IN CONSIDERATION for being permitted to attend classes at Nevada City Ballet Academy (hereby referred to as "NCBA") the undersigned, on behalf of himself or herself and such participating children, heirs, and next of kin (hereinafter referred to as 'the undersigned") hereby acknowledges, agrees and represents that he or she has inspected and carefully considered such premises, equipment and facilities and that the undersigned finds and accepts same as being safe and reasonably suited for the use or participation by the undersigned and such participating children.
The undersigned has voluntarily chosen to participate/have their child participate in the dance training offered at Nevada City Ballet Academy and acknowledge that they are under no obligation to continue such dance training. The undersigned is fully aware that dance training and related activities carry certain risks that can result in injury, both minor and major. By participating in dance classes and activities at NCBA, the undersigned agrees to take full responsibility for not exceeding their physical limits, for selecting the appropriate level class and for any injury they may suffer.
Furthermore, the undersigned is in agreement that that NCBA instructors have the right to require participants to attend another level class if they believe the individual could cause harm to themselves or others participating in activities above their capabilities. The undersigned also agrees and understands that instructors may provide physical adjustments during class and that this is an integral part of proper dance training.
In addition, the undersigned acknowledges that novel coronavirus (COVID-19) infections have been confirmed throughout the United States, including several cases in California. The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall attend classes at NCBA if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify NCBA immediately if he or she believes that any of the foregoing access/use restrictions may apply.
NCBA has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The undersigned acknowledges and agrees that NCBA may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with NCBA's revised procedures prior to utilizing the facilities and services of NCBA. The undersigned further acknowledges and agrees that, due to the nature of the facilities and services offered by NCBA, social distancing of 6 feet per person among students and their instructor during class is not possible. The undersigned fully understands and appreciates both the known and potential dangers of utilizing the facilities, services, and programs of NCBA and that use thereof by the undersigned and/or such participating children may, despite NCBA's reasonable efforts to mitigate such dangers, result in exposure to COVID- 19, which could result in quarantine requirements, serious illness, disability, and/or death.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ATTEND CLASSES AT NCBA FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, OBSERVATION OR USE OF FACILITIES OR PARTICIPATION IN ANY ON-SITE OR OFF-SITE PROGRAM AFFILIATED WITH NCBA, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED, ON BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHLDREN, RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE NCBA, its directors, officers, employees, volunteers and agents from all liability to the undersigned or such participating children and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating children for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of, the undersigned or such participating children (or any person who may contract CO VID- 19, directly or indirectly, from the undersigned or such participating children) whether caused by the negligence, active or passive, of NCBA or otherwise while the undersigned or such participating children are in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with NCBA. The undersigned expressly and knowingly waives all rights under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS NCBA, its directors, officers, employees, volunteers and agents , and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, or otherwise while the undersigned or any participating child is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with NCBA. The undersigned understands and agrees that NCBA is not required to provide insurance to cover the undersigned or such participating children in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with NCBA.
The undersigned agrees and acknowledges that use of NCBA facilities and services, and participation in NCBA programs, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating children due to negligence, active or passive, or otherwise while in, about or upon the premises of NCBA and/or while using the premises or any facilities or equipment thereon or participating in any programs affiliated with NCBA. The undersigned acknowledges that any illness or injuries that the undersigned or such participating children contract or sustain may be compounded by negligent first aid or emergency response of NCBA and waive any claim in respect thereof.
THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as its permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the remainder of the agreement shall, notwithstanding, continue in full legal force and effect.
I have read the foregoing liability waiver, fully understand its terms, and understand that I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. 1 AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM NCBA IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY NCBA FACILITY OR PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDENNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF A MINOR, I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND 1 REPRESENT AND WARRANT TO NCBA THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(s).
I have read and understand the terms of this Assumption of Risk, Release and Date Waiver of Liability, and Indemnity Agreement and agree to its terms.