Liability Waiver

The following General Liability and COVID-19 Liability Waivers are part of the registration form this year.

Please read this information carefully.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS

I/we realize that participation in dance classes and activities could result in some possible personal injury. Despite precautions being taken by the studio, accidents and injuries may occur. I/we (the dancer and parent/guardian) assume all risks related to the use of any and all spaces used by Lynn Panting Dance (LPD).

I/we agree to release from responsibility LPD including all teachers, dancers, staff members, and facilities used by both entities from any cause of action, claims, or demands now and in the future.

I/we will not hold LPD liable for any personal injury including scrapes, bruises, cuts, sprains, fractures, broken bones, concussions or death or any personal property damage/loss, which may occur on the premises before, during or after classes.

Furthermore, I/we agree to obey the class and facility rules and take full responsibility for my/our behaviour in addition to any damage I/we may cause to the facilities utilized by LPD.

I/we understand that LPD is a professional, insured business. In the event that I/we should observe any unsafe conduct or conditions before, during or after my/our classes, I/we agree to report the unsafe conduct or conditions to the owner, Lynn Panting, or other instructors or staff members as soon as possible.

COVID-19 RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS

The individual named below [referred to as “I” or “me”] desires to enter and/or use facilities [the “Premises”] owned and/or operated by Lynn Panting Dance, to use such facilities and to engage in the workshops, classes, rehearsals, activities, and other programs and services offered by Lynn Panting Dance at the Premises, including, but not limited to: dance training; workshops; rehearsals; performances; and/or other events [the “Activities”]. As lawful consideration for being permitted by Lynn Panting Dance to be on and/or to use the Premises and to engage in the Activities, I agree to all the terms and conditions set forth in this agreement [the “Agreement”].

I am aware of the highly contagious nature of the 2019 novel coronavirus disease (COVID-19) [“COVID”] and the risk that I may be exposed to, or contract, COVID by being on the Premises and/or engaging in the Activities. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, disability, death, or property damage. I acknowledge that this risk may result from, or be compounded by the actions, omissions, or negligence of others, including Lynn Panting Dance employees and/or contractors. I understand that while Lynn Panting Dance has implemented preventative measures to reduce the spread of COVID, Lynn Panting Dance cannot guarantee that I will not become infected with COVID while on the Premises and that being on the Premises may increase my risk of contracting COVID.

Notwithstanding the risks associated with COVID, I acknowledge that I am voluntarily entering the premises and/or engaging in the Activities with knowledge of the danger involved. I hereby agree to accept and assume all risks of personal injury, illness disability, death, or property damage, arising from my being on the Premises or engaging in the Activities, whether caused by the negligence of Lynn Panting Dance or otherwise, including but not limited to the risks associated with COVID.

I hereby expressly waive and release any and all claims which I have, or may in the future have, against Lynn Panting Dance and its teachers, employees, directors, and assigns [collectively, the “Releasees”] on account of injury, illness, disability, death, or property damage arising out of, or attributable to, my being on the Premises or engaging in the Activities, due to any cause whatsoever, including without limitation: COVID, whether arising out of the negligence of Lynn Panting Dance or any of the Releasees, or otherwise, including without limitation: breach of contract, or breach of any statutory or other duty of care. I covenant not to make or bring any such claim against Lynn Panting Dance or any other Releasee, and forever release and discharge Lynn Panting Dance and all other Releasees from liability under such terms.

I am familiar with federal, provincial, and local laws, orders, directives, and guidelines related to COVID including, but not limited to, the guidance documents issued by the Newfoundland and Labrador Department of Health and Community Services (including those available at https://www.gov.nl.ca/covid-19). I will comply with all such orders, directives, guidelines, and guidance documents while on the Premises. I will also follow any rules, regulations, directions, and instructions of Lynn Panting Dance and/or others while on the Premises.

I agree not to enter the Premises if I am experiencing symptoms of COVID, including, but not limited to: cough; shortness of breath; fever; or if I have a confirmed or suspected case of COVID, or if I have come into contact with a person who has been confirmed or suspected of having COVID within the last fourteen days or at any time during the course of the intensive.

I shall defend, indemnify, and hold harmless Lynn Panting Dance 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 and disbursements, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of, or resulting from, any claim of a third party related to the Activities or my being on the Premises.

This Agreement is in addition to, and in no way limits or otherwise takes away from, any other agreement or waiver between me and Lynn Panting Dance.

This Agreement is binding on my heirs, executors, administrators, trustees, legal and personal representatives, successors, and assigns.

This Agreement is governed by, and is to be interpreted in accordance with, the laws of the Province of Newfoundland and Labrador. No modification to this Agreement, nor any waiver of rights, will be effective unless assented to in writing by the Parties, and the waiver of any breach or default will not constitute a waiver of any other right or any subsequent breach or default.

If any provision(s) of this Agreement are determined to be invalid, such provision will be modified only to the extent necessary to make such provision(s) enforceable, and the remaining provisions, and the Agreement generally, are valid, legal and enforceable.

In the event of a government-mandated shutdown, an appropriate alternative will be determined by Lynn Panting Dance.

PLEASE NOTE: A paper copy of this waiver can be made available on request.