In consideration for being permitted to utilize the facilities, programs and services of Velocity Dance Complex & Acrobatics Inc. (hereafter "Velocity Complex"), the undersigned, on behalf of himself or herself and such participating children and dependent adults as well as any personal representatives, heirs and next of kin of the same (collectively referred to as the "Guest"), acknowledges and agrees that:
I) The Guest has read, understands and agrees (as confirmed by the signature below of the Guest) to abide by the terms and conditions of this "Acknowledgement of Risk, Waiver of Liability and Indemnity Agreement."
II) The Guest hereby releases, waives, discharges, and covenants not to sue Velocity Complex and its directors, officers, employees, volunteers and agents (collectively referred to as the "Releasee") from all liability to the Guest for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness, or the death of the Guest (including, but not limited to any loss, damage, injury, illness or death of the Guest arising from COVID-19) or whether caused by the negligence (active or passive) of the Releasee or otherwise while the Guest is in, upon, or about the premises of the Releasee, or using any facilities or equipment of the Releasee therein, or participating in any program affiliated with the Releasee.
III) The Guest hereby agrees to indemnify and save and hold harmless the Releasee, and each of them, from any loss, liability, damages or costs the Guest may incur, whether caused by the negligence (active or passive) or otherwise by the Releasee while the Guest is in, upon, or about the premises of the Releasee or using any facilities or equipment of the Releasee therein or participating in any program affiliated with the Releasee. The Guest understands and agrees that the Releasee is not required to provide insurance to cover the guest in the event the Guest suffers illness, injury, death, property loss, theft or damage of any sort upon or about the premises of the Releasee, or while using any facilities or equipment of the Releasee therein, or while participating in any program affiliated with the Releasee.
IV) The Guest agrees and acknowledges that use of the premises of the Releasee and also the facilities, equipment and services of the Releasee, and also the participation in any programs of the Releasee, may involve inherent dangers and risks, including, without limitation, the risk of physical illness or injury, death or property damage. The Guest hereby assumes fully responsibility for, and risk of illness, bodily injury , death or property damage to the Guest due to the negligence (active or passive) of the Releasee, or otherwise while in, about or upon the premises of the Releasee, and/or while using the premises of the Releasee, or any facilities, or equipment of the Releasee, or while participating in any program affiliated with the Releasee. The Guest acknowledges that any illness or injuries that the guest contracts or sustains may be compounded by negligent first aid or emergency response of the Releasees, and the Guest waives any claim in respect thereof.
V) The Guest further expressly agrees that this "Acknowledgement of Risk, Waiver of Liability of Indemnity Agreement" is intended to be as broad and inclusive as is permitted by the Laws of the Province of Alberta and that if any portion of this agreement is held invalid, it is agreed that the balance of his agreement shall continue in full force and effect.
VI) The Guest also acknowledges that the Releasee, in the interests of safety, reserves the right to insist upon all appropriate safety rules and procedures to be observed by the Guest in the case of any use of the facilities of the Releasee, or in the participation in any "Limited Activities" a the premises of the Releasee. The Releasee may also insist on any degree of supervision that it considers advisable, and the Releasee may also limit or terminate the use of any facilities, or to discontinue any "Limited Activities" as it may consider advisable.
VII) The Guest also authorizes the administration of any first aid treatment necessary at the premises of the Releasee, and in the case of medical emergency, gives permission to the physician selected by the Releasee to hospitalize and secure proper treatment for the Guest
VIII) The Guest acknowledges that the Releasee reserves the right to:
a) refuse to provide services to or expel the guest due to the Guest's disruptive and unruly nature. This right is at the discretion of the Releasee's or its director with regards to classes of the Releasee or at any events that the Releasee is participating.
b) request any Guest to withdraw from the session prior to its termination if, in the opinion of the Releasee's coordinator or instructor, the Guest is not acting in a reasonable manner.