Kick It Up Dance Competition Dancer Waiver Form

1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in
activities, programs, classes, services provided and events sponsored or organized by 1473373 Ontario Limited o/a Kick It Up Dance Competition (collectively the “Organization”)  including but not limited
to: dance, dance competitions, games, performances (collectively the “Activities”), the undersigned being the Participant and Participant’s Parent/Guardian (collectively the “Parties”) acknowledges and agrees to the following terms outlined in this agreement:

2. I am the Parent/Guardian of the Participant and have full legal responsibility for the decisions of the Participant or I am 18 years of age or older if filling this form out for myself.

Description of Risks
3. The Parties understand and acknowledge that:
    a) The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life;
    b)The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction; and
    c) The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, attending the Activities could increase your risk of contracting COVID-19.

4. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers and hazards. The risks, dangers and hazards include, but are not limited to:
    a) Contracting COVID-19 or any other contagious disease;
    b) Executing strenuous and demanding physical techniques;
    c) Vigorous physical exertion, strenuous cardiovascular workouts and rapid movements;
    d) Exerting and stretching various muscle groups;
    e) The failure to properly use any piece of equipment or from the mechanical failure of any piece of
equipment;

    f) Spinal cord injuries which may render the Participant permanently paralyzed;
    g) Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the Participant’s body or to the Participant’s general health and well-being;
    h) Abrasions, sprains, strains, fractures, or dislocations;
    i) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;
    j) Physical contact with other participants, spectators, equipment, and hazards;
    k) Not wearing appropriate safety or protective equipment;
    l) Failure to act safely or within the Participant’s ability or within designated areas;
    m) Negligence of other persons, including other spectators, participants, or employees;

Terms
5. In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:
    a) That the Participant’s mental and physical condition is appropriate to participate in the Activities;
    b) To comply with the terms of use, rules and regulations for participation in the Activities set forth on Kick It Up's website  https://www.kickitup.ca/ ;
    c)  To comply with the rules of the facility;
    d) That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring such to the attention of an Organization representative immediately;
    e) The risks associated with the Activities are increased when the Participant is impaired and the Participant agrees not to participate if impaired in any way;
    f) That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity;
    g) That they are responsible for the choice of the Participant’s protective equipment and the secure fitting of the protective equipment;
    h) That COVID-19 is contagious in nature and the Participant may be exposed to or infected by COVID-19 and such exposure may result in personal injury, illness, permanent disability or death and voluntarily agree to assume all of the foregoing risks.

 

6. The Parties expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.

 

Acknowledgement
7. The Parties acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives.

8.Upon entering Kick It Up Dance Competition, it is agreed that teachers, competitors, parents, will not hold Kick It Up Dance Competition directors, employees, the host facility and all involved in the competition responsible or liable for any damages, loss or personal injury which they may sustain while participating in any activity connected with this competition, no matter how caused, to either spectators or contestants. Dancers compete at their own risk.