RELEASE AND WAIVER OF LIABILITY, INDEMNITY AGREEMENT,
AGREEMENT NOT TO SUE, ASSUMPTION OF RISK
In consideration of and return for the use of and presence on the property (both physical and digital) and premises which includes access to all paid information on this website, facilities, activities, and services at Feel This Free, LLC AKA The School of Sweet Tease (“Provider”) the undersigned (hereinafter referred to as “Customer/Participant”) for him/herself, his/hers heirs, assigns, and legal representatives, herby expressly agrees to and acknowledges the following:
Assumption of Risk. I understand that there are inherent risks involving various physical exercise and activities, including but not limited to: exercise training, dance training, cardiovascular machinery, and dance equipment, and being present at Feel This Free, LLC premises which may have dangerous activities and involve inherent risks and I knowingly am engaging in said activities.
I also understand there are significant risks and dangers involved with use of physical exercise equipment to include, but is not limited to: heart attacks, muscle strains, sprains, pulls, and/or tears, broken and fractured bones, shin splints, heat prostration, knee injuries, neck injuries, back injuries, foot injuries, shoulder and arm injuries and other illnesses and soreness and can include bodily and personal injuries such as paralysis and/or death; and I assume the risk of all dangerous conditions in and about the premises and waive any and all specific notice of the existence of such conditions.
I assume any and all risks involved in and arising from the use or presence upon the premises and facilities, including without limitation, the risk of death, bodily injury or property damage. I also assume all risk arising from negligent or deliberate acts of another person. I acknowledge that there are inherent risks involved with the use of and presence on the premises and facility.
2. Release. I and on behalf of my representatives, assign, heirs, and next of kin, release discharge, hold harmless, and fully and forever waive any and all claims, demands, causes of action against Feel This Free, LLC, its officers, agents or employees from any and all liabilities, damage, costs, and expenses arising out of my use of the facilities, including without limitation, those based on death, bodily injury (including without limitation dismemberment and total and permanent disability), property damage, whether or not caused by the negligence or other fault of Feel This Free, LLC, including strict product liability.
3. Waiver. I waive all claims for damage or loss to my person and property that may be caused by any act, or failure to act, of Feel This Free, LLC, its officers, agents, or employees. I waive the protection afforded by any statute or law in any jurisdiction of the State of California , whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.
4. Indemnify. I agree to indemnify and defend Feel This Free, LLC against, and hold it harmless from any and all claims, case of action, demands, judgment, costs, or expenses, including attorney’s fees, which in any way arise from the customer/ participant’s use of or presence upon the facilities, including without limitation, the negligence, if any, of Feel This Free, LLC its successors, assigns, subsidiaries, franchises, officers, directors, employees, and agents. Additionally, by signing below, the Parent of Legal Guardian of the customer /participant agrees to indemnify and defend Feel This Free, LLC against any and all claims, causes of action, demands, damages, judgment, costs or expenses, including attorney’s fees, due to bodily injury (including without limitation dismemberment and total and permanent disability) or death to customer/participant and/ or any other customer/participant.
5. Payment for Damages. I agree to pay for any and all damages to the facilities caused by me, negligently, willfully, or otherwise.
6. Governing Law and Venue. This Agreement shall be governed by the laws of the State of California. Any lawsuit arising under this Contract shall be brought in the appropriate Court upon which Feel This Free deems appropriate. If Feel This Free, LLC must seek legal action to enforce this agreement or defend an action which involves this agreement, then Feel This Free, LLC shall be entitled to attorney’s fees and costs associated therewith.
7. Warrant and represent:
By accepting the terms and conditions you are confirming that;
That I am at least 18 years of age;
That I have not consumed alcohol or drugs which may affect my ability to participate in the activities of Feel This Free, LLC;
That I have taken notice of and will obey all rules and regulations of the premises;
That I acknowledge that the activities of the facility (property expressed here) are very dangerous and involve the risk of death, bodily injury, or property damage.
That I have read and understand this agreement;
I fully know and understand the rights I am waiving/surrendering;
That I am waiving my rights voluntarily.
