LIABILITY WAIVER

Purpose

This form is to be signed by each participant (or the parent/guardian of any participant

who is considered under the local law where activities take place as a minor) involved in

any activity of the Elevate Ballet Training (hereinafter EBT), including but not limited

to: full year training, masterclasses, short visits, intensives, Summer School and Winter School.

Liability Release

THIS IS A RELEASE OF LIABILITY. Participant knowingly and voluntarily waives, releases, exculpates, and discharges EBT and any related third-party entities or contractors from and against any and all Potential Liabilities connected with the EBT organised activities and events. By signing this form, the Participant voluntarily agrees to discharge EBT and any related third-party entities or contractors in advance from all such Potential

Liabilities.

The Participant agrees to comply with EBT Code of Conduct as well as all other rules and regulations implemented during EBT activities and events that will be communicated to participants. These may be revised from time to time.

Indemnification

The Participant agrees to hold harmless and indemnify EBT from and against Potential Liabilities related to or arising from Participant’s involvement in the EBT organised event or activity.

Assumption of Risk

The Participant understands and acknowledges that there are risks, including significant risks, inherent in all activities that can result in loss, damages, injury, or death, including, without limitation:

·

Premises risks, including those that may be owned by others;

·

Injury risks from falls, collisions, or accidents (such as cuts, bruises, torn muscles, sprains, broken bones, concussion, etc.);

·

Outdoor risks, such as weather, lightning, heat or cold, insect bites/stings, allergic reactions to plants, dehydration, hypo/hyperthermia, drowning, sunburn, animals, and limited access to medical care/medical provision;

·

Risks from others involved in the EBT organised activities, such as transmitted illnesses or others’actions.

·

Health risks, such as allergic reactions, heart or respiratory events as well as other risks inherent in any strenuous activities, including things identified as “injury risks”herein;

·

Equipment risks, including failure, misuse, inherent risks, and risks from EBT (or other organizations’ that EBT enters into agreement with) equipment and facilities.

·

Other risks and hazards beyond the control of EBT, including criminal acts that can result in serious injury or death.

The Participant acknowledges that they have had an opportunity to investigate EBT and

its activities before executing this form and, knowing and understanding all risks associated with the Program, Participant nevertheless VOLUNTARILY AGREES TO ASSUME AND ACCEPT ALL RISKS that potentially accompany participation in EBT activities. 

Participant and their parents/ guardians, in case of minors, also agree to take all reasonable steps to avoid any risks, injury, or death.

Health Care and Emergencies

EBT does not accept responsibility or liability for providing health care services or health care insurance for Participant. Participant should consult their own medical care provider and warrants their physical fitness to participate in EBT activities and events. Participant and Participant’s parent or guardians agree to provide necessary supervision of all activities associated with EBT activities and events, and further agree and understand

that they shall be solely responsible for responding to and for the payment of all healthcare events and other emergencies. 

Participant agrees to maintain throughout their participation in EBT activities and events valid and sufficient medical and accident insurance. Participants accept that this is their sole responsibility, and release EBT and entities affiliated with it from providing coverage for participants.

Participant agrees to be responsible for the payment of any fees and charges that may be imposed by any doctor or hospital facility in the provision of medical care to Participant. 

Further, Participant agrees to indemnify and hold EBT harmless from any claim that may be made by a doctor or medical facility of said fees and charges incurred in the provision of medical care to Participant.

EBT staff cannot provide nor administer medication, whether prescribed or over the counter, to any EBT activities and events’participant. Participants who regularly take medication should make sure that they bring enough for the duration of their stay and that they are able to self-administer them. 

EBT does not accept responsibility or liability for participants self-administering any type of medication, including controlled substances. 

EBT does not accept responsibility or liability for participants handling prescribed controlled substances.

Participants agree to report and list their current healthcare conditions as well as medications they are taking, prescribed or otherwise. 

They also agree to follow all rules, regulations and health guidelines implemented by EBT.

Participants agree to report all health conditions and, if requested due to the nature of the event, to fill in the health questionnaire fully and truthfully.

Participants authorise EBT to search for and arrange medical care for them if it is deemed necessary by EBT staff.

In the event an illness or injury occurs during his/her participation at EBT organized activity or event, participants further grant permission to the treating physician or other health care providers to employ such diagnostic procedures and medical treatment deemed necessary.

Participants understand and agree that they are financially responsible for all charges and hereby guarantee full payment to the physician or health care units.

Communicable diseases Acknowledgement and Assumption of Risk

By signing this Liability Waiver, I understand communicable diseases can be extremely contagious disease that can lead to severe illness or even death. Based upon my personal knowledge and available information, I understand that there is an inherent risk of exposure to communicable diseases in any place where people are present. 

I further understand that participation in EBT activities, including classes, events, programs, and activities may expose the Participant to a risk of contracting communicable diseases. 

I acknowledge the risk of such exposure or infection, notwithstanding the efforts EBT and other institutions are taking to limit such exposure or infection, and I voluntarily assume such risk.

 I acknowledge that even if the Participant and EBT use all reasonable care in their actions, there is still a risk that the Participant may become exposed to or infected with communicable diseases while on locations, or while taking part in EBT organized activities and events.

EBT and other organisations EBT enters into agreement with have the right to implement the necessary rules, regulations, and protocols relating to communicable diseases, including the observance of social distancing guidelines, maintenance of personal hygiene requirements, use of personal protective equipment, cooperation with contact tracing, and compliance with isolation or quarantine requirements. 

