Participants and their guardians agree to the following:
WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in DANCE AND FITNESS CLASSES (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge ANNIE BENZ, LLC DBA THE BODY BARRE AND RCDT, located at 17 Cronin Rd, Queensbury, New York 12804, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, ORFROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Annie Benz, LLC DBA The Body Barre and RCDT to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Annie Benz, LLC DBA The Body Barre and RCDT official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Annie Benz, LLC DBA The Body Barre and RCDTAND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHTTHATIOTHERWISEHAVETOBRINGALEGALACTIONAGAINST AnnieBenz,LLCDBATheBodyBarreand RCDT FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Annie Benz, LLC DBA The Body Barre and RCDT, its agents, and employees.
I agree that this Release shall be governed for all purposes by New York law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and
Annie Benz, LLC DBA The Body Barre and RCDT agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, the person(s) listed in the registration information will be contacted.
I, THE PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY ENTERING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM AGREEING TO IT OF MY OWN FREE WILL.
PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release is hereby agreed by the registering parent or guardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of the participant, and do hereby give my consent without reservation to the foregoing on behalf of this individual.
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 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.
PHOTO/VIDEO
I hereby give permission for images of myself or my child, captured either in the studio or during performances, through video, photo, etc. to be used solely by The Body Barre and its associates, and waive any rights of compensation or ownership thereto.
BY CONTINUING, THE PARTICIPANT HAS READ AND AGREED TO ALL OF THE ABOVE (LIABILITY WAIVER, SERVICE AGREEMENT, PHOTO/VIDEO).
