Dance Waiver / Release Of Liability
For and in consideration of Ami G. Vaidya permitting the participant to enroll and participate in dance training classes, participant and participant’s legal guardian by accepting these terms and conditions, hereby voluntarily indemnifies, releases from liability, and holds harmless Ami G. Vaidya and the facility for any accident, injury, illness, death, loss, damage to person or property or other consequences suffered by participant or any other person arising or resulting directly or indirectly from participant’s participation in the dance classes. In the event that the participant is injured, participant agrees to assume any and all financial obligation, either through participant’s personal health insurance, or through some other means, for any medical costs which participant incurs. Ami G. Vaidya assumes no responsibility for any medical expenses, injury, or damage suffered by participant in connection with the use of any facilities or services in connection with the activity.
IT IS THE INTENTION OF PARTICIPANT AND PARTICIPANT’S LEGAL GUARDIAN BY ACCEPTING THESE TERMS AND CONDITIONS, TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE UPON HIM/HERSELF, TO THE EXCLUSION OF AMI G. VAIDYA, AND TO EXEMPT AND RELIEVE AMI G. VAIDYA FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH.
Participant and participant’s legal guardian further agree that participant, his/her spouse, assignees, heirs, guardians, and legal representatives will not make any claim against, sue, or attach Ami G. Vaidya for any loss or damage resulting from participant’s participation in the activity.
PARTICIPANT AND PARTICIPANT’S LEGAL GUARDIAN ARE AWARE THAT HE OR SHE WILL BE ENGAGING IN A RANGE OF ACTIVITIES INCLUDING BUT NOT LIMITED TO JUMPING, LEAPING, STRETCHING, TURNING, AND LIFTING. PARTICIPANT IS AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN FITNESS/ DANCE ACTIVITIES THAT INCLUDE BUT ARE NOT LIMITED TO STRAINS, SPRAINS, TEARS, AND BROKEN BONES.
PARTICIPANT AND PARTICIPANT’S LEGAL GUARDIAN AGREE THAT THIS IS A RELEASE OF LIABILITY, A WAIVER OF THE PARTICIPANT’S LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH, OR PROPERTY DAMAGE AND A CONTRACT BETWEEN PARTICIPANT AND/OR PARTICIPANT’S LEGAL GUARDIAN AND AMI G. VAIDYA, AND PARTICIPANT AND/OR PARTICIPANT’S LEGAL GUARDIAN ACCEPTS THESE TERMS AND CONDITIONS OF HIS OR HER OWN FREE WILL.
Participant and participant’s legal guardian grant permission to Ami G. Vaidya and Kaavya Performing Arts, LLC and its agents or employees, to use photographs of participant in company/studio publications including brochures, newspapers and the Kaavya Performing Arts, LLC website www.kaavyaperformingarts.com. Participant and participant’s legal guardian grant Ami G. Vaidya and Kaavya Performing Arts, LLC the unrestricted right to use and publish photographs or video footage taken of participant while participating in dance class or performances. Participant and participant’s legal guardian waive any right to royalties or other compensation arising from the use of photographs or video footage. Participant and participant’s legal guardian agree to release and hold Ami G. Vaidya and Kaavya Performing Arts, LLC and its agents or employees from any claims arising from the related use of the photographs or video footage. Participant and participant’s legal guardian acknowledge that by accepting these terms and conditions, participant and participant’s legal guardian give Ami G. Vaidya and Kaavya Performing Arts, LLC full copyright and authority to publish photography and video footage.
COVID-19 SAFETY ACKNOWLEDGEMENT — LIABILITY WAIVER AND RELEASE OF CLAIMS
COVID-19 SAFETY INFORMATION: While participating in events held or sponsored by KAAVYA PERFORMING ARTS, LLC “social distancing” must be practiced and face coverings worn at all times when social distancing is not possible to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, KAAVYA PERFORMING ARTS, LLC has put in place preventative measures to reduce the spread of COVID-19. However, KAAVYA PERFORMING ARTS, LLC cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in KAAVYA PERFORMING ARTS, LLC events and/or other face to face activities. By attending a KAAVYA PERFORMING ARTS, LLC event, you certify that you do not fall into any of the following categories:
- Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others.
- Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19.
- Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
DUTY TO SELF-MONITOR: Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact KAAVYA PERFORMING ARTS, LLC if he/she experiences symptoms of COVID-19 within 14 days after participating or volunteering with KAAVYA PERFORMING ARTS, LLC.
LIABILITY WAIVER AND RELEASE OF CLAIMS: I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with KAAVYA PERFORMING ARTS, LLC and I willingly engage in KAAVYA PERFORMING ARTS LLC events, classes and/or other fundraising activities (the “Activity”).
RELEASE AND WAIVER: I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST KAAVYA PERFORMING ARTS, LLC AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK: I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; 2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and 3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE: I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention.
I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any KAAVYA PERFORMING ARTS, LLC studio event, class or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) the KAAVYA PERFORMING ARTS, LLC (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”).
BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.