Liability Release & Assumption of Risk
ASSUMPTION OF RISK & RELEASE OF LIABILITY
I understand and acknowledge that there is a risk of injury inherent in dance activities, both in-person and virtually, and that personal injury or damage to property may result during participation in dance classes, camps, and related activities. I represent that my child is physically able to safely participate in camps, dance, and related activities both in-person and/or virtually. I agree to assume all risks associated with my child's participation in summer camp, regular dance instruction, rehearsal, performance, and related activities. In consideration, of attending and participating in all the activities included in enrollment at Monroe Dance Academy, I hereby waive, release, and discharge all present and future claims and liabilities of any kind, whether for bodily injury, property damage, or other loss, arising out of my child's participation in the camp, dance and related activities. This is also including but not limited to camp activities, dance instruction, rehearsals, and performances, whether conducted on or off Monroe Dance Academy premises in-person or virtual. I also acknowledge that I am responsible for delivering my child to the studio and picking her/him up and that the studio is not responsible for a child that leaves the premises. I also have read and understood the refund/cancellation policy.
Unconditional & Full General Release of Liability
WAIVER, DISCHARGE, AND COVENANT NOT TO SUE
IN ORDER FOR A CHILD OR CHILDREN TO PARTICIPATE IN ONE OR MORE DANCE PROGRAMS, WORKSHOPS, CAMPS OR OTHER ACTIVITIES TO BE CONDUCTED BY MONROE DANCE ACADEMY ("MDA") AT 838 MAIN ST MONROE, CT 06468 (THE "PREMISES"), HIS, HER OR THEIR PARENT OR GUARDIAN MUST AGREE TO, AND BY SIGNING THIS UNCONDITIONAL AND FULL GENERAL RELEASE OF LIABILITY, WAIVER, DISCHARGE, AND COVENANT NOT SUE (THE "RELEASE"), DOES HEREBY AGREE TO THE FOLLOWING:
In consideration of allowing my child or children to participate in the one or more dance programs, workshops, camps or other activities ("Program(s)") to be held at the Premises, for and on behalf of myself and my participating child or children (each, a "Participant"), I hereby knowingly and voluntarily accept sole and exclusive responsibility for, and assume the full risk, costs and expenses associated with, any injuries or illnesses, regardless of severity, that my Participant(s) may sustain and all damage to or loss of property that may occur as a result of his, her or their participation in the Programs or his, her or their entry upon the Premises.
I FULLY RECOGNIZE THAT THERE ARE DANGERS AND RISKS TO WHICH MY PARTICIPANT(S) MAY BE EXPOSED BY ENTERING THE PREMISES OR PARTICIPATING IN A PROGRAM INCLUDING, WITHOUT LIMITATION, INJURY OR DEATH, CONTRACTING OF COVID-19, AND DAMAGE TO OR LOSS OF PROPERTY. IN NO EVENT SHALL MDA, OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, STAFF, AGENTS OR REPRESENTATIVES (THE "RELEASEES") BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH OR ARISING OUT OF MY ENTERING THE PREMISES, OR MY PARTICIPANT(S)' ENTERING THE PREMISES OR PARTICIPATING IN A PROGRAM.
I understand that MDA is permitting my Participants and me to enter the Premises and to participate in Programs despite the ongoing spread of COVID-19, commonly known as "the Coronavirus." Despite efforts to prevent its spread, Participants might contract this virus at the Premises. Permission for my Participants and me to enter the Premises and participate in Programs is not to be relied upon as determination that it is safe or advisable even if done in accordance with Federal, state or local laws, regulations or guidelines. I acknowledge and agree that all persons who enter the Premises, including my Participant(s) and me, and participate in Programs do so at their own risk and peril. Neither MDA nor any of the Releasees shall have any liability under any theory of liability for permitting my Participant(s) and me to enter the Premises and participate in Programs. I therefore agree to assume and take on all the risks and responsibilities in any way associated with my Participant(s) or my entry onto the Premises or participating in Programs.
IN CONSIDERATION OF THE OPPORTUNITY TO ENTER THE PREMISES AND PARTICIPATE IN PROGRAMS, I, FOR MYSELF AND ON BEHALF OF MY PARTICIPANT(S), HEREBY RELEASE EACH OF THE RELEASEES FROM ANY AND ALL DEBTS, OBLIGATIONS, RECKONINGS, PROMISES, COVENANTS, AGREEMENTS, CONTRACTS, ENDORSEMENTS, BONDS, SPECIALTIES, CONTROVERSIES, SUITS, ACTIONS, CAUSES OF ACTIONS, TRESPASSES, VARIANCES, JUDGMENTS, EXTENTS, EXECUTIONS, DAMAGES, CLAIMS OR DEMANDS, INDEMNIFICATION AND/OR CONTRIBUTION WITH RESPECT TO THIRD PARTY CLAIMS, IN LAW OR IN EQUITY (EACH, A "CLAIM") THAT MAY ARISE FROM INJURY, ILLNESS OR HARM TO ME OR MY PARTICIPANT(S), INCLUDING DEATH, OR FROM DAMAGE TO OR LOSS OF MY PROPERTY OR PROPERTY OF MY PARTICIPANT(S). I UNDERSTAND THAT THIS RELEASE ALSO COVERS LIABILITY, CLAIMS, AND ACTIONS CAUSED ENTIRELY OR IN PART BY ONE OR MORE RELEASEES ACT OR FAILURE TO ACT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, MISTAKE, OR FAILURE TO ENFORCE, SUPERVISE, OR MAINTAIN.
I represent and warrant to MDA, as of the date hereof, that (i) there are no health-related reasons or problems which preclude or restrict or otherwise advise against my Participant(s)' or my entry upon the Premises or participation in Programs, and (ii) I have adequate health, property, and liability insurance necessary to provide for and pay any medical costs or property damage that may directly or indirectly result from my Participant(s)' or my entry upon the Premises and participation in Programs and I will indemnify and hold each of the Releasees harmless from and against for any such medical costs or property damage.
I understand that this Release means I am giving up, among other things, all rights I may otherwise have to sue one or more of the Releasees for illnesses, injuries (including death), damages, or losses my Participant(s) or I may incur. I hereby forever covenant with each Releasee not to sue, assert any Claim against, or otherwise seek any recovery against any Releasee with respect to any released Claim described above, whether in tort, fraud, contract or otherwise.
I shall be liable for all attorney fees, court costs, and all other costs incurred by one or more the Releasees in enforcing or defending any such Claim or any portion of this Release.
I have carefully read the foregoing terms and conditions and understand them fully. I am aware that this Release is a binding contract, which provides a comprehensive release of liability.