WAIVER AND RELEASE OF LIABILITY

ASSUMPTION OF RISK. I understand and acknowledge that the activities that take place at the facilities (the “Premises”) of Exclusively Dance Inc. or Exclusively Dance Manhattan, Inc., or their affiliates, subsidiaries or parents, (collectively “Danznik”) may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand and have considered the risk of injury while participating in dance activities, classes or instruction, (whether joining online classes or in-person) (the “Activity”).

I understand that the Activity or my use of the facilities or occupancy of the Premises may not be supervised and that the Danznik does not provide emergency or medical services. I further acknowledge that any injury I may sustain while on the Premises may be compounded by negligent or delayed medical service.

I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICIPATION OF ACTIVITY ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.

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 TRAVELING TO AND FROM AS WELL AS 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, OR THE CONDITION OF THE ACTIVITY LOCATION(S) OR THE PREMISES. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY AND MY USE OF OR ACCESS TO THE PREMISES.

RELEASE FROM & WAIVER OF LIABILITY
AS CONSIDERATION FOR THE RIGHT TO ACCESS TO THE PREMISES OR PARTICIPATE IN THE ACTIVITY AT THE PREMISES OR TO PARTICIPATE IN THE ACTIVITY IN AN ONLINE CLASS OR FORUM, I HEREBY AGREE, ON BEHALF OF MYSELF, MY HEIRS AND MY PERSONAL REPRESENTATIVES, TO FULLY AND FOREVER DISCHARGE AND RELEASE DANZNIK AND ITS AFFILIATES, AND THEIR RESPECTIVE PARTNERS, AGENTS, OPERATORS, MANAGERS, EMPLOYEES, AND REPRESENTATIVES (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS I MAY HAVE OR HEREINAFTER HAVE FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES AND/OR CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD, ATTRIBUTABLE OR RELATING IN ANY MANNER TO MY ENTRY UPON AND USE OF THE PREMISES OR PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF DANZNIK OR ANY OF THE RELEASED PARTIES OR BY ANY OTHER REASON. I ACKNOWLEDGE AND AGREE THAT THIS RELEASE AND WAIVER OF LIABILITY IS INTENDED TO BE, AND IS, A COMPLETE RELEASE OF ANY RESPONSIBILITY OF THE RELEASED PARTIES FOR ANY AND ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR PROPERTY DAMAGE SUSTAINED BY ME WHILE ON OR USING THE PREMISES OR LICENSED SPACE.

COVENANT NOT TO SUE
I agree, for myself and all my heirs, not to sue or bring any legal proceeding against Danznik or the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against Danznik or the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises or participating in the Activity.

INDEMNIFICATION
To the extent not arising or resulting from the gross negligence or willful misconduct of Danznik or the Released Parties, I hereby agrees to indemnify, defend and hold harmless Danznik and the Released Parties, its officers, directors, employees, affiliates, agents, successors and assigns, from and against any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments and expenses, including, without limitation, reasonable attorneys’ fees, incurred in connection with or arising from (i) my use or occupancy of the Premises or (ii) my participation in the Activity. If any action or proceeding is brought against Licensor by reason of any such claim for which Licensee has indemnified (or is required to indemnify) Licensor, Licensee, upon notice from Licensor, shall defend the same at Licensee’s expense with counsel satisfactory to Licensor in its sole discretion.

COVID-19 LIABILITY WAIVER & ASSUMPTION OF RISK
I understand and acknowledge that as a result of the highly contagious novel coronavirus, COVID-19, federal, state and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Given the nature of the COVID-19 pandemic, I agree, acknowledge and understand that Danznik cannot guarantee that I or my child or ward will not become infected with COVID-19. Furthermore, attending and participating in the Activity could increase my risk or my child’s or ward’s risk of contracting COVID-19.

I acknowledge that my or my child’s or ward’s participation in the Activity or occupancy of the Premises is voluntary. Further, I agree that I and my child or ward shall abide and comply with all by directives made by Danznik intended to lower the risk of COVID-19 exposure which may include wearing masks, social distancing, washing hands, non-sharing of equipment, wiping down all shared equipment after each use, limitations on spectators, etc. If I fail to follow these directives, I will forfeit my right and my child’s or ward’s right to continued participation in the Activity or occupancy of the Premises.

In consideration of being allowed to participate in the Activity, I acknowledge, appreciate, and agree that: Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releases or others, and assume full responsibility for my participation; and I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of Danznik; and,

I, for myself and on behalf of my heirs, assigns, wards, personal representatives and next of kin, hereby release and hold harmless Danznik and the Released Parties, with respect to any and all claims of illness, disability, death, or loss or damage to person or property, whether arising from the negligence of Danznik and the Released Parties or otherwise, to the fullest extent permitted by law. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

ACKNOWLEDGMENT
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I ACKNOWLEDGE AND AGREE THAT THIS RELEASE AND WAIVER OF LIABILITY IS INTENDED TO BE, AND IS, A COMPLETE RELEASE OF ANY RESPONSIBILITY OF DANZNIK AND THE RELEASED PARTIES FOR ANY AND ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR PROPERTY DAMAGE SUSTAINED BY ME WHILE ON OR USING THE PREMISES OR PARTICIPATING IN THE ACTIVITY AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST DANZNIK AND THE RELEASE PARTIES FOR PERSONAL INJURY OR PROPERTY DAMAGE.

IF I AM A PARENT OR GUARDIAN OF A MINOR
I, CERTIFY, AS PARENT/GUARDIAN, WITH LEGAL RESPONSIBILITY FOR MY CHILD OR WARD, HAVE READ AND EXPLAINED THE PROVISIONS IN THIS WAIVER/RELEASE TO MY CHILD/WARD INCLUDING THE RISKS OF PRESENCE AND PARTICIPATION AND HIS/HER PERSONAL RESPONSIBILITIES FOR ADHERING TO THE RULES AND REGULATIONS FOR PROTECTION AGAINST COMMUNICABLE DISEASES. FURTHERMORE, MY CHILD/WARD UNDERSTANDS AND ACCEPTS THESE RISKS AND RESPONSIBILITIES. I FOR MYSELF, MY SPOUSE, AND CHILD/WARD DO CONSENT AND AGREE TO HIS/HER ASSUMPTION OF RISK, AND THE WAIVER AND RELEASE AS PROVIDED ABOVE OF ALL CLAIMS AGAINST OR LIABILITY OF DANZNIK OR THE RELEASED PARTIES, FOR AND ON BEHALF OF MYSELF, MY SPOUSE, AND FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS DANZNIK AND THE RELEASED PARTIES FOR ANY AND ALL LIABILITIES INCIDENT TO MY MINOR CHILD’S/WARD’S PRESENCE OR USE OF THE PREMISES OR PARTICIPATION IN THE ACTIVITY AS PROVIDED ABOVE, EVEN IF ARISING FROM THEIR NEGLIGENCE, TO THE FULLEST EXTENT PROVIDED BY LAW.