Group Session Liability Waiver

  • In exchange for participating in the activity of enrichment workshops in acting, singing, dancing and exercise organized by Broadway for Ataxia Foundation Inc, of 934 8th Avenue 3B, New York, New York, 10019 and / or use of the property, facilities and services of Broadway for Ataxia Foundation Inc, I agree for myself and (if applicable) for the members of my family, to the following: 1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Broadway for Ataxia Foundation Inc, or the employees, representatives or agents of Broadway for Ataxia Foundation Inc. 2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks with the above-described activity and I assume full responsibility for legal responsibility for personal injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Broadway for Ataxia Foundation Inc, whether caused by the fault of myself, my family, Broadway for Ataxia Foundation Inc or other third parties. 3. INDEMNIFICATION. I agree to indemnify and defend Broadway for Ataxia Foundation Inc against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Broadway for Ataxia Foundation Inc. 4. FEES. I agree to pay for all damages to the facilities of Broadway for Ataxia Foundation Inc caused by any negligent, reckless or willful actions by me or my family. 5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under New York law. 6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that Broadway for Ataxia Foundation Inc has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. 7. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language or provision giving rise to such ambiguity. 8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or applied to a particular occurrence or circumstance, shall not affect the validity of unenforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction. 10. VIDEO RELEASE. I hereby grant permission to Broadway for Ataxia Foundation, Inc. the rights of my image, in video or still, and of the likeness and sound of my voice as recorded on audio or video files, without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or improve the finished product wherein my likeness appears. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area.