Every Staff Member or Attendee will be required to fill/sign this waiver.
I, the undersigned, hereby certify that I am an adult over the age of 18. I have asked World-Class Talent Experience Inc., a Florida corporation ("World-Class Talent Experience" or "WCTE"), WCTE to allow entry to participate in the above-referenced event on the date(s) and at the location listed above (the "Event").
I am signing this Waiver and General Release of Liability (this "Release") in consideration of and as a condition precedent to WCTE permitting the undersigned entry to the Event, and acknowledge that WCTE would not allow entry to the Event but for my execution of this Release. By signing this Release, I hereby agree as follows:
1. Background. I acknowledge that I am fully aware that any participation in the Event may involve inherent risks, dangers and hazards, including risks, dangers or hazards that may be caused by: (a) the actions or inactions of the Dancer or myself at the Event; (b) the actions or inactions of others participating in or attending the Event; (c) the physical health or condition of the Dancer or any other person attending the Event; (d) the condition of the premises and venue where the Event is held; (e) the condition of any equipment used or located at the venue; or (f) the negligence of WCTE or the "Releasees" identified below. I further acknowledge and understand that I and anyone who attends the Event can suffer bodily injury, illness, death, property damage or other losses as a result of attending or participating in the Event, including injuries or losses caused by any of the risks, dangers or hazards described in this Release.
2. COVID 19 Pandemic. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge continues to evolve, but the virus is believed to spread through airborne particles, person-to-person contact, and contact with contaminated surfaces and objects. People can be infected and show no symptoms and therefore spread the disease. To date, there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
World-Class Talent Experience cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while attending the Event. It is not possible to prevent the presence of the disease at events open to the public. Therefore, if you choose to attend the Event sponsored, organized, or presented by the World-Class Talent Experience, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
I acknowledge that the entire nation of the United States and the majority of the world has been subject to a worldwide pandemic outbreak of COVID 19 since January 2019. I acknowledge that as a result of the worldwide pandemic and based on current scientific information, COVID 19 is contagious and is believed to be spread through social interaction and in closed indoor areas in addition to spreading by airborne transmission and is believed to be spread by airborne particles, person-to-person contact, and contact with contaminated surfaces and objects. I further specifically acknowledge and understand that I, the Dancer(s), and anyone who attends the Event may be a potential carrier or transmitter of this disease, and that a person can be asymptomatic and can still be a carrier or transmitter, and that I or the Dancer(s) can suffer bodily injury, illness, death, property damage or other losses as a result of attending or participating in the Event, including injuries or losses caused by any of the risks, dangers or hazards described in this Release.
3. Assumption of Risk. Upon registration or entry to Event, you will be asked if you have read and understood the above warning concerning COVID-19. You understand the risks associated with being in a public space and contagious viruses may be present. You hereby choose to accept the risk of contracting COVID-19 in order to attend the Event.
4. Representations and Warranties. I acknowledge and agree that it is my sole responsibility to ensure that the undersigned participates only in those activities at the Event for which he/she has the necessary skill, qualifications, training and physical condition. I hereby represent and warrant to WCTE that: (a) I am aware of the nature of the activities that will be involved in the Event; (b) to the best of my knowledge, neither the undersigned nor any other Releasors have been afflicted with, exhibited symptoms of, suffered from, or been diagnosed with any illness, disease, ailment, infection, or other malady or similar condition, including without limitation any flu, cold or coronavirus or other viral or bacterial infections of any kind, within fourteen (14) days prior to the first date of the Event; and (c) to the best of my knowledge, neither the myself nor any other Releasors have come in contact with anyone who has been diagnosed as "positive" for COVID 19 in the past fourteen (14) days.
5. Rules, Policies and Procedures. I agree, for myself and the Releasors (as defined below), that I and anyone else I invite to the Event will comply with any and all safety rules, standards, policies and procedures established by World-Class Talent Experience for the Event, as modified from time to time, including without limitation WCTE's social distancing protocol for the Event. I further agree, for myself and the other Releasors, to strictly comply with all applicable laws, rules, regulations and guidelines established by the Center for Disease Control ("CDC") and any federal, state or local public health official or governmental authority having jurisdiction over the Event, including without limitation any applicable requirements in any way related to the use of face coverings, observation of social distancing guidelines, and cleanliness, sanitation, public health and safety. I further acknowledge and agree that in the event of any failure to comply with such rules, standards, policies and procedures or such laws, rules, regulations and guidelines will result in automatic removal of non-compliant attendees from the Event, including without limitation the removal of myself or anyone else I invite if we fail to so comply, and the automatic cancellation and disqualification of all competition numbers associated with us in connection with the Event. I further acknowledge and agree that in such event, neither I nor any of the Releasors will be entitled to any full or partial refund of any fees, costs or expenses incurred in connection with the Event.
