PLEASE READ THE TERMS IN THIS AGREEMENT AND RELEASE OF LIABILITY CAREFULLY.
For, and in consideration of, my registration with Confidance Institute Inc., Shimmy Mob and its Partners, and of being allowed to participate in classes, workshops, performances and activities, I (or the parent[s] or legal guardian[s] of participants, all hereafter referred to as the "participant") relinquish any and all liability and cause of action for personal injury, property damage or wrongful death occurring to me, arising out of participation in the Institute classes, workshops, performances or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this agreement, any such claims, rights, and causes of action that the participant may have are hereby relinquished and the participant does so on behalf of the participant's heirs, executors, administrators and assigns.
The participant acknowledges, understands and assumes all risks in inherent participation in said activities, and understands that said activities may involve risks to the participant's person, including bodily injury, partial or total disability, paralysis, and death, and damages that may arise therefrom and that the participant has full knowledge of said risks. These risks and dangers may be caused by the negligence of the participant or the negligence of others, including the "releasees" identified below. It is further acknowledged that there may be risks and dangers not known to us or are not reasonably foreseeable at this time. The participant agrees to abide by and be bound under the rules of Confidance Institute Inc., Shimmy Mob and its Partners, including those instructions by the instructor or agents of Confidance Institute Inc., Shimmy Mob and its Partners.
I, the participant, acknowledge, understand and assume the risks, if any, arising from the conditions and use of related premises used by the Institute, and acknowledge and understand that included within the scope of this waiver and release is any cause of action, arising from the performance, or failure to perform maintenance, inspection, supervision or control of said areas and for the failure to warn of dangerous conditions existing at said premises, for negligent selection of certain releasees, or negligent supervision or instruction by releasees.
I, the participant, agree that, if any claim for my personal injury or wrongful death is commenced against releasees, I shall defend, indemnify and save harmless releasees from any and all claims or causes of action by whomever of wherever made or presented for participant's personal injuries, property damage or wrongful death.
It is the purpose of this agreement to exempt, waive and relieve releasees from liability for personal injury, property damage, and wrongful death caused by negligence, including the negligence, if any, of releasees. 'Releasees' include the Institute, its Affiliates, instructors, event hosts, other participants, sponsors, owners and operators of the premises used to conduct any event and each of them, their officers, directors, agents and employees.
I, the participant, acknowledge that I have been provided with, and have read, the above paragraphs and have not relied upon any representations of releasees, that I have been fully advised of the potential dangers of dance instruction and that I understand these waivers and releases are necessary to allow said dance instruction to exist in its present form.
I, the participant, certify that my physician has examined me and that I am in good physical condition and have no disease or injury that would impair my performance or physical condition in participating in the aforementioned activities of the Institute including training for and competing. (Note: For recent injury or injuries, a physician's report must be attached to this form.)
As promise to indemnify, I, the participant, do herewith agree to pay all costs and expenses, including attorney's fees and court costs, which the Institute may incur as a consequence of any legal action arising out of (1) injury, death, or damage to me; or (2) injury, death or damage to someone else as a result of my conduct.
I, the participant, also acknowledge and understand that all dance routines, classes, workshops and seminars and associated materials, digital or otherwise, used by Confidance Institute Inc., Shimmy Mob and its Partners, are protected by copyright laws and may not be used without the prior written consent of the founder of Confidance Institute Inc., Shimmy Mob and its Partners.
AS A PARTICIPATING SHIMMY MOBBER, I, THE PARTICIPANT, DO PROMISE TO ACT SAFELY, REASONABLY AND PROPERLY while on these premises and also promise to obey the RULES set forth by Confidance Institute Inc., Shimmy Mob and its Partners, staff and the events managers. I, the participant, do hereby sign and affirm this waiver of liability and exculpatory agreement and assumption of risk form in exchange for the right to participate during the Shimmy Mob event. Disobeying the rules set by the directors, managers and hosts is subject to violation of this agreement.
I, the participant, fully accept all risk and responsibility for all losses and injuries that I incur as a result of my participation. I, the participant, hereby release Confidance Institute Inc., Shimmy Mob and its Partners from all liabilities, claims, or injuries caused by or during the Shimmy Mob.
I, the participant, do affirm that I am in good health and physically fit to engage in this activity and state that I have no medical condition which could jeopardize my safety, health and well-being during such participation or be aggravated by my participation in this event.
I, the participant, am aware that DANCING involves jumping, bending, spinning, rapid arm movement, sliding back and forth, and skipping by me and by those other participants around me and as such could be dangerous; I do not expect to be struck by others during the dance routine scenario or myself strike others by accident but, should that happen and I be seriously injured, or even die as a result of such contact or over exhaustion, I freely engage in this activity and assume any and all risks and hazards to my person and my property that may occur during such activity, even as the result of negligence or carelessness by any person or by any cause, known or unknown.
I, the participant, am aware that the landowner's property can be a dangerous place and that both natural and man-made dangers, known and unknown, do exist and that could injure me as a participant or cause death; that such danger includes (but is not limited to) such actions as slipping and falling, or any injuries resulting from tripping, bumping or falling into man-made obstacles inherent in the state of any property, and that I, the participant, do willingly accept any and all such dangers traversing this property while participating in Shimmy Mob events.
I also understand and agree that:
While participating in the event, I, the participant, am solely responsible for any food, water or refreshments I may require; it is fully understood that Confidance Institute Inc., Shimmy Mob and its Partners, its employees, its sponsors and partners are not responsible for supplying any beverages or food for this event.
Should my personal property or accessories be damaged, lost or stolen while participating in the flash mob event, I, the participant, waive all rights and do hold harmless Confidance Institute Inc., Shimmy Mob and its Partners, its employees, its sponsors and its partners and release them from any liability or responsibility in the matter.
All participants shall act reasonably and properly, using great restraint at all times, I, the participant, will take care not to be overly loud or attract unwanted attention to this private gathering or cause compromise to anyone during this event.
Loud and obnoxious behavior during the gathering is not allowed beyond what is reasonable and proper for the occasion as indicated by my Team Leader. I, the participant, shall act with proper decorum and follow the instructions of the Team Leader. Abuse of liquor or other intoxicants, legal or otherwise, will not be tolerated and will result in expulsion from the property and from this event.
With the exception of service dogs, no animals shall be allowed for any reason and may be cause for expulsion.
All participants shall collect and remove with them all refuse they create or bring in to the event.
No participants shall disturb, damage, deface or defeat the purpose of any sign, marker, station, landmark, or any other such described location, building, motor vehicle or site used for the event, and that I, the participant, shall adhere fastidiously to the boundaries and locations of specific areas of use for any event.
In consideration of the above and previous declarations, I, the participant, do release from liability, hold forever harmless and agree not to seek suit or pursue claims against Confidance Institute Inc., Shimmy Mob and its Partners, its employees, its sponsors, the landowners or their family or any person, company or party with an interest in the aforementioned property, or any other participant including those in charge of the management and production of the event, that I will not cause any claim, action, demand or cause of action resulting from negligence of personnel, event organizers and/or the landowner arising from my participation in this event.
I, the participant, also grant full permission for the organizers to use photographs and/or video footage of me in legitimate accounts and promotions of this event.
I, the participant, do hereby acknowledge that all registration payments are considered donations; as such, they are NON-REFUNDABLE for any missed rehearsals, events, or for any cancellations under any circumstance.
Shimmy Mob may cancel some events if attendance does not meet required minimum participation; under such circumstances, registered participants will still receive their Shimmy Mob t-shirt.