MODELS LAB
ASSUMPTION OF RISK AND WAIVER OF LIABILITY
I (we) despite all reasonable precautions implemented for safety, am (are) fully aware of and appreciate that severe injuries, including permanent paralysis or even death, as well as other damages and losses associated with participation in the programs or activities at FLOWERS AND RUFFLES MODELS LAB (FRC) can occur in sports or activities including, but not limited to, dance, gymnastics, and tumbling. I (we) knowingly and willingly assume all such risks. Being fully aware of these dangers, I hereby give consent for my child(ren) to participate in any and all FRC programs. In consideration for my child(ren's) participation, I (we) hereby for myself and my child(ren) and our respective heirs, executors and administrators, COVENANT NOT TO SUE and FOREVER RELEASE FRC, the owners, operators, directors, officers, employees and other members of FRC from personal injury or accident of any sort or nature suffered by my children or me (us), the undersigned, by reason of participation or membership in classes, lessons or any programs or activities of FRC including those resulting from acts of negligence. I also assume all medical expenses for the aforementioned child or myself, who may be the result of any injuries sustained while training at, or performing for FRC. Further, it is affirmed that sufficient insurance covering all such injuries and damages shall be in full force and effect throughout the program or it's equivalent throughout the child's/parent's dance participation.
MEDICAL AUTHORIZATION AND RELEASE OF LIABILITY
In any event of an accident or emergency I hereby authorize my child to be transported to a hospital for medical treatment and I hold FRC and it's representatives harmless in the execution of such. Additionally, I hereby agree to individually provide for all medical expenses which may be incurred by me or my child(ren) as a result of any injury sustained while participating at or for FRC.
I, the minor's parent or legal guardian, understand the nature of the activities my child will be involved in at FRC and the minor's experience and capabilities, and believe the minor to be qualified, in good health, and in proper physical condition to participate in such activities. I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless each of the releasee's from all liability claims, demands, losses, or damages on the minor's account caused or alleged to be caused, in whole or in part by the negligence of the "releasees" or otherwise, including negligent rescue operations. I further agree that if, despite this release, I, the minor, or anyone on the minor's behalf makes a claim against any of the releasees named above, I will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss liability, damage, or any cost that may occur as the result of any such claim.
I've read the above and agree.
I have read and understand this ASSUMPTION OF RISK and WAIVER OF LIABILITY and MEDICAL AUTHORIZATION and I VOLUNTARILY affix my name in agreement.
PHOTO RELEASE
In consideration of the engagement as a model of the minor named below, and for other good and valuable consideration that I acknowledge as having received, I hereby grant the following rights and permissions to ___________________________ ("Photographer"), his/her legal repre- sentatives and assigns, those for whom Photographer is acting, and those acting with his/her authority and permission. They have the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of the minor or in which the minor may be in- cluded, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the minor's own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium at Photographer's studios or elsewhere, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. I also consent to the use of any published matter in conjunction with such photographs.
I specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. I waive any right that I or the minor may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the use to which it may be applied. I release, discharge, and agree to hold harmless and defend Photographer, his/her legal representatives or assigns, and all persons acting under his/her permission or authority or those for whom he/she is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.
I hereby warrant that I am a legal competent adult and a parent or legally appointed guardian of the minor, and that I have every right to contract for the minor in the above regard. I state further that I have read the above authorization, release, and agreement, prior to its execution, and that I am fully familiar with the contents of it. This release shall be binding upon the minor and me, and our respective heirs, legal representatives, and assigns.
ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY AS TO COVID-19
CAUTION: This is a release of legal rights. Read and understand it before accepting these terms.
THIS RELEASE AND WAIVER OF LIABILITY (the “Release”) is executed on this _____ day of ___________________, 20____, by (“Visitor”) in favor of FLOWERS AND RUFFLES, and its employees, successors, assigns, representatives, agents, attorneys, officers, directors, shareholders, members, beneficiaries, heirs, management company, managers, contractors and their successors and assigns (collectively, the “FR”).
IN CONSIDERATION OF VISITOR BEING PERMITTED to use the FR’s facilities and equipment, Visitor hereby freely and willfully executes this Release under the following terms.
