IN CONSIDERATION OF the risk of injury that exists while participating in, attending, instructing, observing, or otherwise using the studio space, facilities, or services of The Wave Room, including but not limited to classes, rehearsals, performances, rentals, private sessions, photography, wellness activities, and community events (hereinafter the “Activity”); and
IN CONSIDERATION OF my desire to voluntarily participate in said Activity and being given the right to participate in the same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I,” or “me,” which terms shall also include Releasor’s parents or guardian if Releasor is under eighteen (18) years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims, or causes of action of any kind arising out of my participation in the Activity;
I HEREBY RELEASE AND FOREVER DISCHARGE THE WAVE ROOM, MACKY DESIGNS LLC, its owners, operators, landlords, affiliates, managers, members, agents, employees, contractors, independent instructors, renters, volunteers, representatives, successors, and assigns (collectively, “Releasees”), from any and all liability for any physical or psychological injury, illness, damages, or loss that I may suffer as a direct or indirect result of my participation in the Activity or presence on the premises.
I UNDERSTAND THAT I MAY BE PARTICIPATING IN ACTIVITIES HOSTED BY INDEPENDENT INSTRUCTORS, RENTERS, OR THIRD PARTIES WHO ARE NOT EMPLOYEES OF THE WAVE ROOM, AND I AGREE THAT THE WAVE ROOM IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR CONDUCT OF SUCH THIRD PARTIES.
IF I AM SIGNING AS A RENTER, Instructor, Facilitator, or Event Host, I acknowledge that I am acting as an independent contractor and that The Wave Room is not responsible for the content, instruction, advice, or methods I provide. I agree to conduct all activities in a safe and professional manner and to comply with all TWR Rules of Conduct. I further agree to indemnify, defend, and hold harmless The Wave Room and its Releasees from any claims, suits, damages, or losses, including attorneys’ fees, arising out of or related to my activities, sessions, classes, or events conducted at TWR. I understand that TWR may require proof of general liability and/or professional liability insurance prior to my first session or event.
I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY AND THAT I AM DOING SO ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE RISKS MAY RESULT FROM MY OWN ACTIONS OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHERS (INCLUDING OTHER PARTICIPANTS, INSTRUCTORS, OR VISITORS), OR THE CONDITION OF THE FACILITY OR EQUIPMENT. NONETHELESS, I ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, TO THE FULLEST EXTENT PERMITTED BY LAW.
I FURTHER ACKNOWLEDGE THAT CERTAIN ACTIVITIES MAY INVOLVE SOME DEGREE OF PHYSICAL CONTACT, INCLUDING HANDS-ON INSTRUCTION OR CORRECTION, AND I CONSENT TO SUCH CONTACT AND ASSUME ANY RISKS ASSOCIATED WITH IT.
I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorneys’ fees and related costs, arising out of or related to my participation in the Activity or use of the premises.
I FURTHER ACKNOWLEDGE that the Releasees are not responsible for any loss, theft, or damage to personal property brought onto the premises.
IN THE EVENT THAT I REQUIRE MEDICAL CARE OR TREATMENT, I AUTHORIZE THE WAVE ROOM AND ITS REPRESENTATIVES TO PROVIDE OR ARRANGE FOR EMERGENCY MEDICAL CARE, INCLUDING FIRST AID, CPR, AED USE, OR TRANSPORTATION. I AGREE TO ASSUME ALL COSTS ASSOCIATED WITH SUCH CARE AND ACKNOWLEDGE THAT I AM RESPONSIBLE FOR MAINTAINING MY OWN HEALTH INSURANCE.
I AGREE THAT I WILL NOT PARTICIPATE IN ANY ACTIVITY UNLESS I AM MEDICALLY ABLE AND PHYSICALLY CAPABLE, AND I AGREE TO FOLLOW ALL RULES, POLICIES, AND INSTRUCTIONS PROVIDED BY THE WAVE ROOM OR ITS REPRESENTATIVES.
TO THE EXTENT PERMITTED BY FLORIDA LAW, THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE NEGLIGENCE OF THE RELEASEES.
I AGREE that this Release shall be governed by the laws of the State of Florida and that it is intended to be as broad and inclusive as permitted by such laws. This Agreement supersedes any prior oral or written agreements.
IN THE EVENT that any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
I FURTHER AGREE that I am financially responsible for any damage to the facility, equipment, or property caused by my actions or the actions of any person under my supervision.
I GRANT THE WAVE ROOM THE RIGHT TO USE MY IMAGE, LIKENESS, OR VOICE IN ANY PHOTOGRAPH, VIDEO, OR RECORDING FOR PROMOTIONAL OR COMMERCIAL PURPOSES, IN PERPETUITY, WITHOUT COMPENSATION.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE RELEASEES FROM ANY AND ALL CLAIMS AND VOLUNTARILY GIVE UP ANY RIGHT THAT I MAY HAVE TO BRING A LEGAL ACTION AGAINST THEM.
I AFFIRM THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE, OR THAT I AM THE PARENT OR LEGAL GUARDIAN OF A MINOR PARTICIPANT, AND THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY.
