1. PARTIES AND CONSIDERATION
This Liability Release and Waiver (the "Agreement") is entered into between:
Grand Dance Studio ("Grand Dance Studio," "we," "us," or "the Studio"), including its owners, directors, officers, employees, instructors, contractors, volunteers, agents, and representatives (collectively, the "Released Parties"),
AND
The undersigned participant or the parent/legal guardian signing on behalf of a minor participant (the "Participant" or "I").
In consideration of Grand Dance Studio accepting this registration and allowing the Participant to participate in dance classes, programs, workshops, rehearsals, performances, competitions, events, and all related activities (collectively, the "Activities"), I agree to the following terms on behalf of myself or the Participant.
2. SCOPE OF AGREEMENT
This Agreement applies to all Activities organized, hosted, sponsored, or authorized by Grand Dance Studio, including but not limited to:
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All dance classes (ballroom, Latin, ballet, jazz, contemporary, and all other styles)
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Private lessons and group classes
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Rehearsals and practice sessions
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Performances, showcases, and recitals
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Competitions and dance events
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Workshops and masterclasses
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Virtual/online dance instruction
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Use of studio facilities, equipment, and premises
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Travel to and from dance-related events
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Any other activities associated with Grand Dance Studio
3. ACKNOWLEDGMENT OF RISKS
I acknowledge and understand that participation in dance activities involves inherent and significant risks of physical injury, property damage, and other hazards, including but not limited to:
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Physical injuries such as sprains, strains, fractures, torn ligaments, muscle injuries, back and neck injuries, concussions, and other bodily harm
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Injuries resulting from slips, trips, falls, collisions with other dancers, contact with dance equipment or props, improper use of equipment, or overexertion
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Aggravation of pre-existing conditions or injuries
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Injuries caused by the condition of the dance floor, studio premises, or facilities
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Heat exhaustion, dehydration, or other physical stress-related conditions
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Injuries resulting from the actions or inactions of other participants, instructors, or third parties
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Property damage or loss of personal belongings
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Risks associated with travel to and from dance-related activities and events
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Exposure to communicable diseases including but not limited to COVID-19, influenza, and other infectious illnesses
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Psychological or emotional stress
I understand that these risks may arise from the negligence of Grand Dance Studio, other participants, or other third parties, from dangerous or defective equipment or property, from my own actions or inactions, or from the conditions of the premises.
I acknowledge that the above list is not exhaustive and that other risks, both foreseen and unforeseen, may also result in injury, illness, death, or property damage.
4. ASSUMPTION OF RISKS
I freely and voluntarily assume all risks, dangers, and hazards associated with participation in the Activities, including those described above and any others that may arise. I understand that my participation is entirely voluntary and that I have the right to refuse to participate at any time.
I accept personal responsibility for any injury, illness, death, or property damage that may result from my (or the Participant's) participation in the Activities, whether caused by the negligence of Grand Dance Studio or otherwise, to the fullest extent permitted by Ontario law.
5. CERTIFICATION OF PHYSICAL FITNESS AND HEALTH DECLARATION
I certify that:
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I (or the Participant) am/is in proper physical and mental condition to participate in dance activities
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I (or the Participant) do/does not have any medical condition, physical limitation, or disability that would prevent safe participation in the Activities, except as disclosed below
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I have consulted with a physician if I have any concerns about my (or the Participant's) ability to safely participate
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I will immediately inform Grand Dance Studio instructors of any changes to my (or the Participant's) health status, injuries, or medical conditions
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I understand that Grand Dance Studio does not provide medical advice and that I am responsible for determining my (or the Participant's) fitness to participate
6. RELEASE OF LIABILITY AND WAIVER OF CLAIMS
To the fullest extent permitted by Ontario law, I hereby:
a) Release, waive, and forever discharge Grand Dance Studio and all Released Parties from any and all liability, claims, demands, actions, causes of action, costs, and expenses (including legal fees) of any kind whatsoever, whether in law or in equity, that I (or the Participant) may have or may have in the future, arising from or related to:
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Any injury, illness, death, loss, or damage suffered by me (or the Participant)
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Any property damage or loss of personal belongings
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Participation in the Activities or use of Grand Dance Studio's facilities
b) Agree not to sue Grand Dance Studio or any Released Parties for any claims arising from participation in the Activities, including claims based on:
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Negligence (including any failure to take reasonable care or breach of duty of care), except for claims arising from gross negligence or willful misconduct
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Breach of contract
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Breach of any statutory or other duty of care, including any duty owed under the Occupiers' Liability Act, R.S.O. 1990, c. O.2
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Breach of any other legal obligation
I acknowledge that under Ontario law, liability waivers are generally enforceable when they clearly and unambiguously waive liability for negligence, provided they do not attempt to waive liability for gross negligence or willful and wanton conduct.
This release applies to claims arising from ordinary negligence of Grand Dance Studio, defective equipment, dangerous conditions of the premises, the actions of other participants, or any other cause, but does not purport to waive claims arising from gross negligence or intentional wrongdoing.