6. Release and Discharge. I, on my own behalf and on behalf any other individuals invited to attend the Event by the Dancer or me, and each of our respective heirs, successors, assigns and legal representatives (collectively, the "Releasors"), knowingly and voluntarily accept and fully assume all such risks, dangers and hazards, including the possibility of bodily injury or death of myself or individuals invited to attend the Event, property damage or other loss resulting therefrom. I further agree, for myself and on behalf of the Releasors, and hereby do irrevocably and unconditionally release and discharge World-Class Talent Experience, its parent, subsidiary and affiliated companies, and each of their respective owners, shareholders, members, officers, directors, managers, employees, agents and representatives (collectively, "Releasees"), from any and all actions, causes of action, claims, demands, liabilities, obligations, lawsuits, rights, costs and expenses whatsoever, including without limitation reasonable attorney's fees and costs (collectively, "Claims"), of any nature whatsoever, that I or any Releasors have or may have in the future in any way arising out of or in connection with the undersigned participation in the Event, including without limitation any Claims caused in whole or in part by the negligence of the Releasees.
7. Specific COVID 19 Release. I hereby forever release and waive my right to assert a claim or bring suit against World-Class Talent Experience, including its officers, directors, managers, officials, trustees, agents, employees, or other representatives, in connection with exposure, infection, and/or spread of COVID-19 related to attending a World-Class Talent Experience event(s). I understand that this release and waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, including the sole negligence of the World-Class Talent Experience, and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen
8. General Release of all Claims. I further acknowledge that I am aware that after executing this Release, I, the Releasors, or any our respective agents may discover claims or facts in addition to or different from those that I now know of with respect to the subject matter of this Release, but it is my intention to release all such Claims for myself and on behalf of all other Releasors.
9. Indemnification. To the fullest extent permitted by law, I agree, for myself and on behalf of the Releasors, to defend, indemnify and hold harmless the Releasees from and against any and all Claims in any way arising out of or in connection with: (a) the Dancer's participation in the Event or any of the activities associated therewith; (b) the attendance of the Event by me or any other person; and/or (c) any condition or defect of the location of the Event or any facilities or equipment located thereon, including without limitation any Claims arising from death, bodily injury, property damage or otherwise, irrespective of whether such Claims are caused in whole or in part of the negligence of the Releasees. I further agree, for myself and on behalf of the Releasors, that this Release is intended to be as broad and inclusive as is permitted by the laws of the State of Florida, and to release the Releasees from any and all Claims, including without limitation caused by the negligence or the Releasees or otherwise.
10. Covenant Not to Sue. I hereby covenant and agree that I will not file (or ask or allow anyone to file on my behalf or on behalf of any of the Releasors), any charge, complaint, claim or lawsuit of any kind in connection with any Claim released herein. This provision shall not apply to any claims that may not be waived as a matter of law or to any non-waivable charges or non-waivable claims brought before any regulatory agency or court of competent jurisdiction.
11. Remedies. I acknowledge and agree that in the event of any breach or failure of any of my agreements, promises, covenants, representations and warranties contained in this Release, neither I nor any of the Releasors will be entitled to receive any refund, reimbursement or other payment from WCTE, and that I and the other Releasors, including the Dancer, may be required to leave the Event without any such refund, reimbursement or payment. I further agree that the remedies available to WCTE and the Releasees under this Release are not exclusive or exhaustive, but are cumulative of each other and in addition to any other remedies that WCTE and the Releasees may have at law or in equity.
12. Miscellaneous. I hereby agree that this Release shall be governed by, construed under and enforced in accordance with the laws of the State of Florida, without regard to its conflict of law provisions, and further agree that all actions or proceedings relating directly or indirectly hereto shall be litigated in courts located within the State of Florida, and that, at the option of WCTE, the exclusive venue therefor shall be Broward County. I waive any and all rights I may have to object to the jurisdiction of any such court, or to transfer or change the venue of any such action or proceeding. I further agree that: (a) if any portion of this Release is held to be invalid, then the remainder of this Release shall continue in full legal force and effect; (b) my representations, agreements, indemnity obligations, and covenants herein shall survive the end of the Event; and (c) this Release may be executed by electronic signature and may be delivered by electronic transmission, and that my electronic signature and electronic transmission thereof shall be deemed the same as an original handwritten signature for purposes of validity, admissibility and enforceability of this Release. I acknowledge that I am not relying upon any statement or representation by any person or entity released herein in evaluating or deciding whether to execute this Release. I further acknowledge that I have consulted with, or have otherwise had the opportunity to consult with, an attorney and/or other professional advisers of my choosing in connection with the advisability of executing this Release. Accordingly, I agree that this Release shall not be subject to any legal presumption that any ambiguity is to be construed against the drafter, but rather, this Release shall be interpreted solely in accordance with its objective terms.
I HAVE CAREFULLY AND COMPLETELY READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT BY SIGNING THIS RELEASE, I GIVE UP SUBSTANTIAL RIGHTS FOR MYSELF AND ON BEHALF OF THE DANCER AND THE OTHER RELEASORS (INCLUDING RIGHTS THAT I, THE DANCER OR OTHER RELEASORS MAY HAVE TO RECOVER DAMAGES FOR LOSSES CAUSED BY THE NEGLIGENCE OR THE RELEASEES), AND I SIGN THIS RELEASE FREELY AND VOLUNTARILY WITHOUT UNDUE INFLUENCE AND WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE MADE TO ME, AND I INTEND THAT MY SIGNATURE BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY, FOR MYSELF AND / OR THE DANCER AND THE OTHER RELEASORS, TO THE FULLEST EXTENT ALLOWED BY LAW.