Waiver of Liability
RELEASE/WAIVER OF LIABILITY, INDEMNIFICATION and ASSUMPTION OF RISK AGREEMENT (“Agreement”)
PLEASE CAREFULLY READ THE TERMS OF THIS AGREEMENT BEFORE SIGNING IT.
This is a legally binding Agreement between (“YOU”/ “YOUR”) and POLE SPORT ORGANIZATION LLC, a California limited liability company (“PSO”), effective as of the date of YOUR execution of this Agreement and is applicable to YOUR attendance, assistance with, and/or participation in any PSO Event.
PSO arranges, organizes, and/or presents pole dance, lyra dance, and/or silks dance competitions and/or events (“PSO Event”). The term “PSO Event” as used herein shall include any and all training and/or rehearsals leading up to a competition and/or event and any travel to and from the same.
The term “Aerial Arts” as used this Agreement shall mean any pole dance, lyra dance, and/or silks dance activities, performances, competitions, training, rehearsals, facilities and/or events and shall mean to include, without limitation, YOUR observance of, assistance with, participation in, performance in, attendance in, and/or YOUR act of judging, volunteering, assisting, training for, competing in, rehearsing for, and/or use of facilities and/or equipment pertaining to any pole dance, lyra dance, and/or silks dance activity, performance, competition, rehearsal, facility and/or event, including any PSO Event.
In consideration for being permitted by PSO to participate in, assist with, and/or attend (to any extent) any PSO Event as a participant, performer, competitor, judge, assistant, volunteer, and/or in any other capacity or role, and for other good and valuable consideration, the receipt and sufficiency of which is hereby conclusively acknowledged and agreed, YOU, the undersigned, agree as follows:
1. YOU agree and acknowledge that YOUR attendance, assistance, and/or participation in any PSO Event or Aerial Arts, in any capacity or role, is completely voluntary and of YOUR own free act and deed.
2. AERIAL ARTS ARE A HAZARDOUS ACTIVITY. YOU AGREE, UNDERSTAND, AND ACKNOWLEDGE THAT AERIAL ARTS ARE CONSIDERED A HAZARDOUS ACTIVITY AND THAT THERE ARE CERTAIN INHERENT RISKS ASSOCIATED WITH ATTENDING, ASSISTING WITH, AND/OR PARTICIPATING IN SUCH ACTIVITY THAT CANNOT BE ELIMINATED. YOU agree, understand, and acknowledge that YOUR observance of, attendance in, assistance with, and/or participation in any Aerial Arts at any PSO Event, (including YOUR training or rehearsal for the same) to any extent, exposes YOU to certain risks, including without limitation, to major and/or minor bodily harm and/or injuries as well as psychological harm and emotional distress. Minor bodily harm and/or injuries include without limitation, bruises, scratches, cuts, and strains. Major bodily harm and/or injuries include without limitation, heart attacks, strokes, brain damage, serious neck and spinal injuries (which could result in complete or partial paralysis), serious injury to bones, joints, muscles, and/or internal organs, partial or permanent disability, and even death.
**Also included in these risks are same or similar harm and/or injuries that may result from YOUR training, rehearsing, use of the facilities and/or equipment, the act of others or inactions of others, YOUR own actions or inactions, the unavailability of emergency staff or emergency medical care, and/or traveling to and from any PSO Event and/or Aerial Arts (All such risks and potential risks are collectively referred to herein as “Risks”). ALL OF THESE RISKS WILL BE PRESENT WHEN YOU OBSERVE, ATTEND, ASSIST WITH, AND/OR PARTICIPATE IN ANY PSO EVENT AND/OR AERIAL ARTS, IN ANY CAPACITY OR ROLE.
