Esteem Fitness has put in place preventative measures to reduce the spread of COVID-19; however, Esteem Fitness cannot guarantee that you will not become infected with COVID-19. Further, attending Esteem Fitness could increase your risk of contracting COVID-19.
By registering for class, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COIVD-19 by attending Esteem and that such exposure or infection may result in personal injury, illness, permanent disability and death. By registering for class and attending class, you understand that the risk of becoming exposed to or infect- ed by COVID-19 at the facility may result from the actions, omissions or negligence of yourself and others, including, but not limited to, Esteem employees, volunteers and other program participants.
By registering for class and attending class, you voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury that may occur, including, but not limited to, illness, damage, loss, claim, liability or expense of any kind, that you may experience or incur in connection with your attendance at Esteem training or participation in Esteem program- ming (“claims”). On your behalf, you hereby release covenant not to sue, discharge and hold harmless Dance Esteem, 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. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Esteem, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Esteem program.
I hereby acknowledge that any activity involving motion, rotation, or height may cause serious accidental injury and with this acknowledgment assume all risks normal to the activity. I understand and agree that Esteem- Dance, Fitness & Tumbling and it’s staff will assume no responsibility for injuries or medical expenses incurred, whether or not those injuries are caused by negligence or fault of any Esteem- Dance, Fitness & Tumbling employee, agent, owner, or student.
I realize that Esteem- Dance, Fitness & Tumbling specializes in professional dance, sports and fitness instruction and makes no claim to be able to diagnose or treat learning or physiological disabilities. I also realize that Esteem- Dance, Fitness & Tumbling has the right to restrict or refuse instruction to any participant with the apparent natural physiological, social, and/or learning disability. I also realize that Esteem- Dance, Fitness & Tumbling has the right to restrict or refuse instruction to any participant who is disruptive, or for any other reason, including failure to pay tuition or balances only account.
In case of emergency: in the event of any emergency, illness, or accident, the attendant or person in charge will call 911.
In consideration of being allowed to participate on behalf of Esteem- Dance, Fitness & Tumbling’s program and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may
reduce this risk, the risk of serious illness and death does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full
responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Esteem- Dance, Fitness & Tumbling their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)
This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.