8. Participant further represents:
Participant acknowledges his/her use of the facility (all physical and digital property expressed here) is optional and voluntary and Participant will be given three (3) days to completely and fully read this document, agrees to its terms, and has been given the opportunity to seek legal counsel to review and advise Participant as to the legal effect of this document.
Participant will be given three (3) days to ask questions and make inquiries of Provider regarding this release.
Participant warrants and represents he or she has no medical problems which might interfere with participation in Provider’s programs.
Participant understands the presence of Provider’s personnel is no assurance of safety or lessens any risks assumed by Participant, and that personnel and Participant may be using Provider’s facilities and equipment alone and unsupervised.
This release shall not be canceled, modified, or changed in any manner except by the written agreement of both Participant and Provider and the invalidity of any position of this Release shall not affect the validity of the remaining release.
By using ANY services, viewing any pages, downloading any products, taking any lessons either in class or digitally, and/or using this website bodyandbooty.com (a product of Feel This Free LLC), you hereby understand and agree to the Following:
RELEASE AND WAIVER OF LIABILITY, INDEMNITY AGREEMENT,
AGREEMENT NOT TO SUE, ASSUMPTION OF RISK
FOR PARENT(S)/LEGAL GUARDIAN(S) OF MINORS
The health and safety of my students and clients is my number one concern. Help me reduce the transmission of COVID-19 and other diseases by following these important safety measures:
1. Self-screening is required before entering Body and Booty classes held at A Time to Dance. Participants who are sick or exhibiting symptoms of COVID-19 should stay home. All participants agree to monitor their own health on a daily basis. If experiencing any of these symptoms, a participant may not attend classes, sessions or private lessons at the studio and is encouraged to get a COVID-19 test before returning: 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 and diarrhea.
2. Participants shall be temperature and/or symptom screened upon arrival and asked to wash their hands/use hand sanitizer, wear face coverings and maintain physical distance of at least 6 feet from individuals not in your household to the greatest extent possible.
3. Face coverings must be worn in the studio at all times including during fitness and dance sessions except for hydration and ventilation breaks. Face coverings must cover the nose and mouth. Participants should put on their mask when exiting their vehicle in the parking lot or upon entering the studio.
4. Participants should sanitize or thoroughly wash hands upon arrival to the studio, after touching their face covering, after using the restroom, and after finishing a dance/fitness class before leaving the studio.
5. Six feet of physical distance must be kept as much as possible in a dance/fitness setting. Avoid shaking hands, hugging, bumping fists or elbows, and other physical contact.
6. Per state public health recommendations, fitness facilities shall require online reservations. No on-site walk ups or drop-ins will be permitted without registration. Classes and private lessons may be booked at www.bodyandbooty.com.
7. Non-participant guests are not allowed at the studio at this time.
8. Participants agree to self report if any signs of COVID-19 arise within 14 days of participation in classes or privates at Body and Booty.
9. Group classes have been limited in class size to ensure a minimum of six feet of physical distance between students. Classes have been structured to allow for distancing requirements to be maintained and there may be no person-to-person physical contact of any kind while participating in classes and programs.
12. Participants shall do their best to follow these safety protocols, procedures and guidelines as to maintain a safe and healthy environment for all participants.
13. As the conditions of the pandemic continue to change, so shall the safety guidelines. Safety guidelines are subject to change. Updates can be found at www.bodyandbooty.com.
Assumptions of the risk and waiver of liability relating to coronavirus/covid-19
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 be spread mainly from person to person contact. As a result, federal, state, and local government and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Feel This Free Dance and Fitness LLC (dba Body and Booty) has put in place preventative measures to reduce the spread of COVID-19, however, Body and Booty cannot guarantee that you will not become infected with COVID-19. Further, attending classes, sessions or private lessons at Body and Booty could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending classes, sessions or private lessons at Body and Booty and that such exposure or infection may result in personal injury, illness, permanent disability and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Body and Booty may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Body and Booty employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind that I may experience or incur in connection with my attendance at Body and Booty classes and programming ("Claims")
On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Body and Booty, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Body and Booty, its employees, agents and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Body and Booty classes or programs.