3. ASSUMPTION OF RISK. HAVING READ THE PRECEDING SECTION AND FULLY UNDERSTANDING THE RISKS INVOLVED IN ATTENDING, OBSERVING, ASSISTING WITH, AND/OR PARTICIPATING IN ANY PSO EVENT AND/OR AERIAL ARTS, TO ANY EXTENT, AS A PARTICIPANT, PERFORMER, COMPETITOR, JUDGE, ASSISTANT, VOLUNTEER, AND/OR IN ANY OTHER CAPACITY OR ROLE, YOU HEREBY AFFIRM THAT: (1) YOU ARE KNOWINGLY AND VOLUNTARILY ATTENDING, ASSISTING, AND/OR PARTICIPATING IN A PSO EVENT AND/OR ARIEL ARTS; (2) YOU ARE AWARE OF ALL THE RISKS INVOLVED (BOTH KNOWN AND UNKNOWN), INCLUDING WITHOUT LIMITATION, THE RISK OF DEATH, SERIOUS BODILY INJURY, EMOTIONAL DISTRESS AND; (3) AGREE TO VOLUNTARILY ASSUME ALL RISKS AND FULL RESPONSIBILITY FOR ANY LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY, INCLUDING DEATH, THAT MAY OR CAN ARISE OUT OF YOUR ATTENDANCE, OBSERVANCE, ASSISTANCE WITH, AND/OR PARTICIPATION IN ANY PSO EVENT AND/OR AERIAL ARTS (INCLUDING REHEARSALS FOR, TRAINING FOR, AND/OR TRAVEL TO AND FROM, ANY PSO EVENT OR AERIAL ARTS), EVEN IF ARISING FROM THE NEGLIGENCE OF OTHERS, INCLUDING PSO OR PSO PARTIES.
4. YOU acknowledge, agree and represent that, immediately upon entering any PSO Event or the venue of any PSO Event, YOU will inspect such venue, facilities, and any and all equipment therein. YOU further warrant that YOUR entry in any PSO Event for observation, attendance, assistance, participation, and/or use of any facilities or equipment is an acknowledgment that such PSO Event and venue, and all facilities and equipment inside have been inspected by YOU, and that YOU find and accept the same as being safe and reasonably suited for the purposes of such observation, attendance, assistance, participation, and/or use.
5. RELEASE/WAIVER OF LIABILITY/COVENANT NOT TO SUE.
YOU, ON BEHALF OF YOURSELF, AND ON BEHALF OF YOUR SPOUSE, HEIRS, EXECUTORS, ESTATE, SUCCESSORS AND ASSIGNS, BENEFICIARIES, TRUSTEES, REPRESENTATIVES, LEGAL REPRESENTATIVES, AND INSURERS (COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS THE “RELEASORS”), HEREBY FULLY AND FOREVER RELEASE, WAIVE, ACQUIT, AND DISCHARGE ANY AND ALL CLAIMS (INCLUDING CLAIMS OF NEGLIGENCE), CAUSES OF ACTION, DEMANDS, AND LIABILITIES THAT YOU AND/OR THE RELEASORS HAVE, MAY HAVE, OR HEREAFTER ACQUIRE AGAINST PSO, AND ANY OF ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INSTRUCTORS, VOLUNTEERS, AGENTS, REPRESENTATIVES, PARTICIPANTS, ATTENDEES, EXECUTORS, HEIRS, SUCCESSORS AND ASSIGNS, TRUSTEES, INSURERS, AFFILIATES, CO-VENTURERS, JOINT-VENTURERS, ASSOCIATES, BENEFICIARIES, PREDECESSORS, PARENT COMPANIES, SUBSIDIARIES, AND ADMINISTRATORS (COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS THE “PSO PARTIES”), AND PROMISE NOT TO SUE PSO AND ANY PSO PARTIES, FOR ANY LOSS, DAMAGES, AND/OR HARM SUFFERED OR INCURRED (INCLUDING WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, AND/OR YOUR DEATH), ARISING OUT OF, RELATED TO, AND/OR IN CONNECTION WITH YOUR ATTENDANCE, OBSERVANCE, ASSISTANCE WITH, AND/OR PARTICIPATION IN ANY PSO EVENT OR AERIAL ARTS, INCLUDING REHEARSALS FOR, TRAINING FOR, AND/OR TRAVEL TO AND FROM, ANY PSO EVENT OR AERIAL ARTS (“RELEASE OF LIABILITY”).