7. INDEMNIFICATION
I agree to indemnify and hold harmless Grand Dance Studio and all Released Parties from and against any and all claims, demands, actions, liabilities, costs, and expenses (including legal fees on a substantial indemnity basis) that may be brought against them by any third party arising from or related to my (or the Participant's) participation in the Activities, including claims arising from my (or the Participant's) own actions, omissions, or breach of this Agreement.
8. AGREEMENT TO FOLLOW RULES AND INSTRUCTIONS
I agree that I (or the Participant) will:
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Follow all rules, regulations, policies, and procedures of Grand Dance Studio
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Follow all instructions and directions given by instructors and staff
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Use all equipment properly and only as instructed
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Wear appropriate attire and footwear as required
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Behave in a safe and responsible manner at all times
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Not participate in Activities while under the influence of alcohol or drugs
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Immediately report any unsafe conditions, injuries, or incidents to studio staff
I understand that failure to comply with rules and instructions may result in dismissal from the Activities without refund and may increase the risk of injury.
9. EMERGENCY MEDICAL AUTHORIZATION
I authorize Grand Dance Studio and its representatives to:
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Seek emergency medical treatment for me (or the Participant) if I (or they) cannot be reached or in case of urgent medical necessity
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Consent to medical or surgical treatment as deemed necessary by qualified medical personnel
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Transport me (or the Participant) to a medical facility for treatment
I agree to be financially responsible for any medical expenses incurred as a result of emergency medical treatment.
I understand that Grand Dance Studio does not provide medical insurance coverage for participants and that I am responsible for ensuring adequate personal insurance coverage.
10. RESPONSIBILITY FOR PERSONAL PROPERTY
I understand and agree that Grand Dance Studio is not responsible for any loss, theft, or damage to personal property, including but not limited to clothing, shoes, dance equipment, electronic devices, jewelry, or any other belongings brought onto the premises or to any Activities.
I acknowledge that I bring personal property at my own risk and that Grand Dance Studio has no obligation to provide secure storage.
11. PHOTO AND VIDEO RELEASE (Optional)
I CONSENT to Grand Dance Studio photographing and/or video recording me (or the Participant) during Activities and using such images and recordings for promotional, advertising, marketing, social media, website, and other business purposes without compensation.
12. COMMUNICABLE DISEASE ACKNOWLEDGMENT (Including COVID-19)
I acknowledge that:
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An inherent risk of exposure to communicable diseases, including COVID-19, exists in any public place where people are present
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I cannot eliminate the risk of infection or illness
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Grand Dance Studio has implemented preventative measures to reduce the spread of communicable diseases, but cannot guarantee that I (or the Participant) will not be exposed
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I voluntarily assume all risks related to communicable disease exposure
I agree to:
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Self-screen for symptoms before attending the studio
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Not attend if experiencing symptoms of illness
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Comply with all public health guidelines and studio health and safety policies
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Immediately notify the studio if I (or the Participant) test positive for a communicable disease after attending Activities
13. MINORS (Under 18 Years of Age)
If the Participant is under the age of 18:
I certify that I am the parent or legal guardian of the Participant named above and that I have full legal authority to sign this Agreement on their behalf.
I understand that by signing this Agreement, I am waiving certain legal rights on behalf of the minor Participant and binding both myself and the minor Participant to the terms of this Agreement.
Important Note Regarding Minors and Ontario Law: I acknowledge that under Ontario law, the enforceability of liability waivers signed by parents/guardians on behalf of minors has been subject to judicial scrutiny. While I agree to be personally bound by this waiver and to assume all risks on behalf of the minor Participant, I understand that Ontario courts have held that parents cannot waive a child's right to sue for negligence in all circumstances, and that the enforceability of such waivers may depend on factors including the nature of the activity, the age of the child, and the specific circumstances of any injury.
Notwithstanding the above, I agree to:
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Be personally bound by all terms of this Agreement
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Supervise the minor Participant appropriately
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Ensure the minor Participant complies with all studio rules and policies
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Not bring any claim against Grand Dance Studio on my own behalf arising from the minor Participant's participation in Activities
14. BINDING EFFECT
I understand and agree that this Agreement is binding upon me (or the Participant), and in the event of my (or the Participant's) incapacity or death, shall be binding upon my (or the Participant's) heirs, next of kin, executors, administrators, assigns, and legal representatives.
15. SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Agreement, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
16. GOVERNING LAW AND JURISDICTION
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.
I irrevocably submit to the exclusive jurisdiction of the courts of Ontario for any dispute arising from or related to this Agreement.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior agreements, representations, negotiations, and understandings, whether written or oral.
I acknowledge that:
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No oral or written representations or promises have been made to me that would alter or contradict this Agreement
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I have not relied on any statements or representations not contained in this Agreement
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This Agreement may not be modified except in writing signed by both parties
18. ACKNOWLEDGMENT OF UNDERSTANDING
I acknowledge that:
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I have read and fully understand this Agreement in its entirety
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I have had sufficient time and opportunity to review this Agreement and ask questions
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All of my questions have been answered to my satisfaction
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I understand the legal consequences of signing this Agreement, including that I am giving up substantial legal rights, including the right to sue for ordinary negligence
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The terms of this Agreement are clear and unambiguous
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I am signing this Agreement voluntarily and without any inducement, coercion, or pressure
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I intend to be legally bound by this Agreement
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASED PARTIES.