I ("I', "me", "Participant"), have elected, on a voluntary basis, and, if I am under the age of 18, with the acknowledgement and permission of my parents or legal guardians (individually and collectively referred to herein as "Guardian"), to participate in dance and other athletic performance- related activities (individually and collectively, "Activities") for which I am registered with Gus Giordano Dance School ("GUS"), which may include, without limitation, participation in GUS-sponsored classes or events (each, individually, an "Event"
Assumption of Inherent Risks: I and my Guardian hereby represent and warrant that: (i) I am aware that participation in the Activities presents certain risks, (including, without limitation, concussion/brain injury and severe bodily harm) and I am aware that equipment problems and human error can contribute to or cause such injuries; (ii) I am aware that my risk of injury may be increased if I suffer from conditions that may be affected by physical exertion, and I represent and warrant that I am in good health and do not suffer from any condition(s) (including, but not limited toneck, back, heart problems and pregnancy); and (iii) no representations of any kind have been made to me by GUS or GUS' employees or personnel regarding my ability to participate in the Activities; and (iv) my participation in the Activities is not employment and is not subject to any union or collective bargaining agreement, and does not entitle me to wages, salary, corporate benefits, unemployment or workers' compensation benefits, or other compensation. I knowingly and voluntarily assume all risks associated with the Activities, both known and unknown, and I and my Guardian unequivocally agree to incur and assume such risks as a condition to my participation in the Activities.
Opportunity to Review: I represent and warrant that I have reviewed this waiver ("Waiver") with my Guardian and I have obtained the permission of my Guardian to enter into this Waiver, as evidenced by my Guardian's signature/s below. I and my Guardian agree and acknowledge that this Waiver is applicable to all GUS Events and all Activities in which I participate at any time, and is a perpetual Waiver for all such Events and Activities.
Use of Likeness: I understand that GUS, from time to time, produces audio-visual programs, promotions, and other materials relating to its Events. I and my Guardian hereby grant GUS and its agents, successors, assigns and licensees the perpetual right to use my name, likeness, biographical information, photographs, voice, personal characteristics, and other personal identification (collectively "Likeness") and any digital, videotape, sound and audio-visual recordings in any way (collectively "Recordings") in any and all manner and media, now known or hereafter devised, throughout the world, for any and all purposes including, without limitation, in productions and in connection with the advertising and promotion of productions and/or of GUS, provided that GUS is under no obligation to exercise any of the foregoing rights.
Waiver of Liability/Indemnification: In order to induce Participant to register in GUS Events and in consideration for Participant's opportunity to participate in the Activities, I and my Guardian hereby waive all claims (past, present, or future), release and discharge, covenant not to sue, and agree to indemnify and hold harmless GUS and all of its sponsors and advertisers, all venues at which the Events are held, all other persons and entities connected with the Events, the respective parents, subsidiaries, affiliated entities, licensees, successors and assigns of each of the foregoing, and each of their respective directors, officers, employees, agents, contractors, partners, shareholders, representatives and members, and each of their respective heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors, licensees and assigns (individually and collectively, the "Releasees"), in advance from and against any and all liability, loss, cost, damages, expense, claims, demands, actions, judgements and executions (individually and collectively, "Claims") which I and my Guardian, and my and my Guardian's heirs, representatives, administrators, executors, and assigns (the "Releasing Parties"), ever had, now has, or may have in the future, known or unknown, for loss or injury including, without limitation, personal injuries, bodily injury, lost wages, loss of employment, infliction of emotional distress, and/or damage to property (real or personal) in any way caused by, related to, or arising out of, directly or indirectly, the Releasing Parties' participation in the Activities and/or presence at the Events, including, without limitation, Claims arising from any negligence of GUS or the Releasees, defect or failure in or of equipment, venues, warnings, instructions, or otherwise, and/or arising from Releasees' or any third parties' negligence or carelessness and/or the use of my Likeness, including but not limited to defamation, invasion of privacy, infringement of rights of publicity, misappropriation, false light, copyright or trademark infringement. I and my Guardian understand the significance and consequence of, and agree that, all rights under the Civil Code of Illinois or any similar law are hereby expressly voluntarily waived in full by me. I and my Guardian shall not be entitled for any reason to terminate or rescind this Waiver nor to enjoin, restrain or otherwise impair the exercise of any of the rights and privileges granted or to be granted to GUS hereunder, nor to restrain, enjoin or otherwise impair the development, production, exhibition and/or exploitation of the Events.
SARS-COV-2 (COVID-19) Waiver: I and my Guardian acknowledge and agree that the novel coronavirus known as SARS-CoV-2 which causes COVID-19 ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. Further, I and my Guardian acknowledge that COVID- 19 is extremely contagious and is believed to be spread mainly from person-to-person contact. As a result, 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. GUS has agreed to follow all City of Chicago and State of Illinois mandates as it relates to COVID-19, including the number or dancers allowed within GUS classes and GUS Events. In the event that such in-person mandates are lowered, dancers who enrolled first for their in-person spots shall have priority on a "first come, first serve" basis. Furthermore, in the event that such government mandates do not allow for in-person attendance, all programs will be run virtually, and Participant will be notified as soon as possible by GUS. I and my Guardian acknowledge that any adjustments to GUS program in the event of such government mandates shall not be subject to any tuition reimbursements or refunds.
Even in following such government mandates, I and my Guardian acknowledge and agree that GUS cannot guarantee that I or anyone else will not become infected with COVID-19 and attending the Event could increase my risk of contracting COVID-19. By executing this Waiver, I and my Guardian acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that we may be exposed to or infected by COVID-19 by attending the Event and performing in the Activities and that such exposure or infection may result in personal injury, illness and permanent disability. Further, I and my Guardian understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, GUS its agents, employees, volunteers, and Event participants.