Waiver of Liability, Assumption of Risk, Indemnity, And Authorization Agreement
In consideration of the opportunity afforded me by Alexander Lerman and/or businesses operated by Alexander Lerman and/or Heather Clague and/or business operated by Heather Clague including but not limited to Fully Present Improv (these collectively, "AL and HC") to participate in training and/or performance of various activities, including, but not limited to, dance, drama, coaching, communications, and all related activities on the premises (hereafter referred to as “Activities”):
A) I waive the right to file any claim or lawsuit against AL and HC, their affiliates, instructors, students, members, employees, agents, volunteers, and representatives (hereafter referred to as “Releasees”), for any injury, damage, or loss resulting from my participation in Activities, including those resulting from the ordinary negligence of Releasees. This includes, but is not limited to, claims of injury due to faulty premises or facility, inappropriate or defective equipment, inadequate supervision, and improper instruction. I further make this agreement releasing Releasees from liability for ordinary negligence on behalf of myself, my family, estate, heirs, and assigns.
B) I voluntarily assume and accept all inherent risks and potential hazards involved in Activities provided by the Releasees. I understand that the Activities may include, but are not limited to stretching, movement, leaping, dancing, acting, stage combat, adult language, adult themes, and improvisation – any of which have inherent risks. These risks can be minor (e.g., sprains, bruises), major (e.g., broken bones, concussion), or catastrophic (e.g., heart attack, paralysis, or death). I understand that I am strongly advised to obtain comprehensive medical insurance prior to engaging in the Activities.
C) I agree to hold harmless, defend, and indemnify AL and HC (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) from 1) any and all claims of mine, my spouse, estate, heirs, or assigns arising from my injury or loss due to my participation with AL and HC and 2) against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of participation with AL and HC.
D) I hereby grant to AL and HC the right to: (1) photograph, video, and audio record the undersigned during any class or event offered by AL and HC and (2) reproduce, distribute, display, create derivative works of and otherwise use the undersigned’s likeness for any legitimate purposes by any media. I hereby waive any right that I may have to inspect or approve any photograph, video, audio recording, likeness, or derivative work thereof (collectively, the “Material”). I have no right to control the use of the Material, and I will not receive any payment or other compensation in connection with the use of the Material. I agree that photography, video, and audio recording during any class or event offered by AL and HC is prohibited without the express written permission of AL and HC.
E) I agree that all disputes, controversies, or claims arising out of my participation with AL and HC shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association in effect at the time of the claim.
F) I also authorize AL and HC to secure emergency medical care and transportation in the event I am incapacitated and I assume financial responsibility for any expenses.
G) I assert that 1) this agreement supersedes and replaces all previous agreements, whether oral or written, between parties on the subject matter contained within, and 2) that this is the entire agreement between AL and HC and me.
H) I further assert that the foregoing Waiver of Liability, Assumption of Risk, Indemnification Agreement, and Authorization 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) I also understand that if legal action is brought, in spite of plaintiff’s agreement to arbitrate and waive liability, the appropriate trial court for the County of Alameda in the State of California has the sole and exclusive jurisdiction and that only the substantive laws of the State of California shall apply.
J) I understand that participation in any Activity offered by AL and/or HC does not constitute a physician-patient relationship, and that any information or feedback provided is not medical advice applicable to any specific situation. I understand that I should consult my own physician for evaluation and treatment of any medical or mental health condition.
Acknowledgment of Understanding: I have read this Waiver of Liability, Assumption of Risk, Indemnity, And Authorization Agreement fully understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am agreeing freely and voluntarily, and intend my agreement to be a complete and unconditional release of all liability due to ordinary negligence by Releasees or the inherent risks of the activity, to the greatest extent allowed by law in the State of California.
CHANGES TO SERVICES: We may change these provisions at any time. For example, we may add, delete or amend terms.
I hereby represent and warrant that I am at least 18 years old and able to enter into this agreement. If I am enrolling my minor child(ren)/ward(s), I represent and warrant that I am at least 18 years old and that I have full authority as parent or legal guardian to also bind said minor participants to this Agreement and I hereby bind them and myself to this Agreement.