Programs Waiver (2021 BBBY Dance Fall)

WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT

I unconditionally and irrevocably agree to the following agreement with Global Down Syndrome Foundation, a Colorado nonprofit corporation, its officers, directors, shareholders and other beneficiaries described (hereafter referred to collectively as "GLOBAL") as a condition for Global Down Syndrome Foundation allowing the undersigned, and the persons identified below, to enter upon and into that certain premises located at Colorado Ballet and/or Colorado Ballet Academy, 1075 Santa Fe Dr. Denver, CO 80204 surrounding land (hereafter referred to as the "Premises"), for the sole purpose of participating in the 2020 Fall Be Beautiful Be Yourself Dance Program, including travel to and from events in connection with such activities (all of these activities, individually and collectively, will hereafter be referred to in this document as the "Activities").

PERSON(S) TO CONTACT IN CASE OF EMERGENCY

This Waiver, Release of Liability and Assumption of Risk Agreement (this “Release”) is intended to be valid and binding at all times, now and in the future, when GLOBAL permits the undersigned (directly or indirectly) to engage in any or all of the Activities at any time or be present at the Premises, even if not engaged in the Activities at such time.

IT IS HEREBY AGREED AS FOLLOWS:

1. REQUEST. I have requested to engage in any or all of the Activities.

2. AWARENESS/ASSUMPTION OF RISKS. I am voluntarily participating in the Activities with full knowledge of the risks and dangers involved and agree to accept any and all risks of injury, death, or damage to myself and/or my personal property. As a participant in the Activities, I may come into contact with the risk of personal or property injury due to those risks caused by, among other things, terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I understand that the Premises is a dance studio, stage and/or recreational center, etc… GLOBAL has no knowledge of the safety of the Premises and I acknowledge that GLOBAL hereby advises me that, before I engage in the Activities, I should independently determine the safety of the Premises and whether it is safe to conduct the Activities I desire to conduct on the Premises. Further, I understand that engaging in the Activities on the Premises is dangerous and could result in personal injury to me. Further, I understand that being on the Premises can expose me to numerous hazards, which could include, for example: cuts, exposure to environmentally unsafe material, etc.

I understand these risks and potential dangers that are inherent in the Activities, regardless of where they take place, and I agree to assume them. I also understand that these are just some of the risks, and I agree to assume others that are not mentioned above. I am not relying on GLOBAL to list all possible related risks for me in this document or at any time, now or in the future. BY SIGNING BELOW, I AGREE TO ASSUME ALL SUCH RISKS TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW.

3. LIABILITY WAIVER AND RELEASE. As lawful consideration for GLOBAL allowing me to engage in any or all of the Activities, now or in the future, I agree to assume full responsibility for any and all bodily injuries or damages which I may sustain at any time and at any location when engaging in these and other activities. The term "damages" means, for example, (without limitation) medical expenses, losses and expenses incurred because of bodily injuries or property damages, and/or personal property damages. I, for myself and for my heirs, family members, administrators, estate, personal representatives or assigns, fully and unconditionally release and discharge GLOBAL and its officers, directors, employees, agents, managers, members, representatives, assistants, and heirs (collectively, the “Released Parties”) from liability in the event of any injury or damage of any nature (or perhaps even death) to me or anyone else which may occur while engaging in any or all of the Activities, whether at the Premises or elsewhere (except if such injury or damage is caused by GLOBAL’S gross negligence or wanton and willful misconduct). In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as the result of such treatment. I am aware and understand that I should carry my own health insurance.

I have executed this Release willingly. THIS RELEASE IS GIVEN KNOWINGLY AND, BY SIGNING BELOW, I AGREE THAT I AM GIVING UP MY RIGHTS TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST GLOBAL OR THE RELEASED PARTIES NOW OR IN THE FUTURE.

I also agree to hold harmless and release GLOBAL, and its respective officers, directors, employees, agents, managers, members, representatives, assistants, and heirs from liability for any and all injuries, damages, or losses that my property may sustain at any time that may accrue from any cause whatsoever, including fire, theft, accidents or injuries, whether or not the property is on or near the Premises (except if such injury or damage is caused by GLOBAL’S gross negligence or wanton and willful misconduct).