1. FR offers amenities for Visitors’ use. This includes (without limitation) the all other areas of the FR’s premises. These amenities and facilities are collectively referred to herein as the “Facilities.”
2. RISKS: Visitor is aware of the Coronavirus (COVID-19). FR strongly advises Visitor to visit https://www.cdc.gov/coronavirus/2019-nCoV/index.html for information about COVID-19. COVID-19 may cause severe illness and even death. California has community spread of COVID-19. COVID-19 is a viral illness that spreads from person to person via various methods, including but not limited to touch and airborne particles. Symptoms can range from mild (or no symptoms) to severe illness. A person can become infected by coming into close contact (about 6 feet) with someone who has COVID-19. A person may become infected from respiratory droplets when an infected person coughs, sneezes, or talks. A person may also become infected by touching a surface or object with the virus on it, and then touching the person’s face. There is currently no vaccine for COVID-19. The best protection is to avoid being exposed to the virus that causes COVID-19. The U.S. Centers for Disease Control and Prevention’s (“CDC”) COVID-19 Guidance suggests, in relevant part: (a) staying home as much as possible and avoiding close contact with others; (b) wearing a cloth face covering over your nose and mouth in public settings; (c) cleaning and disinfecting frequently-touched surfaces; (d) washing your hands often with soap and water for at least 20 seconds or using an alcohol-based hand sanitizer containing at least 60% alcohol; (e) completing activities online as much as possible (rather than in person); (f) if you must go somewhere in person, staying at least 6 feet away from others and disinfecting items you must touch; (g) getting deliveries and takeout and limiting in-person contact as much as possible; and (h) staying home if you are sick, except to get medical care. Everyone is at risk of getting COVID-19. Older adults and people with serious underlying medical conditions may be at higher risk for more severe illness. Studio has made Visitor aware of the risk of contracting COVID-19. Visitor understands that if Visitor uses Facilities, Visitor may contract COVID-19. Visitor will review the CDC’s Guidance and website and the California Department of Public Health’s website and guidance regarding COVID-19, available at https://www.cdph.ca.gov/, before using any Facilities. Visitor has reviewed those sources and is willing to accept the risk of contracting COVID-19 in using any Facilities. Visitor uses any Facilities at Visitor’s own, sole risk.
3. HEALTH/SAFETY: Visitor should consult with a medical doctor regarding Visitor’s use of Facilities. Visitor should have and maintain health insurance. Visitor will not use any Facilities if Visitor has COVID-19 symptoms, a fever, cough, or feels ill.
4. WAIVER, RELEASE, INDEMNIFICATION: To the fullest extent allowed by law, Visitor, on behalf of Visitor’s self and Visitor’s heirs, successors, and assigns, hereby releases and forever discharges and holds harmless the Studio from any and all liability and any and all claims, demands, rights of action, or actions, of whatever kind of nature, either in law or equity, which arise or may hereafter arise from Visitor’s use of Facilities, which relate to COVID-19 or any related illness. Visitor understands and acknowledges that Visitor’s execution of this Release discharges and will discharge the Studio from any liability or claim that Visitor may have against the Studio with respect to any bodily injuries, personal injuries, illnesses, contraction of COVID-19, death, death from COVID-19, injury from COVID-19, property damage, or any and all other claims that may result from Visitor’s use of Facilities. Visitor hereby agrees to indemnify, defend, and hold harmless Studio and its officials, officers, employees, agents, volunteers, sponsors, and contractors from and against any claim that Visitor, Visitor’s guests, visitors, legal guardian, heirs, successors, assigns, or any other person may have for any losses, damages, death, or injuries arising out of or in connection with Visitor’s use of Facilities. ALL USE OF THE FACILITIES IS AT VISITOR’S OWN AND SOLE RISK.
5. BROADEST RELEASE POSSIBLE: This Release is intended to be as broad as permitted by California law. Visitor knowingly and voluntarily waives and relinquishes all rights and benefits under California Civil Code Section 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
IN WITNESS WHEREOF, Visitor agrees to this Release and executes it as of the date first written above.
I have read and understand this ASSUMPTION OF RISK and WAIVER OF LIABILITY and MEDICAL AUTHORIZATION and I VOLUNTARILY affix my name in agreement.