The Participant agrees to comply with all Health and Safety Rules and Requirements implemented by EBT and

other collaborating organisations, which may be revised from time to time.

Conduct

Participant agrees, for the duration of the EBT activities and events, to abide by all applicable levels of law, be it national, federal, state, and local laws, as well as EBT Code of Conduct and other rules of regulations of the institution. Participant also agrees to follow posted signs as well as instructions and directions of EBT/staff from other organisations that EBT enters into agreements with.

Photography

Participant acknowledges that photographs and possible video/audio recordings may be taken and irrevocably and perpetually authorizes EBT to broadcast these images and/or video/audio recordings. Participant releases and discharges EBT from any potential claims related to the broadcast or use of their image, and any potential claims related to the work. Participant waives any right to inspect or approve the work or the broadcast of their image.

This agreement shall be interpreted in accordance with applicable law. This is the entire agreement of the parties, and any changes must be in writing.

Definitions

The following terms have the stated meaning when used in this document:

· Applicable Law –Depending on the location of the activity/event organised and held by EBT. EBT does not waive, but reserves, all immunities.

· Broadcast - to use, reuse, broadcast, publish and/or copyright, in whole or in part, for advertising, promotion, publicity, trade, educational, commercial, merchandising, packaging, public relations and media purposes, in all media, worldwide without limitation, in perpetuity.

· Image - image, picture, name, biographical information, voice, statements, recordings or interviews made by or attributable to the person who is appearing in the work, verbatim or otherwise, photographic portraits, drawings, visual representations, video tapes, motions pictures, or other use of likeness in whole or in part, and any reproductions thereof.

Participant – the person participating in any EBT activity or event or any EBT employee (regular or temporary), 3rd party employee, student, or volunteer working in any capacity to facilitate or support the EBT activity/event. If the Participant is a minor according to the law where the EBT activity of event is organised, or is under some form of court-ordered guardianship or custodial arrangement, permission and acknowledgement by a parent/guardian is required. By signing and submitting this liability waiver by any means of communication, be it online or in paper, it is implied that it is signed by the legal guardian of the participant if they are minors at the time of their participation in any EBT organised event or activity.

· Potential Liabilities or Claims – any and all loss, injury, death, claims, actions, suits, proceedings, settlements, damages, costs, fees, and expenses, at law or equity, known and unknown, foreseen and unforeseen, including, but not limited to, attorney fees and costs of litigation, and liabilities arising out of, connected with, or resulting from the Participant’s involvement in the Program, such as medical expenses, other costs, injury, sickness, or death. Additionally, potential claims related to the use of the Participant’s image may refer to any liability, damages (compensatory or punitive), claims, or causes of action whatsoever, including, without limitation, claims for invasion of privacy, defamation of character or any alteration, distortion or illusionary effect, whether intentional or otherwise.

· EBT activities –including all activities incidental or connected therewith, such as housing, dining, training, activities, and transportation. Programs may require transit between two or more locations. The terms of this document will apply regardless of Program location, including to and from the event(s).

· EBT -The Board of The Elevate Ballet Training (EBT), including their respective members, employees, agents, representatives, and volunteers.

· Work – the finished product and any material used in connection therewith.

Acknowledgement

*If Participant is under the age of 18, a Parent/Guardian must execute this

document.

I, AS PARTICIPANT OR PARENT/GUARDIAN, ACKNOWLEDGE THAT I HAVE READ

AND UNDERSTAND THIS ENTIRE DOCUMENT (CONSISTING OF FIVE PAGES) AND,

RELYING WHOLLY UPON MY OWN JUDGMENT, BELIEF, AND KNOWLEDGE THE

RISKS ASSOCIATED WITH THE ACTIVITIES INVOLVED, WHICH INCLUDE SIGNIFI-

CANT INJURY OR DEATH, VOLUNTARILY AGREE TO EXECUTE THIS DOCUMENT

AND PARTICIPATE IN EBT ACTIVITIES AND EVENTS. I ACKNOWLEDGE THAT NO

ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS HAVE BEEN MADE

TO ME SEPARATE AND APART FROM THE TERMS OF THIS DOCUMENT. I VOL-

UNTARILY SIGN THIS AGREEMENT OF MY OWN FREE WILL FULLY INTENDING TO

LEGALLY BIND MYSELF, MY HEIRS, SUCCESSORS, AND ASSIGNS TO ITS TERMS.

Parent/Guardian Acknowledgement

(if applicable, i.e. participants under 18 years of age)

THE SIGNING PARENT/GUARDIAN CERTIFIES THAT THEY HAVE READ AND

UNDERSTOOD THIS DOCUMENT, UNDERSTANDS THE RISKS, INCLUDING INJURY

OR DEATH, ASSOCIATED WITH EBT EVENT, IS VOLUNTARILY ALLOWING PAR-

TICIPANT TO TAKE PART IN THE EBT ACTIVITIES AND EVENTS, HAS THE RIGHT

TO SIGN ON BEHALF OF THE PARTICIPANT, IS SIGNING THIS DOCUMENT VOL-

UNTARILY, ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS, STATEMENTS,

OR INDUCEMENTS HAVE BEEN MADE SEPARATE AND APART FROM THE TERMS

OF THIS DOCUMENT, AND AGREES TO ENTER INTO THE SAME, FULLY INTENDING

TO LEGALLY BIND PARTICIPANT, HIS/HER HEIRS, SUCCESSORS, AND ASSIGNS

TO THE TERMS OF THIS DOCUMENT.