Waivers
Hall of Fame Dance Challenge, Inc.
Physical Injury Informational disclosure, liability waiver, appearance agreement, assumption of risk, and arbitration agreement.
Physical Injury
I (“I”, “me”, “Participant”), have elected, on a voluntary basis, and, if I am under the age of 18, with the acknowledgement and permission of my parent or legal guardian (individually and collectively referred to herein as “Guardian”), to participate in dance and other athletic performance-related activities (individually and collectively, “Activities”) for which I am registered with Hall of Fame Dance Challenge, Inc. (“Company”), which may include, without limitation, participation in Hall of Fame Dance Challenge, League of Champions National Dance Competition, and/or events to be named subsequent to the date hereof (individually and collectively, “Events”). I and my Guardian hereby represent and warrant that: (i) I am aware that participation in the Activities presents certain risks, (including, without limitation, brain injury, severe bodily harm and/or death) and I am aware that equipment problems and human error can contribute to or cause such injuries; (ii) I am aware that my risk of injury may be increased if I suffer from conditions that may be affected by physical exertion, and I represent and warrant that I am in good health and do not suffer from any such condition(s) (including, but not limited to neck, back, heart problems and pregnancy); (iii) no representations of any kind have been made to me by Company or Company’s employees or personnel regarding my ability to participate in the Activities; and (iv) my participation in the Activities is not employment and is not subject to any union or collective bargaining agreement, and does not entitle me to wages, salary, corporate benefits, unemployment or workers’ compensation benefits, or other compensation. I knowingly and voluntarily assume all risks associated with the Activities, and I and my Guardian unequivocally agree to incur and assume such risks as a condition to my participation in the Activities. I represent and warrant that I have reviewed this waiver (“Waiver”) with my Guardian and I have obtained the permission of my Guardian to enter into this Waiver, as evidenced by my Guardian’s signature/s below. I and my Guardian agree and acknowledge that this Waiver is applicable to all Company Events and all Activities in which I participate at any time and is a perpetual Waiver for all such Events and Activities.
I and my Guardian agree and acknowledge that I may only attend Events under the supervision of a chaperone who is at least 21 years of age (“Chaperone”), that such Chaperone is responsible for my supervision at all times, and that Company is not responsible in any way or to any extent for supervision of me or for my welfare during my attendance at Events and participation in Activities.
Appearance Agreement
I understand that Hall of Fame Dance Challenge, Inc. from time to time produces audio-visual programs, promotions, and other materials relating to its Events. I and my Guardian hereby grant Company and its agents, successors, assigns and licensees the perpetual right to use my name, likeness, biographical information, photographs, voice, personal characteristics, and other personal identification (collectively "Likeness") and any digital, videotape, sound and audio-visual recordings in any way (collectively "Recordings") in any and all manner and media, now known or hereafter devised, throughout the world, for any and all purposes including, without limitation, in productions and in connection with the advertising and promotion of productions and/or Company, provided that Company is under no obligation to exercise any of the foregoing rights.
Dispute Resolution
I, on behalf of myself, my child, and my heirs, successors and assigns, hereby acknowledge that the Company and I agree to the following Dispute Resolution Procedures.
(a) Any and all disputes arising from the Competition shall be submitted to mediation, and if the dispute is not resolved in mediation, then arbitration, in accordance with the applicable commercial arbitration rules of the American Arbitration Association (“AAA”), except as those rules conflict with applicable Florida law. For the avoidance of doubt, any dispute regarding the effectiveness of this waiver or dispute resolution provision shall itself be subject to the duty to mediate and then arbitrate the dispute. The fees and costs of the arbitrator and the arbitration and administrative fees shall be borne equally by the parties. The AAA’s procedures are publicly available and may be found on the AAA’s website (www.adr.org).
(b) Any arbitration hearings shall be held in Ft. Lauderdale, FL, unless the Company and I mutually agree otherwise. All substantive rights provided under any applicable statute and/or law, the right to representation by counsel, an opportunity for reasonable discovery, a neutral arbitrator, a fair arbitral hearing, and a written arbitral award containing findings of facts and conclusions of law shall be available in the arbitration.
(c) The award issued by the arbitrator shall be final and binding on me, my child, my heirs, successors and assigns and the Company, and judgment on the award may be entered in any court of competent jurisdiction fully in accordance with the Federal Arbitration Act, or analogous state law, with the intent of adhering to the national policy favoring the arbitration of disputes. In any action to enforce an Arbitration Award, the prevailing party will be entitled to reimbursement of its costs and fees, including reasonable attorneys’ fees.
(d) I fully understand and agree that this arbitration provision constitutes a waiver of my right (and that of my child, and my heirs, successors and assigns) to adjudicate all claims in court and before a jury, and the parties are instead opting to arbitrate any such claims. Further, to the extent permitted by law, I agree that I may not assert any claim against the Company, its owners, subsidiaries, affiliates, employees and/or agents or any of the Indemnified beyond the sooner of the applicable statute of limitations or 180 days after the occurrence of any act allegedly giving rise to such claim.
IN CASE OF EMERGENCY, I and my Guardian authorize Hall of Fame Dance Challenge, Inc. and Hall of Fame’s agents, employees, representatives, and contractors, to arrange for or provide such medical assistance to me as any of them deems necessary, and authorize any physician, other medical or paramedical provider, and any medical facility to provide medical or surgical care, including without limitation anesthetization and hospitalization, which any of them may determine to be necessary or advisable, pending receipt of a specific consent from me. If my condition renders me incapable (as determined by Company and/or medical provider) of providing a specific consent at the time that medical provider present determines any treatment to be necessary and/or advisable in such the medical provider’s sole discretion, I and my Guardian authorize such provider to administer such treatment without the need for further consent. I and my Guardian acknowledge that I will be responsible for paying for any medical treatment that I may receive as a result of injuries or illness suffered during my attendance and/or participation in the Events and Activities.
FOR CALIFORNIA ONLY
It is my understanding that this agreement will be effective as a full and final accord and satisfaction and release of all claims and rights, whether known or unknown. In furtherance of this intention, I acknowledge familiarity with Section 1542 of the Civil Code of the State of California, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
I expressly waive and release any right or benefit which I may have under § 1542 of the Civil Code of the State of California to the fullest extent that I may waive such rights and benefits pertaining to the matters released in this agreement. It is my intention, through this agreement, to fully and finally waive and release all claims I may have against the Company or the Indemnified, whether known or unknown, as of the effective date of this Release.
ATTESTATION:
I am at least 18 years old. I have read this waiver, assumption, indemnification and arbitration agreement carefully. I fully understand its terms. I executed this Agreement knowingly, freely, and voluntarily without any inducement, duress or coercion, intending to be legally bound.
Hall of Fame thanks you for your understanding and loyalty.
