In consideration of myself or my minor child being permitted to participate in any dance program, class, performance, or anything relating or pertaining to Mobile Dance Fit fitness and health coaching services (collectively, the “Event”), I hereby attest that, after reading this Event Participation Waiver completely and carefully, I acknowledge that participation in the Event by myself or my child is entirely voluntary, and that I understand and agree as follows:
RELEASE AND INDEMNITY: In consideration of the acceptance of myself or my child to participate in the Event, I agree, on behalf of my child and myself, to assume the risks incidental to such participation (risks may include, among others, muscle injuries and broken bones), and on behalf of myself, my child, and my and my child’s or ward’s heirs, executors and administrators, hereby waive, release, covenant not to sue, and forever discharge the Releasees defined below of and from all liabilities, claims, actions and causes of action, damages, costs and/or expenses of any nature including, but not limited to, attorney’s fees and costs arising out of or in any way connected with the participation of my child or ward in such activity. I further agree to indemnify and hold each of the Releasees harmless against any and all such liabilities, claims, actions and causes of action, damages, costs or expenses, including, but not limited to, attorney’s fees and costs. I understand that this waiver and release and indemnity agreement includes any claims based on the negligence, action or inaction of any of the above Releases and covers bodily injury (including death) and property damage, whether suffered by myself, my child or ward before, during or after such participation. The Releasees are: Mobile Dance Fit representatives and independent contractors, successors and assigns of each of the foregoing.
PHYSICAL CONDITION/MEDICAL AUTHORIZATION: I hereby certify that myself and or child or ward is physically fit for participation in the Event and has the skill level required in conjunction with the Event, and I have not been advised otherwise. I further authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act on my child’s or ward’s behalf, at my cost; however, I acknowledge that Releases shall have no duty, obligation, or liability arising out of the provision of, or failure to provide, medical treatment.
EQUIPMENT AND FACILITIES INSPECTION: I agree that before my child or ward participates in any activity conducted in conjunction with the Event, I understand that I have the right to inspect the facility and should I, my child or ward, observe any unsafe conditions will be immediately attended to. I understand that I have the right to refuse to let my child or ward participate in the Event until all unsafe conditions observed by me, or my child or ward, have been remedied.
PUBLICITY RIGHTS: Photographs and video supplied by parents or representatives of Mobile Dance Fit may be used in Mobile Dance Fit brochures and on the Mobile Dance website. There will be no monetary compensation for any image or video used by Mobile Dance Fit. Mobile Dance Fit agrees not to mention the child's name, or the program location. If you object to any image of yourself or child that appears on any Mobile Dance Fit website or social media platform, please contact us and we will be happy to remove them.
NOTICE TO THE MINOR CHILD’S PARENT OR LEGAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
PAYMENT/ CANCELLATION /REFUND/POLICY: Payments are due by at the start of the session. Late payments may be subject to a fee. No refunds will be given for being absent or missed appointments. You may cancel or withdraw from the program at anytime with a two week written notice. Moble Dance Fit reserves the right to end the program at any date with reasonable notice. Refunds would be given and prorated for any classes not given. Class will be cancelled if less than eight students register.
ASSUMPTION OF RISKS REGARDING COVID-19. I understand that while Mobile Dance Fit has undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the "Event," Mobiule Dance Fit is not responsible in any manner for any risks related to COVID-19 in connection with the Event. I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that participation in the Event carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, I represent and warrant that I do not suffer from any medical condition or disease that might in any way hinder or prevent me from receiving the Services, including, to my knowledge, COVID-19. This COVID-19 Assumption of Risk, Release, and Waiver of Liability Agreement (“Agreement”) shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Agreement contains the entire understanding of the parties relating to the subject matter, and shall not be altered, modified, amended, waived or supplemented in any manner whatsoever except by a written agreement signed by both parties hereto or their duly authorized representatives. This Agreement may be executed, made and delivered electronically. To the maximum extent permitted by applicable law, I (a) covenant and agree not to elect a trial by jury with respect to any issue arising out of this Agreement or the Services that is triable of right by a jury, and (b) waive any right to trial by jury with respect to such issue to the extent that any such right exists now or in the future. This waiver of right to trial by jury is given knowingly
This Agreement shall be binding upon me, my child or ward, and my and my child’s or ward’s heirs, executors and administrators, and assigns. I certify I am 18 years of age or older and that I am entering into this Agreement as the Parent or Legal Guardian for a minor that is under 18 years of age
ELECTRONIC SIGNATURE AGREEMENT: By selecting the "I Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting "I Accept" you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and (Mobile Dance Fit and its affiliates). You also represent that you are authorized to enter into this Agreement.