WAIVERS & RELEASES
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury associated with, arising out of, and inherent to the activity of dance (the “Program”), and as consideration for the privilege to participate in the Program, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Program, and do hereby release and forever discharge Live to Dance • Dance to Live (a 3Wong.com division), its officers, agents, employees, staff, volunteers, instructors, managers, members, heirs, representatives, predecessors, successors and assigns, subsidiaries, sponsors, parent corporations, partner dance studio, and all affiliated entities (hereinafter collectively referred to as Live to Dance • Dance to Live), for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Program, including traveling to and from an event related to the Program.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED PROGRAM AND I AM PARTICIPATING IN THE PROGRAM ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THE PROGRAM, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE PROGRAM LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THE PROGRAM, INCLUDING TRAVEL TO, FROM AND DURING THE PROGRAM.
I agree to indemnify and hold harmless Live to Dance • Dance to Live against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Live to Dance • Dance to Live incurs any of these types of expenses, I agree to reimburse Live to Dance • Dance to Live.
I acknowledge that Live to Dance • Dance to Live is not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Live to Dance • Dance to Live.
I acknowledge that the Program may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic, and actions of others, including but not limited to, participants, volunteers, spectators, instructors, event officials, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE LIVE TO DANCE • DANCE TO LIVE, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST LIVE TO DANCE • DANCE TO LIVE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
I warrant that I am in good health and have no physical conditions that would prevent me from participating in the Program.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment of facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
PHOTO, VIDEO, SOCIAL MEDIA RELEASE
I hereby irrevocably consent to and authorize the reproduction, publication, and/or any other use by Live to Dance • Dance to Live and grant permission to the rights of my image, likeness, and sound of my voice as recorded on audio and/or video without payment or any other consideration. I understand that my image may be edited, altered, copied, exhibited, published, and/or distributed, and I waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising from or related to the use of my image or recording. I also understand that this material may be used for any lawful purpose, including but not limited to illustration, newsletters, flyers, posters, brochures, promotions, advertisements, fundraising letters, annual reports, marketing, press kits and submissions to journalists, education, websites, social networking sites, streams, television, and other print and digital communications.
By signing this release, I understand that this signifies that photographic or video recordings of myself may be electronically displayed via the Internet or in the public setting.
There is no time limit on the validity of this release, nor is there any geographic limitation on where these materials may be distributed.
This release extends to all languages, media, formats and markets now known or hereafter devised.
This release applies to photographic, audio, and/or video recordings collected as part of my classes, rehearsals, and/or performances in relation to Live to Dance • Dance to Live.
This agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Recipient and Live to Dance • Dance to Live agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this agreement shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the undersigned Recipient, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this agreement cannot be modified orally. I am aware that it contains terms and conditions, a waiver and release of liability, a photo, video, social media waiver, and a contract, and that I am signing it of my own free will.
PARENT / LEGAL GUARDIAN WAIVER FOR MINORS
In the even that the Recipient is under the age of consent (18 years of age), then this release must also be signed by a parent or legal guardian, as follows:
I hereby certify that I am the parent or legal guardian of and do hereby give my consent without reservation to the foregoing on behalf of this individual.