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Legal
In consideration of RUNWAY Entertainment Limited, a corporation incorporated in the Province of Ontario (the "Company") permitting the individual named below ("I" or "me") to participate in RUNWAY Dance Connection (the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
APPEARANCE RELEASE
Participants, by virtue of entering and attending a RUNWAY Dance Connection event, give their permission and consent to RUNWAY Dance Connection, and the directors of RUNWAY Dance Connection, to use without any compensation whatsoever, their images or photographs, or appear in videos or any other electronic or print media for advertising, news coverage, or any other commercial use of our events.
ASSUMPTION OF RISKS
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
Any participant/performer competing in a RUNWAY Dance Connection or any dancer or instructor attending a RUNWAY Dance Connection dance event takes certain and inherent risks. These include, but are not limited to, sprains, bruises, broken bones, and pulled muscles. Participation in any RUNWAY Dance Connection event indicates the acceptance of such risk by the participants. RUNWAY Dance Connection assumes that all participants are in good health and fit for the competition. RUNWAY Dance Connection and the hosting facility are not responsible for personal injury or property loss, including but not limited to participants or spectators.
I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, "Releasees"), on account of injury, death or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the Activities.
I expressly agree that this waiver, release, and assumption of risk is intended to be as broad and inclusive as permitted by applicable law. If any portion of this agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect. This waiver, release and assumption of risk shall be governed by and construed in accordance with Ontario law.
I further agree that any action, suit or proceeding arising out of or relating to my participation in activities offered by the Company must be brought forward in an Ontario court within one (1) year of the event(s) giving rise to the action, suit or proceeding.
I further release the Company and all of the above listed parties from any claim whatsoever on account of first aid, treatment or services rendered to me by them.
In the event of emergency, I authorize the Company to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for my immediate care and I agree that I will be responsible for payment of any and all medical services required.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending RUNWAY Dance Connection and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at RUNWAY Dance Connection may result from the actions, omissions, or negligence of myself and others, including, but not limited to, RUNWAY Dance Connection employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at RUNWAY Dance Connection or participation in programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless RUNWAY Dance Connection its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. RUNWAY Dance Connection will work with attendees to reschedule events and provide full refunds when scheduled events cannot take place due to government orders.
This Agreement, together with the Website Terms and Conditions and Privacy Policy, constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supercedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.
I am the parent or studio owner or legal guardian of the minor(s) named above entering into the Activities. I have the legal right to consent to and I hereby do consent to the terms and conditions of this Release of Liability and Waiver of Claims.