For the activity of Dance Convention Participation organized by ACTIVATE YOUR ARTISTRY, of Schaumburg, Illinois, 60173 and for the use of the property, facilities and services of ACTIVATE YOUR ARTISTRY;
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by ACTIVATE YOUR ARTISTRY, or the employees, representatives or agents of ACTIVATE YOUR ARTISTRY.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge ACTIVATE YOUR ARTISTRY for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of ACTIVATE YOUR ARTISTRY, whether caused by the fault of myself, my family, ACTIVATE YOUR ARTISTRY, its agents, faculty, personnel or other affiliated third parties.
3. INDEMNIFICATION. I agree to indemnify and defend ACTIVATE YOUR ARTISTRY against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of and in use by ACTIVATE YOUR ARTISTRY.
4. FEES. I agree to pay for all damages to the facilities of or in use by ACTIVATE YOUR ARTISTRY caused by any negligent, reckless, or willful actions by myself or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Illinois law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that ACTIVATE YOUR ARTISTRY does not offer refunds of any fees or expenses I have paid to participate in the above-listed activity if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. CANCELLATION. I, in my own behalf and/or on behalf of the Minor Participant, hereby warrant that I have read this form in its entirety and fully understand its contents and are voluntarily signing the same. I, in my own behalf and/or on behalf of the Participant, am aware that this form releases from liability and contains an acknowledgment of my voluntary and knowing assumption of the risk of injury or illness. I, on my own behalf and/or behalf of Minor Participant, further acknowledge that nothing in this document constitutes a guarantee that the Event will occur.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
11. I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Activate Your Artistry has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Activate Your Artistry can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including their families.
I voluntarily seek to participate in convention classes at Activate Your Artistry and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending an Activate Your Artistry event.
I hereby release and agree to hold Activate Your Artistry harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the company, or that may otherwise arise in any way in connection with any services received from Activate Your Artistry. I understand that this release discharges Activate Your Artistry from any liability or claim that I, my heirs, or any personal representatives may have against the company with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Activate Your Artistry. This liability waiver and release extends to Activate Your Artistry together with all owners, partners, and employees.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation.