RELEASE OF LIABILITY

Please read carefully before registering for any classes or events.

THIS IS AN IMPORTANT LEGAL DOCUMENT. BY AGREEING TO THE TERMS BELOW, YOU WILL ASSUME CERTAIN RISKS AND WAIVE CERTAIN LEGAL RIGHTS.
IT IS IMPORTANT THAT YOU READ AND FULLY UNDERSTAND THIS DOCUMENT.


RE: Bachata and other Latin dance workshops, technique labs, practices, classes, and events (the “Events”) organized by Ava Sandiego Dance (the “Organizer”) periodically held in Kelowna, BC at various studios.

1. Acknowledgment

I am voluntarily attending the Events, as described above, which is organized by the Organizer on a recurring basis. In exchange for the opportunity to attend and participate in the Events, I agree to the terms of the Release of Liability set out below, which I acknowledge is a reasonable, fair, and adequate exchange. I agree that the terms of this Release of Liability will be effective as of the date of my submission of the registration form for the Events and will remain in effect and will apply to any and all Events that I may attend.

2. Understanding of Risks

I understand that participating in the Events has potential risks.

I understand that there is potential risk for injury involved in the participation of any physical activity such as dance. Bumps, bruises, scrapes, scratches, and soreness are commonplace, and attendees may encounter this sort of minor injury from time to time while participating in the Events. More serious injuries are possible, including sprains, strains, twists, cramps, and injuries of similar magnitude. The possibility of more serious injury exists, including fractured bones, broken bones, and torn ligaments. There remains, despite safety precautions, the remote possibility of crippling injury, illness, or death.

I understand that dancing requires physical exertion and that the Events should only be attended by an individual who is in good general health. I understand that it is my responsibility to seek advice from a physician prior to attending the Events or participating in dance if I know of, or suspect, that my physical condition may be incompatible with what is required in order to safely attend or participate in the Events.

3. Voluntary Assumption of Risks

I understand the risks associated with attending the Events and I voluntarily agree to assume all risks including, without limitation, the possibility of personal injury, illness, property damage, and loss (including lost or stolen property) resulting from my attendance at the Events.

4. Health Concerns

I represent that I have no illness, allergies, disabilities, or other medical condition (“Health Concerns”) that may reasonably impede or affect my ability to safely attend the Events or that will jeopardize the health or safety of other Events attendees. If I become aware of any Health Concerns, I will promptly notify the Organizer before participating or continuing to participate in the Events. The Organizer may choose to suspend or end my participation in the Events if, in its opinion, my continued participation could negatively impact me, the Organizer, or other attendees at the Events, whether as a result of a Health Concern or for any other reason. Notwithstanding the above, I am aware and acknowledge that there is no obligation for the Organizer, its representatives, or any other person to provide me with medical care or advice and it is my sole responsibility to bring or seek effective treatment for any Health Concerns that I may suffer from during my attendance at the Events.

5. Media Release

I understand that my image and likeness may be captured in videos or photographs at the Events. I hereby irrevocably grant to the Organizer a perpetual, worldwide, royalty-free right and licence to use, reproduce, publish, distribute, display, and otherwise use my image and likeness in photographs, videos, or other digital media (the “Materials”) in any and all publications and media, including web-based publications and social media, without payment or other consideration, for the purpose of promoting or publicizing the Events, the Organizer, or any of the Organizer’s affiliates.

I acknowledge and agree that this consent and licence are irrevocable and may not be withdrawn with respect to any Materials created, captured, published, distributed, or otherwise used before the date of any request to discontinue future use. Any request to discontinue future use shall apply only prospectively and shall not require the Organizer to remove, delete, alter, recall, or cease using any Materials that were previously created, published, distributed, or otherwise used in reliance on this consent.

6. Ownership of Materials

I understand that the Organizer will have all rights, title and interest in and to the Materials, including all copyright and other intellectual property rights, and I acknowledge that I have no interest or ownership in the Materials or such rights. I hereby irrevocably authorize the Organizer to edit, alter, copy, reproduce, publish, display, distribute, transmit, and otherwise use the Materials for any lawful purpose. I waive any moral rights and other similar rights relating to the Materials in favour of the Organizer. I waive any right to inspect, review, or approve the finished product wherein my image or likeness appears. I waive any right to royalties, compensation, accounting, or other remuneration arising from or relating to the use of the Materials. I acknowledge and agree that the rights granted to the Organizer under this Release of Liability are perpetual and irrevocable.

7. Waiver and Release of Liability

I hereby unconditionally waive all claims, whether in law or equity or pursuant to statute, that I have or may in the future have against the Organizer, its affiliates, and their respective directors, officers, employees, representatives, agents, contractors, volunteers, instructors, guest instructors, venue owners, and venue operators (the “Released Parties”) and I hereby release and forever discharge the Released Parties from any and all liability for any loss, damage, expense, injury, or illness, including death, that I may suffer, or that my next of kin may suffer, resulting from my attendance or participation at the Events due to any cause, including, without limitation, negligence, breach of contract, negligent misrepresentation, or breach of any statutory or other duty of care on the part of the Released Parties, and including any failure on the part of the Released Parties to safeguard or protect me from the risks associated with attending or participating in the Events.

Without limiting the generality of the above, I agree that I will not bring or consent to others bringing a claim or action against the Released Parties on the grounds that anything contained in the Materials, or in the advertising and publicity used in connection with the Materials, is defamatory, reflects adversely on me, or violates any other right, including, without limitation, rights of privacy, personality, or publicity. I agree to release and hold harmless the Released Parties from and against any and all claims or damages that I may have against the Released Parties in connection with the Materials.

8. General

Ava Sandiego Dance is a registered trade name of Amaluna Consulting Inc. I am not relying on any verbal or written representations, warranties, or statements, express or implied, made by the Released Parties relating to the Events other than as expressly set out in this Release of Liability. This Release of Liability will be binding upon me and the Organizer and our respective heirs, executors, personal representatives, successors, and assigns, as applicable.This Release of Liability will be governed and construed in accordance with the laws of the Province of British Columbia without regard to conflict of laws provisions and I hereby attorn to the jurisdiction of the courts of British Columbia.

9. Acknowledgement

I confirm that I am at least 19 years old. By submitting a registration form for the Events and checking the box “I confirm that I have read and agree to the lesson waiver”, I confirm that I have had the opportunity to read the terms of the Release of Liability set out above, that I understand them, and that I agree to be bound by them.