PARTICIPANT WAIVER

Participant Name *

First

Last

Email *guardian email if under 18* *

Address *

Address Line 1

Address Line 2

City

State

Zip Code

Are you 18 or older? *

Participants and their guardians agree to the following:

SERVICE AGREEMENT

THIS AGREEMENT is made and entered into by and between the following Parties, the Participant (the “Client”) and Annie Benz, LLC d/b/a The Body Barre (the “Company”), for the services detailed in Paragraph 1 below. Each of the aforementioned Parties hereby agrees to be bound by the following terms and conditions contained herein:

1. Scope of Services. The Scope of Services to be provided by the Company shall be as follows:

2. Term. The Company shall commence providing the Services on date of signature and shall terminate after one year. The duration of this contract may be extended by oral or written agreement between both Parties.

3. Payment. See Payment information on Class Schedule.

4. Client Obligations. The Client agrees to abide by all Operating Procedures (see “Schedule 1” attached herewith) and rules of the facility.

5. Termination. This Agreement shall be and remain in full force and effect from the date of execution unless terminated by (a) mutual agreement of both Parties; or (b) unilaterally by either party with thirty (30) days written notice. The cancellation of this Agreement shall not negate any term or condition contained herein, nor relieve either party of obligation until the effective date of termination. In accordance with Paragraph 9, hereunder, the Client shall not be entitled to a refund if Services are terminated during the course of the semester.

6. Hold Harmless. The Parties hereby agree to the terms of the Hold Harmless agreement, seen below before signatures section.

7. Intellectual Property and Copyright. All intellectual property, including but not limited to, copyrightable works, trademarks, service marks and trade secrets invented, developed, created or discovered by studio/affiliates in performance of this Agreement shall be the property of the Company. Copyright in and to any copyrightable work created as part of the Company’s provision of Services shall vest in the Company.

8. Force Majeure. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign action, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.

9. Liquidated Damages. In the event of a breach or early termination of this Agreement, the Client shall not be entitled to any refund, in whole or in part, for any amount paid as tuition under any circumstances. As the Client, or child for whom the Client is a legal guardian, has reserved a place in the Company’s classes which cannot be filled after the start of the semester, the Client hereby agrees that the Company shall be entitled to all monies paid for the semester as liquidated damages.

10. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions to this Agreement shall be in writing and executed by the authorized representatives of both parties.

11. Severability. If any term or provision of this Agreement is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect, invalidate, or render unenforceable any other term or provision of this Agreement. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated by this Agreement be consummated as originally contemplated to the greatest extent possible.

12. Choice of Law and Forum Selection. The terms contained herein shall be governed and construed in accordance with the Laws of the State of New York. Any legal action arising from, in association with, or pursuant to this Agreement shall be litigated in the courts of New York State, in the County of Warren, and shall apply New York State Law.

HOLD HARMLESS AGREEMENT

The undersigned participant or guardian thereof, hereby understands, acknowledges and agrees that Annie Benz, LLC d/b/a The Body Barre, its owners, instructors, and staff, is/are not liable for any bodily injury sustained by the participant, and/or any property damage sustained by the participant arising out of, resulting from, in whole or in part, the activities of, or the premises on which such activities are performed. All activities performed by the participant at The Body Barre are performed wholly at participant’s own risk of bodily injury or harm and/or property damage.

Participants and their guardians agree to the following:

ACRO WAIVER:

All of our Acro staff is either trained through the highly recognized Acrobatic Arts program or are seasoned gymnastics coaches with experience in spotting.

Acrobatic Arts runs training and certification courses for dance teachers in the art of AcroDance. The program is based on safe and effective progressions with proven results in five divisions of AcroDance: Flexibility, Strength, Balancing, Limbering and Tumbling. Developed with input from professionals and experts in ballet, modern dance, jazz, contortion, artistic gymnastics, rhythmic gymnastics, sport acrobatics, yoga, acro yoga, pilates, physiotherapy, hand balancing and more, you will not find a more comprehensive program. Simple thoughtful progressions take the beginner preschool level dancer from log rolls and somersaults to the advanced dancer tumbling effortlessly across the stage!

By enrolling your dancer in Acro, you understand your dancer will participate in skills that may involve hands on spotting.

RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreement”)

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

THE BODY BARRE and its directors, officers, employees, instructors, agents, representatives,
volunteers, independent contractors, subcontractors, sponsors, successors and assigns, as well as the owners,
lessees and occupiers of any premises on which The Body Barre conducts its business (hereinafter
collectively referred to as the “Releasees”).

ASSUMPTION OF RISKS
I am aware that acrobatics and acrobatic dance instruction, and participating in acrobatics and acrobatic dance
instruction lessons, clinics and sessions, including, but not limited to, teacher training and certification courses,
student acrodance exams, student workshops and demonstrations, performing gymnastic, acrobatic or dance
maneuvers with or without hand spotting (including inversions and airborne maneuvers)(the “Activities”) involve
many risks, dangers and hazards including, but not limited to: collisions with instructors or other participants; being
dropped by instructors or other participants; falling while demonstrating gymnastic, acrobatic or dance maneuvers;
slipping or falling on equipment (including, but not limited to, mats, hand balance canes, aerial hoop and/or aerial
silk); the risk of serious personal injury including, but not limited to, brain injury, spinal cord injuries including
paraplegia and quadriplegia, bone breaks and fractures, soft tissue injuries; loss of balance or control; slips, trips and
falls; accidents occurring while participating in the Activities; negligent first aid; failure to act safely or within one’s
own ability; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND
THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO
SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.I FREELY
ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees being able to participate in the Activities and to access the Premises on which the
Activities are carried on (hereinafter “the Premises”), I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES,
and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury
including death that I may suffer, or that my next of kin may suffer, as a result of my participation in the
Activities, and my use of or my presence on the Premises, DUE TO ANY CAUSE WHATSOEVER, INCLUDING
NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE,
INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, RSA 2000, c O-4, ON THE
PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE
RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS
AND HAZARDS REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of
or personal injury to any third party, resulting from my participation in the Activities and my use of or presence
on the Premises;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators,
assigns and representatives, in the event of my death or incapacity.

In entering into this Release Agreement I am not relying upon any oral or written representations or statements
made by the Releasees with respect to the safety of the Activities and the Premises other than what is set forth in
this Agreement.

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS
AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS,
ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Signature of participant or guardian if under 18 *

Date *

PARTICIPANT WAIVER

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ADULT DANCE/FITNESS MEMBERS: