WAIVER AND RELEASE AGREEMENT
This Waiver and Release Agreement ("Agreement") is entered into by {name} ("Participant"), with a date of birth of {dob} and residing at {address}, on behalf of themselves or, if under the age of 18, by their parent or legal guardian, and ZAXX, LLC, Zachary Kelley, Tap'd Out, and Tap'd Out Dance Studios (collectively, "Released Parties").
1. Indemnification Clause: The Participant, or their parent or legal guardian if the Participant is under 18, agrees to indemnify and hold harmless the Released Parties from any claims, damages, liabilities, costs, and expenses arising out of the Participant's operations, activities, or representations.
2. Limitation of Liability: The liability of the Released Parties, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Participant under this Agreement.
3. Intellectual Property Protection: The Participant, or their parent or legal guardian, agrees to respect and protect the intellectual property rights of the Released Parties. Unauthorized use or infringement may lead to legal action.
4. Confidentiality: The Participant, or their parent or legal guardian, acknowledges access to confidential information and agrees to maintain its confidentiality, except as required by law.
5. Dispute Resolution: Any disputes shall be resolved through mediation and, if unsuccessful, through binding arbitration according to the American Arbitration Association rules.
6. Governing Law: This Agreement is governed by Arizona law, without regard to conflict of law principles.
7. Severability: If any provision is invalid or unenforceable, it will be severed, with remaining provisions valid and enforceable.
Member Information:
- Phone: {phone}
- Emergency Contact: {contact_name}, {contact_phone}, Relation: {contact_relation}
Acknowledgment:
By signing this Agreement, I, {name}, acknowledge that I have read and understood its contents, agree to its terms, and am signing it voluntarily, either on my own behalf or as the parent/legal guardian of the Participant named herein if under the age of 18.