JOVIAL MOTION LLC

WAIVER, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY AGREEMENT FOR ADULTS

I. DISCLAIMER: This Waiver, Assumption of Risk, and Release of Liability Agreement (hereinafter the “Agreement”) is applicable to all participants (including but not limited to dancer, guest, visitor, observer; hereinafter a “Participant”), ages 18 & up in lessons, activities, and/or events, in-person and/or virtual, provided by JOVIAL MOTION LLC, a Washington limited liability company (hereinafter “JM”). For purposes hereof, the term “JM” shall include all members, managers, officers, employees, agents, representatives, successors, insurers and/or subsidiaries of JM. 

II. ASSUMPTION OF RISK: I acknowledge, understand, and accept that the participation in dance lessons, activities, and/or events has inherent risks that may lead to bodily injury such as slips and falls, sprains, strains, property or economic loss or damage, and other risks, greater or smaller, not specified here. I certify that there are no health-related reasons or problems which prevent my participation and that I have not been advised to not participate by a qualified medical professional. I understand that I have willingly and voluntarily decided to participate in JM lessons, activities, and/or events. I realize that I am free to refuse to participate in any or all portions I feel uncomfortable with or which I determine cannot be completed safely by me. I knowingly and voluntarily assume all risk of injury, illness, damage or loss, both known and unknown, associated with participating in the dance lessons, activities and/or events, despite possible negligence or omission of JM, and assume full responsibility for my participation. I also understand I may be exposed to or infected by COVID-19 or similar by participating in JM events due to the nature of dance instruction and events. I understand the risks of becoming infected and assume sole responsibility as mentioned above. 

III. LIABILITY / INDEMNITY: I voluntarily waive, release, and forever discharge JM from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event; I agree that I will indemnify, hold harmless, and promise not to sue the entities or persons mentioned in this Agreement from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of release or otherwise. 

IV. PHOTOGRAPHIC RELEASE: I acknowledge that JM may take pictures and/or video during my participation in JM lessons, activities, and events. I convey to JM full rights and interest in these pictures and/or videos as well as any submitted to JM by myself. I understand such pictures and/or video may be used in advertising or other published materials, physical or virtual.

V. MEDICAL TREATMENT AND INSURANCE: I understand that JM does not carry or maintain health, medical, dental, or disability insurance coverage for any Participant, nor assumes any responsibility for or obligation to provide financial or other assistance in the event of injury or illness, including but not limited to medical, health, or disability insurance or support, even if JM has signed medical documentation in an emergency promising to pay, due to my inability to sign at the time. I authorize JM to obtain medical or dental treatment deemed necessary by JM, including first aid, ambulance transport, or other care necessary for my health and welfare in an emergency. I release and discharge JM from any claim which may arise on account of any first aid, treatment, or service rendered in connection with my participation in JM lessons, activities, and/or events, or with the decision by JM to consent to medical or dental treatment on my behalf in an emergency. I agree to take full responsibility for payment of any medical or dental costs, emergency or otherwise, related to my JM participation regardless of whether I have insurance coverage for treatments.

VI. GENERAL TERMS AND CONDITIONS: This Agreement sets forth the entire agreement and understanding between JM and myself, and all previous discussions, understandings, representations, negotiations, and agreements with respect to the matters included in this Agreement are merged herein. I acknowledge that this Agreement will be used by event holders, sponsors, and organizers of any JM activity or event in which I may participate, and that it will serve to govern my actions and responsibilities as a Participant at and/or related to any JM lesson, activity, and/or event. This Agreement shall be governed by and construed broadly under the laws of the State of Washington to provide a release, waiver, and indemnification to the maximum extent permissible under applicable law. I agree to jurisdiction and venue in the courts of the state of Washington in connection with any actions hereunder. In the event JM prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to pay and indemnify JM for its litigation expenses, including without limitation, reasonable attorneys fees and costs. This Agreement shall be binding on my heirs, successors, and personal representatives. If any provision or part of this Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, I agree the remainder of the Agreement shall remain valid and enforceable by any party hereto.

I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS AGREEMENT,  I HAVE READ THE FULL AGREEMENT AND HAVE RELIED SOLELY ON MY OWN JUDGMENT IN EXECUTING THIS AGREEMENT. I HAVE FULLY INFORMED MYSELF OF EFFECTS OF THE TERMS, CONDITIONS, AND THE RIGHTS I AM WAIVING IN THIS AGREEMENT AND MY SIGNATURE BELOW IS INDICATION OF MY UNDERSTANDING AND CONSENSUS OF THIS AGREEMENT. I ENTER INTO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.