This Release of Liability, includes without limitation, injuries or damages which may result from or be caused by the negligence of PSO or others, a pre-existing medical condition, physical overexertion, physical contact with other participants or instructors, slipping or tripping and falling due to a dangerous condition of the property at a PSO Event, improper maintenance of the venue or equipment at a PSO Event, inadequate security, inadequate supervision, inadequate emergency medical response or care, and/or improper or negligent instruction and/or direction. YOUR OBLIGATION WITH RESPECT TO THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
6. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PSO AND THE PSO PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, LOSSES, OBLIGATIONS, DAMAGES, EXPENSES, JUDGMENTS, FINES, SETTLEMENTS, AND OTHER AMOUNTS THAT MAY INCUR OR BE SUFFERED BY THEM IN CONNECTION WITH ANY PROCEEDING, ARISING BY REASON, OR RELATED TO, OR IN CONNECTION WITH THE FOLLOWING: YOUR OBSERVANCE, ATTENDANCE, ASSISTANCE WITH, AND/OR PARTICIPATION IN ANY PSO EVENT OR AERIAL ARTS, INCLUDING REHEARSALS FOR, TRAINING FOR, AND/OR TRAVEL TO AND FROM, ANY PSO EVENT OR AERIAL ARTS. THE TERM “PROCEEDING” AS USED IN THIS SECTION SHALL MEAN ANY THREATENED, PENDING OR COMPLETED ACTION OR PROCEEDING, WHETHER CIVIL, CRIMINAL, ADMINISTRATIVE OR INVESTIGATIVE; AND THE TERM “EXPENSES” AS USED IN THIS SECTION SHALL INCLUDE WITHOUT LIMITATION ANY AND ALL ATTORNEYS’ FEES AND ANY EXPENSES OF ESTABLISHING A RIGHT TO INDEMNIFICATION. YOUR OBLIGATION WITH RESPECT TO THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
7. MEDICAL EXAM/CHECKUP.
a. If YOU are competing and/or performing at any PSO Event or in any Aerial Arts related to a PSO Event (or assisting any performer or competitor in the same), YOU represent, warrant and certify that YOU have obtained a proper and appropriate medical exam/checkup, prior to commencing any training or rehearsals for any PSO Event or any Aerial Arts related to a PSO Event, from a qualified licensed medical doctor (“YOUR physician”), to verify that any and all activities that you will be engaging in at any PSO Event, or in any Aerial Arts related to a PSO Event, are safe and appropriate for YOUR physical and medical condition and that YOU have NOT been advised by YOUR physician to NOT participate in any PSO Event or Aerial Arts.
b. YOU further represent, warrant and certify that YOU are physically fit and have no health-related reasons or problems that preclude or restrict YOUR observance, attendance, assistance with, and/or participation with any PSO Event or Aerial Arts.
8. CONSENT TO MEDICAL TREATMENT. YOU hereby give full consent to first aid type medical treatment, emergency medical care, and, if necessary, admission to a hospital for executing medical care or treatment, for injuries or physical harm that YOU may incur or sustain while observing, attending, assisting with, and/or participating in any PSO Event and/or Aerial Arts. If YOU require medical treatment, YOU agree to be financially responsible for any and all costs incurred as result of such treatment and YOU are aware and understand that YOU should carry YOUR own health insurance. YOU, ON BEHALF OF YOURSELF, AND ON BEHALF OF YOUR RELEASORS, HEREBY FULLY AND FOREVER RELEASE, WAIVE, ACQUIT, AND DISCHARGE ANY AND ALL CLAIMS (INCLUDING CLAIMS OF NEGLIGENCE), CAUSES OF ACTION, DEMANDS, AND LIABILITIES THAT YOU AND/OR YOUR RELEASORS HAVE, MAY HAVE, OR HEREAFTER ACQUIRE AGAINST PSO AND ANY PSO PARTIES, AND PROMISE NOT TO SUE PSO AND ANY PSO PARTIES, FOR ANY LOSS, DAMAGES, AND/OR HARM SUFFERED OR INCURRED ARISING OUT OF, RELATED TO, AND/OR IN CONNECTION WITH YOU RECEIVING ANY TYPE OF MEDICAL TREATMENT OR CARE TO ANY EXTENT, AS A RESULT OF OBSERVING, ATTENDING, ASSISTING WITH, AND/OR PARTICIPATING IN ANY PSO EVENT AND/OR AERIAL ARTS, WHEREVER, WHENEVER, HOWEVER, AND BY WHOMEVER THAT MEDICAL TREATMENT IS PROVIDED.
