RELEASE AND WAIVER OF LIABILITY, INDEMNITY AGREEMENT,
AGREEMENT NOT TO SUE, ASSUMPTION OF RISK
In consideration of and return for the use of and presence on the property (both physical and digital) and premises which includes access to all paid information on this website, facilities, activities, and services at Vital Pole Expression, LLC AKA www.PoleFitnessDancing.com (“Provider”) the undersigned (hereinafter referred to as “Customer/Participant”) for him/herself, his/hers heirs, assigns, and legal representatives, herby expressly agrees to and acknowledges the following:
- Assumption of Risk. I understand that there are inherent risks involving various physical exercise and activities, including but not limited to: exercise training, dance training, cardiovascular machinery, and dance equipment, and being present at Vital Pole Expression, LLC premises which may have dangerous activities and involve inherent risks and I knowingly am engaging in said activities.
I also understand there are significant risks and dangers involved with use of physical exercise equipment to include, but is not limited to: heart attacks, muscle strains, sprains, pulls, and/or tears, broken and fractured bones, shin splints, heat prostration, knee injuries, neck injuries, back injuries, foot injuries, shoulder and arm injuries and other illnesses and soreness and can include bodily and personal injuries such as paralysis and/or death; and I assume the risk of all dangerous conditions in and about the premises and waive any and all specific notice of the existence of such conditions.
I assume any and all risks involved in and arising from the use or presence upon the premises and facilities, including without limitation, the risk of death, bodily injury or property damage. I also assume all risk arising from negligent or deliberate acts of another person. I acknowledge that there are inherent risks involved with the use of and presence on the premises and facility. I understand and agree that this activity falls within the purview of the Wyoming Recreation Safety Act. Wyo. Stat. §1-1-121 et seq.
2. Release. I and on behalf of my representatives, assign, heirs, and next of kin, release discharge, hold harmless, and fully and forever waive any and all claims, demands, causes of action against Vital Pole Expression, LLC, its officers, agents or employees from any and all liabilities, damage, costs, and expenses arising out of my use of the facilities, including without limitation, those based on death, bodily injury (including without limitation dismemberment and total and permanent disability), property damage, whether or not caused by the negligence or other fault of Vital Pole Expression, LLC, including strict product liability.
3. Waiver. I waive all claims for damage or loss to my person and property that may be caused by any act, or failure to act, of Vital Pole Expression, LLC, its officers, agents, or employees. I waive the protection afforded by any statute or law in any jurisdiction of the State of Wyoming, whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.
4. Indemnify. I agree to indemnify and defend Vital Pole Expression, LLC against, and hold it harmless from any and all claims, case of action, demands, judgment, costs, or expenses, including attorney’s fees, which in any way arise from the customer/ participant’s use of or presence upon the facilities, including without limitation, the negligence, if any, of Vital Pole Expression, LLC its successors, assigns, subsidiaries, franchises, officers, directors, employees, and agents. Additionally, by signing below, the Parent of Legal Guardian of the customer /participant agrees to indemnify and defend Vital Pole Expression, LLC against any and all claims, causes of action, demands, damages, judgment, costs or expenses, including attorney’s fees, due to bodily injury (including without limitation dismemberment and total and permanent disability) or death to customer/participant and/ or any other customer/participant.
5. Payment for Damages. I agree to pay for any and all damages to the facilities caused by me, negligently, willfully, or otherwise.
6. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Wyoming. Any lawsuit arising under this Contract shall be brought in the appropriate Court in the Ninth Judicial District of Wyoming. If Vital Pole Expression, LLC must seek legal action to enforce this agreement or defend an action which involves this agreement, then Vital Pole Expression, LLC shall be entitled to attorney’s fees and costs associated therewith.
7. Warrant and represent:
a) That I am at least 19 years of age;
b) That I have not consumed alcohol or drugs which may affect my ability to participate in the activities of Vital Pole Expression, LLC;
c) That I have taken notice of and will obey all rules and regulations of the premises;
d) That I acknowledge that the activities of the facility (property expressed here) are very dangerous and involve the risk of death, bodily injury, or property damage.
e) That I have read and understand this agreement;
f) I fully know and understand the rights I am waiving/surrendering;
g) That I a waiving my rights voluntarily.
8. Participant further represents:
a) Participant acknowledges his/her use of the facility (all physical and digital property expressed here) is optional and voluntary and Participant will be given three (3) days to completely and fully read this document, agrees to its terms, and has been given the opportunity to seek legal counsel to review and advise Participant as to the legal effect of this document.
b) Participant will be given three (3) days to ask questions and make inquiries of Provider regarding this release.
c) Participant warrants and represents he or she has no medical problems which might interfere with participation in Provider’s programs.
d) Participant understands the presence of Provider’s personnel is no assurance of safety or lessens any risks assumed by Participant, and that personnel and Participant may be using Provider’s facilities and equipment alone and unsupervised.
e) This release shall not be canceled, modified, or changed in any manner except by the written agreement of both Participant and Provider and the invalidity of any position of this Release shall not affect the validity of the remaining release.
By using ANY services, viewing any pages, downloading any products, taking any lessons either in class or digitally, and/or using this website PoleFitnessDancing.com (a product of Vital Pole Expression LLC), you hereby understand and agree to the above:
RELEASE AND WAIVER OF LIABILITY, INDEMNITY AGREEMENT,
AGREEMENT NOT TO SUE, ASSUMPTION OF RISK
FOR PARENT(S)/LEGAL GUARDIAN(S) OF MINORS
