Release of Liability Waiver
Read Carefully - This Affects Your Legal Rights
In exchange for participation in the activity of dance & movement classes, workshops, training sessions, private lessons and all other activities and events hosted by Rise Performing Arts Center (Rise Performing Arts LLC) organized by Rise Performing Arts LLC, of 1140 Riverside Drive, Los Altos, California, 94024 and/or use of the property, facilities, and services of Rise Performing Arts LLC, I agree for myself and for the members of my family, to the following:
1. Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Rise Performing Arts LLC, or the employees, representatives, or agents of Rise Performing Arts LLC.
2. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Rise Performing Arts LLC for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Rise Performing Arts LLC, whether caused by the fault of myself, my family, Rise Performing Arts LLC or other third parties.
3. Indemnification. I agree to indemnify and defend Rise Performing Arts LLC against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Rise Performing Arts LLC.
4. Fees. I agree to pay for all damages to the facilities of Rise Performing Arts LLC caused by any negligent, reckless, or willful actions by me or my family.
5. Consent. By signing this document, I consent to the participation of myself and/or my child(ren) in the activity of dance & movement classes, workshops, training sessions, private lessons and all other activities and events hosted by Rise Performing Arts Center (Rise Performing Arts LLC), and agree on behalf of my participating child(ren) to all of the terms and conditions of this agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of my participating child(ren).
6. Medical Authorization. In the event of an injury to the above minor during the above-described activities, I give my permission to Rise Performing Arts LLC or to the employees, representatives, or agents of Rise Performing Arts LLC to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the date this document is signed and will remain in effect until terminated in writing by the undersigned or when the above-described activities are completed. Rise Performing Arts LLC shall have the following powers:
a. The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and /or a hospital;
b. The power to authorize medical treatment or medical procedures in an emergency situation; and
c. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
7. For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant Rise Performing Arts LLC permission to use my likeness and my child's likeness in a photograph in any and all of its publications, including but not limited to all of Rise Performing Arts LLC's printed and digital publications. I understand and agree that any photograph using my likeness will become property of Rise Performing Arts LLC and will not be returned. I acknowledge that since my participation with Rise Performing Arts LLC is voluntary, I will receive no financial compensation.
8. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
9. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Rise Performing Arts LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.
10. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this agreement, as well as any other statute or common law principles of similar effect.
11. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY DIGITALLY SIGNING AND SUBMITTING THIS RELEASE OF LIABILITY WAIVER, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.