This is a Release and Waiver of Liability (the “Release”) executed (the “Participant”), in favor of Kendal Griffler, and its Members, employees, and agents.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY AT MY OWN RISK.
Participant desires to participate in certain dance classes and activities lead by Kendal Griffler and assures that Participant is in proper physical condition to take part in dance classes and activities. Participant understands that there are risks of physical injury associated with, arising out of, and inherent to dancing and activities associated therewith. In recognition of this acknowledged risk of injury, and in consideration of being accepted into such dance classes or activities, Participant hereby freely, voluntarily and without duress executes this release and waiver of liability under the following terms:
1. Release and Waiver. Participant does hereby release and forever discharge and hold harmless Kendal Griffler for any and all claims or demands for damages, loss of services, costs, and expenses in any way resulting from any and all injury to Participant or property of Participant arising directly or indirectly out of Participant’s participation in any and all activities.
Participant understands that this Release discharges Kendal Griffler from any liability or claim that the Participant may have against Kendal Griffler with respect to any bodily injury, personal injury, illness, death, or property loss or damage that may result from Participant’s activities with Kendal Griffler. Participant also understands that Kendal Griffler does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to, medical, health, or disability insurance in the event of injury or illness.
2. Indemnification. Participant agrees to indemnify and hold forever harmless Kendal Griffler, from any and all injuries, damages, costs, and attorney’s fees whatsoever which may arise out of the Participant’s participation in any event by Kendal Griffler.
3. Insurance. Participant understands that, except as otherwise agreed to by Kendal Griffler in writing, Kendal Griffler does not carry or maintain health, medical, or disability insurance coverage for any participant. Participant understands that it shall be Participant’s sole responsibility to obtain his or her own medical or health insurance coverage for Participant.
4. Photographic Release. Participant does hereby grant and convey unto Kendal Griffler all right, title, and interest in any and all photographic images and video or audio recordings made by Kendal Griffler during Participant’s participation of any and allactivities, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings, and further consenting to use Participant’s photo or likeness in or on any form of advertisement for future events.
5. Miscellaneous. This Release and Waiver of Liability shall be binding on the heirs, successors and personal representatives of the Participant. Participant expressly agrees that this Release and Waiver of Liability is intended to be as broad and inclusive as permitted by the laws of the State of North Carolina, and that this Release and Waiver of Liability shall be governed by and interpreted in accordance with the laws of the State of North Carolina. Participant agrees that, in the event that any provision herein shall be held to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not otherwise affect the remaining provisions of the Release and Waiver of Liability, which shall continue to be enforceable to the full extent permitted under the law.
I have read the foregoing Release and Waiver of Liability and acknowledge that the provisions are contractual and not a mere recital, and I understand that I am bound by the terms hereof by placing my signature herein.
If Participant is a minor, the parent having legal custody and/or the legal guardian of the minor hereby represents and warrants that they have the legal authority to bind the Participant. Such parent or guardian executes this release on behalf of the minor and the parent or guardian, and this release is binding on the child and such parent or guardian.