Marimo Dance Studio LLC (*MDS*) Student, Visitor, Participant, and Liability Release Agreement

In consideration of the use of the promises, equipment, facilities, and services of the Marimo Dance Studio, LLC (hereinafter “MDS”) located at 334 Main St Unit 2 Franconia, NH 03580, or third party locations, I, an adult visitor (18 years of age or older) or the parent or legally appointed guardian (“Parent”) of a visitor who is a minor, understand, acknowledge and agree as follows:

Activities: I understand that the activities offered by MDS include the following: tumbling; group dance fitness classes including the use of props; programs/events; otherwise moving about the MDS premises and its outdoor perimeter. While orientation and instruction may be provided for some activities, and certain classes and programs are attended by staff, visitors should not assume that they are being supervised or observed in their Activities.

Risks: I understand that the Activities require low to moderate physical exertion and represent that neither I, nor the minor visitor (if applicable), has any mental or physical condition that might create risks to myself (or to the minor), or to others. I understand that the Activities engaged in at MDS are potentially dangerous and that visitors will be exposed to risks including, among others, the following:
1)  Slips, falls or collisions while traveling to and from and/or using the facilities, entrances and exits, and any other facilities or equipment;
2)  Misuse of props and facilities;
3)  My, or the minor’s, physical strength, coordination, sense of balance or ability to give or follow directions when participating in Activities.
5)  Bad decision making by me or the minor, including, if I am an adult visitor or Parent, while assisting the minor visitor in Activities;
6)  The acts or omissions of other visitors and persons, including staff, which might include inadequate or faulty instructions;
7)  Illness or injury caused by plants, animals, insects, food, weather, or other matters that I or the minor might be exposed to while participating in Activities (“Risks”).
These Risks and others are inherent to the Activities and the MDS premises or third party locations and cannot be eliminated.

Assumption of Risks: I understand that the Risks described above, and others, inherent or not, may result in all manner of personal injury, including, but not limited to, trauma, including broken bones, sprains, abrasions, serious injury and even death. I acknowledge and assume all such Risks, inherent and otherwise, whether or not described above. I will carefully read and comply with the guidelines and warnings and instructional signage of MDS. If the visitor is a minor, I, the parent, have discussed the guidelines, warnings, Activities and Risks with the child who understands them and wishes to participate nevertheless.

LIABILITY RELEASE AND INDEMNIFICATION: I, FOR MYSELF, OR ON BEHALF OF A MINOR VISITOR, AS A CONDITION OF BEING ALLOWED TO ENGAGE IN OR OBSERVE ACTIVITIES AT THE MDS FACILITIES, AGREE TO RELEASE, COVENANT NOT TO SUE, HOLD HARMLESS, DEFEND, AND INDEMNIFY MARIMO DANCE STUDIO, LLC, ITS OWNERS, VOLUNTEERS, AND STAFF (THE “RELEASED PARTIES”) WITH RESPECT TO ANY AND ALL CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATING IN ANY WAY TO MY, OR THE MINOR’S VISIT TO MDS AND PARTICIPATION IN ANY MDS ACTIVITIES. THE INTENT OF THIS AGREEMENT IS TO RELEASE THE RELEASED PARTIES FROM ALL LIABILITY, INCLUDING ALL LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES’ NEGLIGENCE.