WAIVER AND RELEASE OF LIABILITY

PLEASE READ this document in its entirety—it affects your legal rights.  By entering DANCEWISE INTERNATIONAL, LLC’s premises AND/OR participating in activities, you acknowledge your agreement with the terms of this WAIVER AND RELEASE OF LIABILITY.  Upon request, we will provide you with a copy of this WAIVER AND RELEASE OF LIABILITY for your personal records.

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In consideration of the risk of personal injury while participating in dance, dance-instruction, and any other dance-related activity (whether joining online classes or in-person) (individually and collectively referred to as the “Activity”), and as consideration for the right to participate in the Activity, 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 Activity, and I do hereby release and forever discharge DANCEWISE INTERNATIONAL, LLC (main location at 5555 N. 7th Street, Phoenix, Arizona 85014), its affiliates, managers, members, agents, independent contractors, attorneys, staff, volunteers, customers, on-site vendors, subtenants, heirs, representatives, predecessors, successors and assigns (collectively, “the Released Parties”), for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, and for any property damage that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.  In the event that any child, ward, or other person for whom I stand in loco parentis participates in the Activity, I consent to this Waiver and Release of Liability on behalf of such person.

 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THE ACTIVITY, 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, DEATH AND PROPERTY DAMAGE. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE (INCLUDING WITHOUT LIMITATION, THE NEGLIENCE OF THE RELEASED PARTIES’ THEMSELVES), CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

 

I agree to indemnify and hold harmless the Released Parties 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, without limitation, 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 any of the Released Parties incurs any of these types of expenses, I agree to reimburse them.

 

I acknowledge that the Released Parties are not and shall not be responsible for errors, omissions, acts or failures to act of any person or entity conducting any event or Activity in connection with DANCEWISE INTERNATIONAL, LLC.

 

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE RELEASED PARTIES 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 ANY OF THEM FOR PERSONAL INJURY OR PROPERTY DAMAGE.

 

In the event that any damage to equipment or 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 such actions of willful, negligent or reckless conduct.

 

This WAIVER AND RELEASE OF LIABILITY was entered into at arm’s-length, without duress or coercion, and it is to be interpreted as an agreement between two parties of equal bargaining strength. Both DANCEWISE INTERNATIONAL, LLC, and I agree that this WAIVER AND RELEASE OF LIABILITY is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain its terms, 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 WAIVER AND RELEASE OF LIABILITY shall be deemed to be invalid, or if any term, condition, phrase or portion hereof shall be determined to be unlawful or otherwise unenforceable, the remainder 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 WAIVER AND RELEASE OF LIABILITY 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.

 

Coronavirus/COVID-19

 

As a particular illustration of the application of this WAIVER AND RELEASE OF LIABILITY (and not by way of limitation), I acknowledge and agree that it extends to COVID-19.  The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mostly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

 

Although DANCEWISE INTERNATIONAL, LLC, has put in place preventative measures to reduce the likelihood of spread of COVID-19, I recognize and agree that DANCEWISE INTERNATIONAL, LLC, cannot guarantee that I or my child(ren) will not contract COVID-19. Further, I acknowledge that engaging in any Activity at DANCEWISE INTERNATIONAL, LLC, could increase my risk and my child(ren)’s risk of contracting COVID-19.  By participating in any Activity at DANCEWISE INTERNATIONAL, LLC, I specifically acknowledge the risk of contracting COVID-19 and participate entirely at my own risk.