Liability Waiver and Release (Including COVID-19)

MINOR CHILD

 

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Notice to the Minor Child’s

Natural 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 the movement dance foundation (as defined below) uses reasonable care in providing this activity, there is a chance your child may be seriously injured or killed 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 the movement 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 the movement has the right to refuse to let your child participate if you do not sign this form.

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I, on behalf of myself and my minor child(ren), unconditionally waive and release, in advance, any claim or cause of action against The Movement Dance Foundation, its owners, officers, agents, employees, instructors, parent, subsidiaries, affiliates, volunteers, or others acting on its behalf (hereinafter “The Movement”) to the fullest extent allowed by law. I understand that there are risks associated with, arising out of, and inherent to the dance classes, performances, activities, and the like provided through The Movement including, but not limited to, illness, injury, and death. 

 

In addition, 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 from person-to-person contact and/or by contact with contaminated surfaces and objects and/or in the air and may result in risks including, but not limited to, illness, injury, and death. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing, wearing a face mask and have, in many locations, restricted the congregation of groups of people. 

 

The Movement has the below preventative measures to reduce the spread of COVID-19; however, The Movement cannot prevent you and/or your minor child(ren) from becoming exposed to, becoming infected with, or spreading COVID-19. Further, attending The Movement classes, performances, events, or activities could increase your and/or your minor child(ren)’s risk of contracting or spreading COVID-19. 

 

By completing this registration for The Movement’s class, performance, activity, or the like, you agree that you or your child(ren) will not participate in any classes, performances, events, activities, or otherwise, hosted by The Movement, if you and/or your child(ren) are awaiting a COVID-19 test result, are under COVID-19 related quarantine, or show any symptoms of COVID-19 including, but not limited to, the below, unless you and/or your child(ren) are in conformity with current Centers for Disease Control and Prevention (CDC) guidelines and those of the local health agency or other applicable local governmental body.

• Fever or chills

• Cough

• Shortness of breath or difficulty breathing

• Fatigue

• Muscle or body aches

• Headache

• New loss of taste or smell

• Sore throat

• Congestion or runny nose

• Nausea or vomiting

• Diarrhea

In recognition of the above acknowledged risks, I knowingly and voluntarily waive all rights, claims, and/or causes of action of any kind (including claims of negligence and claims related to COVID-19), including those that I or my child(ren) have ever had, now have, or may have in the future, arising as a result of or in connection with such activity from which liability could accrue to The Movement, including, but not limited to, liability for any wrongful death, loss, damage, or injury to person or property. I represent that my child(ren) is/are physically fit to participate or attend the dance classes, performances, and activities provided through The Movement.

 

I also give The Movement permission to use, reuse, edit, (re)publish, and the like, any photo/video or my/my child(ren)’s likeness in a photograph or any other medium for any lawful purpose, including, but not limited to, in or on any form of advertisement, publication, or the like, on behalf of The Movement or at a The Movement affiliated event, without payment or any other consideration and without subject to approval or review of such medium. I release The Movement from all liability which may arise in connection with any such photograph or other medium. I agree to notify The Movement in writing if such pictures cannot be publicly displayed for any reason.

 

I understand that I must remain on the premises for the duration of any class, performance, activity, or the like, provided through The Movement for my child(ren) aged 15 and under. The child(ren) participant(s) for whom I am registering have my permission to participate or attend in all The Movement’s classes, performances, activities, and the like. 

 

I acknowledge and agree that this agreement cannot be altered unless in writing and signed by me and The Movement. I acknowledge I have agreed to the clause entitled “Governing Law and Dispute Resolution” in The Movement’s Terms of Use. If this section is found to be illegal or unenforceable by a court of competent jurisdiction, then I agree, and on behalf of my child(ren) agree, that any dispute arising out of or relating to this agreement will be resolved exclusively in a state or federal court located in Florida, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial. I agree that this agreement shall be governed and interpreted in accordance with the laws of the State of Florida, excluding its conflict of laws principles, and that if any portion is held invalid the balance shall continue in full force and effect.

 

I HAVE READ THIS LIABILITY WAIVER AND RELEASE AND BY COMPLETING THE REGISTRATION FOR THE MOVEMENT’S CLASS, PERFORMANCE, ACTIVITY, OR THE LIKE, I INTEND TO SIGN THIS DOCUMENT HAVING AGREED TO CONDUCT THIS TRANSACTION BY ELECTRONIC MEANS, AND HEREBY AGREE TO RELEASE, HOLD HARMLESS, AND INDEMNIFY THE MOVEMENT FOR ALL LIABILITY FOR CLAIMS THAT I OR MY CHILD(REN) HAVE EVER HAD, NOW HAVE, OR MAY HAVE IN THE FUTURE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR PERSONAL OR BODILY INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR CONCERNING COVID-19, OR ANY OTHER CAUSE OF ACTION, AND HEREBY ACKNOWLEDGE THAT I KNOWINGLY AND VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ALL RISKS ARISING OUT OF PARTICIPATION OR ATTENDANCE IN DANCE CLASSES, PERFORMANCES, AND ACTIVITIES THROUGH THE MOVEMENT ON BEHALF OF MYSELF, THE LEGAL GUARDIAN, AND THE CHILD(REN) PARTICIPANT(S). 

 

I warrant the information is complete and correct, that I am at least eighteen (18) years old, and that I do have the authority to act and speak on behalf of the child(ren) participant(s) I enroll in classes at The Movement. I have agreed to this document voluntarily and of my own free will.