9. RIGHT OF PUBLICITY. By attending, assisting with, and/or participating in any PSO Event, or in any activity connected with or related to PSO or a PSO Event, whether indoors or outdoors, YOU hereby give consent to and grant PSO the unrestricted, worldwide, royalty‐free right to use, reproduce, publish and otherwise distribute your name, any photographs, pictures, film or videotape taken of YOU and/or provided by YOU, YOUR presence, YOUR personal story and/or YOUR likeness (collectively herein as “Likeness”) for marketing, advertising and in promotional materials in any and all formats, platforms or other media (including digital, print, television, and social media) now existing or hereafter created, and YOU hereby expressly waive any right of publicity, privacy, compensation, copyright or other ownership right connected to the same and YOU HEREBY FOREVER RELEASE, ACQUIT, AND DISCHARGE PSO AND ALL PSO PARTIES FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, AND LIABILITIES ARISING OUT OF, RELATED TO, AND/OR IN CONNECTION WITH THE USE OF YOUR LIKENESSES.
10. GOVERNING LAW AND VENUE. YOU EXPRESSLY AGREE THAT THE PROVISIONS IN THIS AGREEMENT REGARDING YOUR ASSUMPTION OF RISK, RELEASE/WAIVER OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION ARE 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 and that this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. YOU further irrevocably agree that the venue for any claim or counterclaim related to this Agreement or YOUR observance, attendance, assistance, and/or participation in any PSO Event shall be in Los Angeles County, State of California.
11. No amendment, modification, or supplement to this Agreement shall be binding unless it is in writing and signed by an executive of PSO. This Agreement constitutes as the entire agreement between YOU and PSO. This Agreement supersedes all previous agreements whether oral or written. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such provisions shall be stricken from this Agreement, and shall not affect the legality, enforceability, or validity of the remainder of this Agreement. Any ambiguity in this Agreement shall not be interpreted against PSO.
12. All signatures to this Agreement transmitted by facsimile, electronic transmission, electronic mail (including PDFs and scanned signatures) and/or in digital form shall be treated as a valid and original signature in all respects. Furthermore, this Agreement may be electronically signed through the use of DocuSign or other similar electronic signature software. Electronic signatures complying with the U.S. federal ESIGN Act of 2000, as amended, California’s Uniform Electronic Transactions Act, as amended, or other applicable law shall be the equivalent of manual signatures and treated as valid and original signatures in all respects. All executed and signed copies of this Agreement will be deemed valid under the law.
13. This Agreement shall be binding upon YOUR heirs, executives, representatives (including legal representatives), successors and assigns and shall inure to the benefit of the successors, assigns, representatives and legal representatives of PSO.
14. YOU, THE UNDERSIGNED, FURTHER REPRESENT AND WARRANT:
A) THAT YOU ARE 18 YEARS OF AGE OR OLDER AND ARE DULY AUTHORIZED AND HAVE LEGAL CAPACITY TO EXECUTE AND DELIVER THIS AGREEMENT;
B) YOU HAVE CAREFULLY READ THIS AGREEMENT AND ARE VOLUNTARILY SIGNING THIS AGREEMENT OF YOUR OWN ACCORD;
C) YOU AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM WHAT IS STATED IN THIS AGREEMENT HAVE BEEN MADE;
D) YOU UNDERSTAND THAT THIS A LEGALLY BINDING AGREEMENT AND UNDERSTAND THE LEGAL CONSEQUENCES OF SIGNING THIS AGREEMENT, INCLUDING (1) RELEASING PSO AND PSO PARTIES FROM LIABILITY AS STATED IN THIS AGREEMENT, (2) PROMISING NOT TO SUE PSO AND PSO PARTIES, (3) INDEMNIFYING PSO AND PSO PARTIES AS STATED IN THIS AGREEMENT, AND (4) ASSUMING ALL RISKS OF OBSERVING, ATTENDING, ASSISTING WITH, AND/OR PARTICIPATING IN ANY PSO EVENT OR AERIAL ARTS (INCLUDING REHEARSALS FOR, TRAINING FOR, AND/OR TRAVEL TO AND FROM, ANY PSO EVENT OR AERIAL ARTS); AND
E) YOU HAVE NO QUESTIONS TO ASK PRIOR TO SIGNING THIS AGREEMENT AND HAVE HAD THE OPPORTUNITY TO CONSULT YOUR ATTORNEY BEFORE SIGNING THIS AGREEMENT.