MISS CANDICE’S DANCE CENTER

ASSUMPTION OF RISK RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT

IN CONSIDERATION for being permitted to utilize the services and programs of Miss Candice’s Dance Center LLC (“MCDC”), in the city of Riverside, California, and for my minor child(ren)listed below (“Child”), to so participate for any purpose, including, but not limited to, private lessons and or group lessons with an instructor and or owner from MCDC (“Instructor”), I the Parent/Guardian (“I/You/Your/My”) hereby acknowledges and agrees to allow My Child to participate in a Private Lesson and/or Group Lesson with an Instructor. MCDC has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including the access/use restrictions set forth by the Riverside County Health https://www.rivcoph.org/coronavirus. I agrees that MCDC may revise at its discretion its procedures at any time based on updated recommended guidance and protocols issued by the Riverside County Health Agency, and further agrees to comply with MCDC’s revised procedures prior to utilizing the facilities, services and programs of MCDC. I fully understand and appreciate both the known and potential dangers of utilizing the facilities, services and programs of MCDC and acknowledges that use thereof by I, the undersigned, and/or such participating Child may, despite MCDC’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER MCDC FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO PRIVATE LESSONS AND/OR GROUP LESSONS I HEREBY AGREES TO THE FOLLOWING: I AGREE ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE MISS CANDICE’S DANCE CENTER, its owners, directors, instructors, employees, volunteers and agents from all liability to I, the undersigned, or such participating Child and all personal representatives, assigns, heirs, and next of kin of I, the undersigned, or such participating Child for ,any loss or damage and any claim or demands on account of any property damage or any injury to, or any illness to the death of, I, the undersigned or such participating Child (or any person who may contract COVID-19, directly or indirectly, from I, the undersigned, or such participating Child) whether caused by the negligence, active or passive, of MCDC or otherwise while I, the undersigned, or such participating Child are in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with MCDC. I, the undersigned, expressly and knowingly waives all rights under California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

I, THE UNDERSIGNED, HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS MCDC, its owners, directors, instructors, employees, volunteers and agents and each of them from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, or otherwise while I, the undersigned or any participating Child is in, upon or about the premises or any facilities or equipment therein or participating in any program affiliated with MCDC. I, the undersigned understands and agrees that MCDC is not required to provide insurance to cover I, the undersigned or such participating Child in the event they suffer illness, injury, death, property loss, theft or damage or any sort upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with MCDC. I, the undersigned, agrees and acknowledges that use of MCDC facilities and services, and participation in MCDC programs, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage.

I, THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating Child due to negligence, active or passive, or otherwise while in, about or upon the premises of MCDC and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with MCDC. I, the undersigned, acknowledges that any illness or injuries that the undersigned or such participating Child contract or sustain may be compounded by negligent first aid or emergency response of the Releases and waive any claim in respect thereof. I, THE UNDERSIGNED, further expressly agrees that the foregoing ASSUMPTION OF RISK RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM MCDC IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT MCDC’S FACILITY OR PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NO TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE OF BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO MISS CANDICE’S DANCE CENTER THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).

All terms and policies are subject to change without notice.