Please read the following carefully, and check "I agree" when you are ready to proceed.
Liability Waiver
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING THIS DOCUMENT YOU ARE GIVING UP YOUR LEGAL RIGHTS TO SUE INTERNATIONAL DANCE ACADEMY “BLACK FOX”, LLC
AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION OF RISK
In consideration of being allowed to participate in the services and activities, including, but not limited to, yoga, stretching, conditioning, dance fitness workouts, salsa and/or group fitness/dance classes (collectively “ACTIVITIES”), provided by INTERNATIONAL DANCE ACADEMY “BLACK FOX”, LLC a Texas limited liability company and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, landlord and/or premises owners, and any and all other persons and entities acting in any capacity on their behalf (collectively “RELEASED PARTIES”), I hereby agree to forever release, indemnify and discharge RELEASED PARTIES on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could in any way represent me or act on my behalf as follows:
_____ RELEASE OF LIABILITY: Despite all known and unknown risks, I hereby expressly and voluntarily remise, release and forever discharge RELEASED PARTIES and agree to hold them harmless from all manner of action and actions or omissions, causes of action, suits, damages, judgments, executions, claims and demands whatsoever, both known and unknown, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by RELEASED PARTIES, whether the action arises out of any damage, loss, personal injury, or death to me while participating in or as a result of participating in any of the ACTIVITIES. This Release is effective and valid regardless of whether the damage, loss or death is a result of any act, omission or negligence on the part of RELEASED PARTIES.
_____ REPRESENTATIONS: I represent and acknowledge that I am physically fit and capable of participating in the ACTIVITIES. I have not been advised by my doctor to refrain from any of the ACTIVITIES. I acknowledge that all ACTIVITIES involve a certain amount of risk and I am aware of the risk involved and have voluntarily assumed such risk. I further represent and acknowledge that my participation in any of the ACTIVITIES shall be of my choosing and the RELEASED PARTIES shall not be responsible nor liable for any injury or damage to me arising out of or in conjunction with my participation in any ACTIVITY. I acknowledge that INTERNATIONAL DANCE ACADEMY “BLACK FOX”,LLC, has relied on my statements contained herein and this Release.
_____ INDEMNIFICATION: I hereby agree to indemnify and hold harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by RELEASED PARTIES, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments RELEASED PARTIES incur in the event that I cause any injury, damage and/or harm to RELEASED PARTIES and/or any and all other persons and entities acting in any capacity on behalf of RELEASED PARTIES.
_____ ATTORNEYS’ FEES: I hereby agree to indemnify RELEASED PARTIES for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts.
_____ TERMS OF AGREEMENT: I understand that this agreement extends for a period of five (5) years and will have full force and legal effect each and every time I visit INTERNATIONAL DANCE ACADEMY “BLACK FOX”, LLC during such time.
_____ VENUE: In the event a lawsuit is filed against RELEASED PARTIES, I agree that the sole and exclusive venue shall be Nueces County, Texas. I further agree that the substantive law of Texas shall apply without regard to any conflict of law principals. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.