "minor child"), am of lawful age and agree to assume the sole and exclusive risk associated with my or minor child's voluntary participation hereinafter in all activities sponsored or organized by, or any activity related to the operations of, En Pointe, Inc. ("Studio"). I understand that Studio will organize and conduct activities that include, by way of example and not limitation, dance and other musical performances, exhibitions, exercises, dance training, physical fitness training, and other dance- and fitness-related activities, as well as activities related to stage production and construction (individually and collectively, the "Activities"), whether such Activities are performed on Studio property or elsewhere, that include physical movements or positions that may be strenuous, difficult, inherently dangerous and present unavoidable risk of personal injury, death, loss and/or property damage that cannot be reasonably mitigated without compromising the unique character or purpose of the Activities. I agree that I and/or minor child will not participate in any Activities unless I and/or minor child is medically and physically able to do so, and it is my sole responsibility to determine if I and/or minor child are medically and physically able to participate in Activities. If I and/or minor child am not comfortable with participation in any Activities, or utilize any equipment, apparatus or other Studio property, I and/or minor child will refrain from participating in the Activities, or utilizing the property.
Further, I agree to hold harmless and indemnify Studio and its successors and assigns from any and all liabilities, losses, claims, judgments, suits, fines, penalties, demands or expenses, including but not limited to all reasonable costs for defense and investigation thereof (including but not limited to attorney's fees, court costs and expert fees) claimed by anyone by reason of injury or damage to persons or property sustained on account of or in relation to participation in the Activities or utilization of Studio's facilities or other property, without regard to whether such injury or damage is the proximate result of the acts or omissions of Studio, its agents, successors and assigns, regardless of whether those acts and/or omissions constitute negligence of any variety, including gross or willful.
In the event that any covenant, provision and/or restriction contained in this Release of Liability and Hold Harmless Agreement (the "Agreement") is found by a court of competent jurisdiction to be unenforceable, such provision shall be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced as if such provision was not included.
The validity, construction and enforcement of this Agreement shall be governed and construed in accordance with the laws of the State of Indiana, without giving effect to any form of conflict of law provisions thereof. The State courts located in Indiana shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.
In signing this release, I acknowledge and represent that I have read the foregoing Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements apart from the foregoing 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 the same.
In witness whereof, the undersigned has caused this Agreement to be duly executed as of this day.
I hereby assign to En Pointe, Inc. ("Studio") the irrevocable and unrestricted right to use and publish photographs and videos of me, or the minor child(ren) for whom I am the parent or legal guardian ("Dancer"), or in which Dancer may be included, for editorial, trade, advertising, publicizing, promotional, educational, training and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright, license, or otherwise use the same without restriction. Dancer shall not be entitled to compensation in any form, and hereby releases all claim to any profits, howsoever derived, that may arise from use of images. Dancer is not entitled to receive any image or video, whether in original form or as a copy, and that providing such shall be at the sole discretion of Studio. Dancer further hereby forever releases and holds harmless Studio from any liability arising from Studio's use of any image or video in which I appear.