Indemnification, Liability & Waiver Release
EACH MEMBER OF THE ABOVE-REFERENCED COMPANY (“PARTICIPANT(S)”) ASSUMES ALL OF THE RISKS OF PARTICIPATING IN THE ACTIVITY, including (by way of example and not limitation), any risks that may arise from negligence or carelessness on the part of the ABT Parties (as defined below), from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
The Participants acknowledge that Ballet Theatre Foundation, Inc. dba American Ballet Theatre (“ABT”) is the owner of the Location where the Activity will take place, and that this Form will govern the Participants’ actions and responsibilities in connection with the Activity. In consideration for ABT giving permission to the Participants to use the Location for the Activity, by signing below, each Participant hereby agrees (for him/herself, his/her executors, administrators, heirs, next of kin, successors, and assigns) as follows:
(A) PARTICIPANT WAIVES, RELEASES, AND DISCHARGES ABT, and/or its directors, officers, employees, volunteers, representatives, agents, and sponsors (the “ABT Parties”) from any and all liability, including but not limited to, liability arising from the negligence or fault of the ABT Parties, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur including the Participants’ traveling to and from the Activity. Participants acknowledge that the ABT Parties are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific Activity on their behalf; and
(B) PARTICIPANT INDEMNIFIES, HOLDS HARMLESS FROM, AND PROMISES NOT TO SUE the ABT Parties for any and all liabilities or claims made as a result of participation in the Activity, whether caused by the negligence of the ABT Parties or otherwise.
This Liability Waiver and Release Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
EACH PARTICIPANT CERTIFIES THAT THEY HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENT. EACH PARTICIPANT IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND SIGNS IT OF THEIR OWN FREE WILL. NOTE: If Participant is under the age of 18, the signature of a Parent/Guardian is required below and each such Parent/Guardian represents and warrants that they have full power and authority to enter into this contract on behalf of and to bind Participants under the age of 18 as set forth herein.
I also understand and agree that I
may be photographed and/or videotaped during training activities and I grant to ABT an
unrestricted right to use in any form my image, picture, likeness, voice, and/or name for all ABT
and commercial purposes.