4. INDEMNITY AGREEMENT. I also agree to indemnify and hold harmless GLOBAL, and its officers, directors, employees, agents, managers, members, representatives, assistants, and heirs against all damages which are sustained or suffered by any third person(s), "third persons" are any and all people who are not parties to this Agreement, including, but not limited to, my relatives, guests, other visitors or patrons, etc., including any and all injuries or damages whatsoever that I may cause, directly or indirectly, while engaging in any or all of the Activities at any time and at any location. The indemnification shall include reimbursement of GLOBAL’S reasonable attorney fees.

5. SAFETY GEAR; GLOBAL EQUIPMENT. I agree to be fully responsible for my own safety at all times while on, near, or off the Premises or while engaged in the Activities. I am NOT relying on GLOBAL to provide any protective headgear or wear for me, or to monitor my compliance with safety headgear or wear recommendations at any time – now or in the future. If I choose to wear any protective headgear or clothing, or if I choose not to, this is my decision alone.

In the event that any damage to equipment or facilities of GLOBAL occurs as a result of my or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

6. PHOTO, VIDEO AND AUDIO RELEASE. I understand that as a participant in the Activities, I may be recorded on film, video or other electronic recording media. I hereby consent to such recording and to the use by GLOBAL of any recorded images or other media recordings of my name and likeness (“A-V Recordings”) for any purpose related to furtherance of the objectives of GLOBAL, including use in GLOBAL media properties such as its newsletters, social media and websites. In particular, I grant GLOBAL permission to copyright and use, reuse, publish, and republish A-V Recordings, without restriction as to changes or alterations, for art, advertising, trade, or any other purpose. Further, I understand that all work product I create in my capacity as a participant in the Activities will be the property of GLOBAL and that GLOBAL will have the sole right to use, sell, license, publish, or transfer any such work product, in any and all media formats, including print, mechanical, and electronic. I will disclose any such work product to GLOBAL and assign all rights thereto to GLOBAL FOUNDATION.

7. TERM OF AGREEMENT. I acknowledge that this Release will apply to the entire term of my participation in the Activities, starting with the date I participate in the Activities or enter on the Premises, whichever is earlier, even if it pre-dates the date of this Release, and continuing as long as I continue to engage in the Activities or enter on the Premises, and thereafter as is necessary to protect the interests and rights of GLOBAL arising herein.

8. GENERAL PROVISIONS.

(a) Severability. If any provision of this Release is held to be invalid, illegal or unenforceable by any court or arbitrator of competent jurisdiction, then solely as to such jurisdiction and subject to this Section 8(a), that provision shall be limited (“blue-penciled”) to the minimum extent necessary so that this Agreement shall otherwise remain enforceable in full force and effect in such jurisdiction and without affecting in any way the enforceability of this Release in other jurisdictions. To the extent such provision cannot be so modified, the offending provision shall, solely as to such jurisdiction, be deemed severable from the remainder of this Release, and the remaining provisions contained in this Release shall be construed to preserve to the maximum permissible extent the intent and purposes of this Agreement in such jurisdiction and without affecting in any way the enforceability of this Release in other jurisdictions.

(b) Governing Law/Enforceability. This Release is governed by Colorado law and is intended to be as broad and inclusive as Colorado law permits. Should any clause in this document conflict with Colorado law, only that clause will be null and void and the remainder of this document shall remain in full force and effect at all times, now and in the future.

(c) Modifications/Breach. This Release can only be modified by a written agreement that is signed by both parties. If I breach the provisions this Release, I agree to pay the attorney fees and court costs related to such breach incurred by GLOBAL and/or persons directly affiliated with GLOBAL. It is also agreed that any disputes arising under this document, or any activities that are undertaken pursuant to it, shall be litigated in a court of proper jurisdiction located in the City and County of Denver, Colorado, where GLOBAL is located and does business, and I agree that this is a convenient location.

(d) Counterparts. This Release may be executed in two counterparts, each of which shall constitute an original and all of which together shall constitute one instrument.
9. REPRESENTATIONS. ALSO, I REPRESENT THAT: (Please check each box below, if true and correct)

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PARTICIPANT:

PARENT/GUARDIAN SIGNATURE (if Participant is under age 18):

I have read, understand, and agree to the provisions of the foregoing Release, both on my own behalf and on behalf of the Participant named herein.