MINOR WAIVER

ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY

For children under the Age of Majority in the Province or Territory in which the Dance Activities are provided by the Organization

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WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. READ IT CAREFULLY!

Every Parent/Guardian Must Read and Understand this Waiver Prior to the child participating in Dance Activities.

The following waiver of all claims, release from all liability, assumption of all risks, agreement not to sue and other terms of this agreement are entered into by me on behalf of the undersigned child (the “Student”) with and for the benefit of TENC DANCE CO its directors, officers, employees, volunteers, business operators, agents and site property owners or lessees (the “Organization”).

 

Ready Carefully Each Item Below and Understanding Each Item:

1. I am the Parent/Guardian of the Student and am executing this waiver on behalf of the Student in my capacity as Parent/Guardian and with the intent that this waiver be binding on myself and the Student for all purposes.
    

2. “Dance Activities” includes but is not limited to contact and non-contact fitness activities, lessons, classes, training, use of facilities, programs and services provided to the Student by the Organization.
    

3. I am aware that there are inherent and significant dangers, hazards and risks (“Risks”) associated with the participation in Dance Activities. I understand that the Risks are relative to the Students state of fitness or health (physical, mental and emotional), and to the awareness, care and skill with which the student conducts him or herself while participating in Dance Activities.
    

4. I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or loss resulting from the Student participation in Dance Activities. I agree that although the Organization has taken steps to reduce the Risks and increase the safety of the Dance Activities, it is not possible for the Organization to make the Dance Activities completely safe. I accept these Risks and agree to the terms of this waiver even if the Organization is found to be negligent or in breach of any duty of care or any obligation to the Student in the Student’s participation in Dance Activities.
    

5. I acknowledge the Student’s obligation to inform the nearest employee of the Organization if the Student feels any pain, discomfort, fatigue or any other symptoms the Student may suffer during or immediately after his or her participation in Dance Activities. I understand that the Student may stop participating at any time, and has the right to immediately withdraw from any exercise or drill in which the conduct of any party seems beyond the scope of training, makes the Student uncomfortable or which the Student believes will be harmful to him or her.
    

6. In addition to consideration given to the Organization for the Student’s participation in Dance Activities, I and my heirs, next of kin, executors, administrators and assigns, as well as the Student’s heirs, next of kin, executors, administrators and assigns (collectively our “Legal Representatives”) agree:

   1. to waive all claims that I, the Student or our Legal Representatives have or may have in the future against the Organization; and

   2. to release and forever discharge the Organization from all liability for all personal injury, death, property damage or loss resulting from the Student’s participation in Dance Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error in judgment of the Organization.
       

7. I irrevocably and unconditionally grant to the Organization all rights associated with the Student's performance(s) during the classes and events, or their participation in the classes or events, whether as a spectator or otherwise (the “Participation”) including, without limitation, the sole and exclusive rights to:
   a. film, videotape or otherwise record the Participation (the “Recording”);
   b. edit, copy, add to, take from, adapt and translate the Recording as the Organization determines in its sole and unfettered discretion and to permit others to do so;
   c. communicate to the public, broadcast, distribute and otherwise exhibit all or part of the Participation and/or the Recording, including, without limitation, on social media and websites associated with the Organization.
   d. advertise and sponsor with respect to the Participation and/or the Recording; and
   e. publicize and promote, the Participation and /or the Recording and any portion thereof, and to use and reproduce the Student's name, image, likeness, voice, visual and/or sound recordings and biographical information for such purposes.​
    

8. I agree to be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs demands including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with the Student’s participation in Dance Activities.
    

9. I agree that this waiver and all terms contained within are governed by the laws of the Province or Territory in which the Student is participating in Dance Activities. I hereby irrevocably submit to the jurisdiction of the courts of that Province or Territory.
    

10. I confirm that I have had sufficient time to read and understand each term in this waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this waiver is binding on myself, the Student and our Legal Representatives.