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RELEASE OF LIABILITY AND ASSUMPTION OF RISK

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

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  • All teachers, studio staff, and chaperones must read thoroughly and agree/understand to the official waiver, which can be found at: iddancecomp.com/waiver.
     

  • All parents or legal guardians must sign a waiver for their dancers prior to the event.
     

    • No dancer will be allowed on stage without a signed waiver.

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         This Release of Liability and Assumption of Risk (“Release”) is entered into by and between ID Dance Competition LLC (“Company”) and __________________ (“Parent”) on behalf of ___________________ (“Child”) and is effective on the date of signature indicated in the signature block below (“Effective Date”).  In consideration of Child being permitted by Company to participate in dance competitions (the “Activity”), Parent agrees to the following terms and conditions in this Release:

 

1.          Parent represents and warrants to Company that: (a) Parent is the legal guardian of Child; (b) Parent has legal authority to execute this Release on behalf of Child; (c) Parent has read, understands, and agrees to be bound by the terms and conditions of this Release; and (d) Parent will promptly notify Company if my Child suffers from epilepsy or any other medical condition prior to Child being entered into any Activity. 

 

2.          I, Parent, on behalf of myself and my Child, do hereby grant to Company a royalty free, irrevocable, worldwide, sublicensable and transferable license to Company to take and use photographs and video captured of Child to promote Company, the Activity, dance, or dance competition.  I, Parent, acknowledge and agree that such pictures and videos may be posted or otherwise made available, on or through Company’s or its licensees social media platforms and websites. 

  1. Children’s Online Privacy Protection Act (COPPA) Consent

IF CHILD IS UNDER THE AGE OF 13, Parent hereby gives verifiable written consent, as required by the Children’s Online Privacy Protection Act (COPPA), for the Company and its affiliates to collect, use and disclose Child’s personal information (including name, age, image, voice, likeness, performance recordings, and contact information) solely for purposes of registering for, administering, publicizing, and documenting the Activity. 

Parent understands that Child’s image, voice, and likeness may be photographed, recorded, or otherwise captured during the Activity and related events and may be used or displayed by the Company in event programs, score sheets, official communications, promotional materials, the Company’s website, and its official social media accounts. Such use shall be limited to purposes directly related to the competition and the Company’s promotional activities.

A copy of the Company’s Privacy Policy, which describes the categories of personal information collected from children, how such information is used, with whom it may be shared, and the Company’s data security practices, has been provided with this Release and is incorporated herein by reference.

Parent may at any time (a) review the personal information collected about Child, (b) request that such information be deleted, and (c) refuse to permit further collection or use of Child’s information by providing written notice to the Company at 1 (800) 704-979, email info@iddancecomp.com

This consent may be revoked at any time by written notice to the Company. Revocation will not affect any use or disclosure made before the Company’s receipt of the revocation.

The Company will maintain reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, security, and integrity of Child’s personal information in connection with the Activity.

By signing this Release, Parent certifies that he or she is the parent or legal guardian of Child participant, that Parent has read and understands this COPPA Consent, and that Parent voluntarily provides consent in compliance with COPPA.

 

3.          I, PARENT, ON BEHALF OF MYSELF AND MY CHILD, AM AWARE AND UNDERSTAND THAT THE ACTIVITY THAT I AM AUTHORIZING CHILD TO PARTICIPATE IN IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT MY CHILD SUSTAINS MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PERMITTING CHILD TO PARTICIPATE IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY CHILD’S PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

 

4.          I, Parent, on behalf of myself and my Child, acknowledge and agree: (a) that participation in the Activity may include possible exposure to illness and infectious disease, including, without limitation, influenza, COVID, and MRSA, which may result in serious illness or death despite following rules and protocols instituted at the Activity; (b) to comply with all rules, protocols, and requirements instituted for the safety of the Activity and the participants; and (c) if I observe 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. 

 

5.          I, Parent, on behalf of myself and my Child, hereby expressly waive and release any and all claims, now known or hereafter known, on behalf of myself and my Child against the Company, any host venue, owner, licensee, sponsor, advertiser, or promoter and their respective officers, directors, managers, employees, agents, affiliates, heirs, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my Child’s participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees 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. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Ohio law does not permit to be released by agreement.

 

6.          I, Parent, on behalf of myself and my Child, 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 attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against the Company or any other Releasees, arising out or resulting from any claim of a third party related to my Child’s participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.

 

7.          I hereby consent to my Child receiving medical treatment deemed necessary if my Child is injured or requires medical attention during my Child’s participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I, on behalf of myself and my Child, hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.

 

8.          This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes 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 Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction). Parent agrees on its own behalf and on behalf of Parent’s Child to submit any dispute, controversy, matter of interpretation or other proceeding arising out of or in connection with this Release to binding arbitration in accordance with the rules of the American Arbitration Association’s Commercial Rules.  Any such arbitration shall be conducted before a single arbitrator in Delaware County, OH.  The arbitrator shall issue a written opinion stating its essentially findings and conclusions on which the arbitrator’s award is based.  The judgment on the award rendered by the arbitrator may be entered in any court have jurisdiction thereof.  By entering into this agreement on arbitration, the parties acknowledge and agree they are waiving all rights to have their disputes covered by this Release heard or decided by a jury or in a court trial.

 

 

IN WITNESS WHEREOF, the parties hereto have caused this Release to be executed as of the Effective Date.

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