Waiver and Release Form

Umpqua Movement Arts Collaboration (UMAC)

ASSUMPTION OF RISK. I recognize that the program may involve strenuous physical activity including but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities.

I AM FULLY AWARE OF THE RISKS AND HAZARDS CONNECTED WITH THE PARTICIPATION IN THE DANCE PROGRAM INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR EVEN DEATH. I HEREBY ELECT TO VOLUNTARILY PARTICIPATE IN THIS PROGRAM KNOWING THAT THE ASSOCIATED PHYSICAL ACTIVITY MAY BE HAZARDOUS TO ME AND OR MY PROPERTY. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME, OR LOSS OR DAMAGE TO PROPERTY OWNED BY ME, AS A RESULT OF PARTICIPATION IN THIS PROGRAM.

FITNESS TO PARTICIPATE. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or otherwise limit my full participation in this dance program.

INDEMNIFICATION. I hereby release, waive, discharge, and covenant not to sue UMAC and/or any of its officers, servants, agents, consultants, volunteers, and/or employees from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury (including but not limited to death) that may be sustained by me or any property belonging to me while participating in this program, or while on or upon the premises where the event is being conducted including but not limited to any claims arising under negligence.

It is my expressed intent that this waiver and release shall bind any and all members of my family including but not limited to my spouse, if I am alive, and my heirs, assigns, and personal representatives, if I am deceased. It is also my expressed intent that this waiver and release shall also be deemed a full release, waiver, discharge, and covenant not to sue insofar as my aforementioned family members, heirs, assigns, and personal representatives are concerned. I hereby further agree that this waiver and release shall be constructed in accordance with the laws of the State of Oregon.

PAYMENT POLICY. All past due debts must be satisfied in full before dancer can participate in a new dance season. A dance season commences at the beginning of trial week and finalizes on the last day of the performance/show. All payments, or arrangements for a payment plan, on the current season are due by Friday of the week after trial week. If a dancer has not paid for their class in full, or made a payment plan by that time, they cannot participate in classes. At any point a dancer becomes delinquent on their payment or plan, they will not be allowed to participate in class. Absences from class under this provision are treated the same as other unexcused absences, and a dancer could be removed from the class or disallowed from participating in the performance after three (3) unexcused absences.

APPLICABLE LAW. I agree that this release shall be governed for all purposes by Oregon law, without regard to any conflict of law principles. This release supersedes any and all previous oral or written promises or other agreements.

DISPUTE RESOLUTION. The parties will attempt to resolve any disputes arising out of or relating to this release through friendly negotiations amongst the parties. If the matter is not resolved by negotiations, the parties will resolve the dispute using the Alternative Dispute Resolution (ADR) procedure below.

Any controversies or disputes arising out of, or relating to this release, will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seen an alternative form of resolution in accordance with any other right and remedies afforded to them by law.

NO DURESS. In signing this waiver and release, I acknowledge and represent that I have read and understand the foregoing and hereby sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreements have been made; and I hereby execute this waiver and release for valuable consideration, intending to be bound by the same.

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