Sign the Waiver
Class Waiver
Please read in full and sign using the tick box at the bottom of the page.
Acknowledgment and Assumption of Risk, Release and Indemnification
In consideration of the services and equipment provided by KELLY BOTHAM (collectively referred to as the Teacher) at a class or workshop in the United Kingdom or abroad (collectively, the Events), I hereby agree in this Acknowledgment and Assumption of Risk, Release and Indemnification (Agreement) to release, indemnify and discharge KELLY BOTHAM, on behalf of myself, my heirs, assigns, personal representative and estate and for all members of my family, including minor children, as follows:
I acknowledge that all Events entail known and unanticipated risks that could result in physical or emotional trauma, injury, paralysis, death or damage to myself, property and/or any third party. Although the Teacher has taken reasonable steps to provide me with appropriate equipment and skilled instruction, I understand that such risks simply cannot be eliminated without jeopardising the essential qualities of an Event.
I am aware of the risks associated with traveling to and from as well as participating in any Event, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or another party’s negligence, conditions related to travel, or the condition of the location(s) of any Event. I understand that the description of these risks is non-cumulative and that other unanticipated inherent risks may occur. Nonetheless, I assume all related risks, both known or unknown to me, of my participation in any Event, including travel to, from and during such Event.
I appreciate that the Teacher has a difficult job to perform. The Teacher seeks safety but is not infallible. The Teacher might be unaware of my or another Event participant’s fitness or abilities. It might misjudge the weather or other environmental conditions. The Teacher may give incomplete warnings or instructions, and Event equipment being used might malfunction. I acknowledge that engaging in any Event may require a degree of skill and knowledge different than any other activity, and that I have responsibilities as a participant in such Event. I acknowledge that the Teacher has made itself available to me prior to all Events to more fully explain the nature and physical demands of any Event and the risks, hazards, and dangers associated with the same.
I acknowledge and agree that I am over 18 years of age, in good health, and am physically and mentally capable of handling any proposed Event activity. If I do not feel physically or mentally prepared to participate in an Event activity, I will notify the Teacher of the same, and will voluntarily not participate in such activity or the Event itself. I fully understand that no refund (in whole or part) will be made for any non-participation in an Event. While the Teacher will endeavour to adhere to the proposed schedule and services of an Event, I agree that the Teacher has the final word and authority to make any changes to the same.
I am responsible for my own actions at any Event. I agree and understand that the Teacher assumes no responsibility for me and that my participation in all Events is purely voluntary and at my sole discretion. I am also aware of the potential stress, physical, and mental requirements of an Event, and I fully assume all responsibility of my own wellbeing and actions, both physically and mentally.
I am responsible if I do something disruptive, destructive, or illegal at an Event. Should I be found to possess any illegal drug or contraband at an Event, disrupt an Event activity to the point where such activity cannot be properly conducted, violate any applicable law or regulation at an Event location, or act without regard for the safety of another Event participant, present party, or property of the same at an Event, the Teacher in her sole discretion may ask me to leave such Event. Under any such circumstances, I agree to forfeit any Event registration payments I have made. I will be totally responsible for any financial or physical damages incurred due to my actions or omissions at an Event, whether intentional or not.
I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless the Teacher and the owners of any premises upon which an Event is conducted from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including without limitation attorney’s fees and costs which are in any way connected with my participation in an Event or my use of the Teachers equipment or facilities including any such claims which allege negligent acts or omissions of the Teacher.
I fully release all rights and grant full permission to the Teacher to use and edit any and all public space Event photographs, audio and/or video recordings, or any other record of an Event that contains my image and/or likeness in any medium and for any purpose without payment to me now and in the future. I acknowledge that the Teacher may take photographs and/or make recordings of me during non-private portions of all Events, and I authorise the Teacher to use any such photos and recordings to the fullest extent permitted by 17 U.S.C. § 106 et seq., and seek registration of the same with the U.S. Copyright Office and other equivalent foreign national copyright authorities. The Teacher may use any such photos and recordings of me with or without my name and for any lawful purpose, including without limitation for such purposes as publicity, illustration, advertising, and web content.
I will not misappropriate or infringe the Teacher’s Materials. I understand and agree that all documents, ideas, scenarios, workbooks, movements, dance steps, routines, choreography, and all other materials presented at an Event (collectively, Materials) are the confidential and proprietary property of the Teacher, and that I have only a limited right to use such Materials for my own personal use and purpose. Under no circumstances will I disclose these Materials to any other party or utilize them in any other manner, either for business or research purposes, without the prior written consent of the Teacher. I understand and agree that any such use would be an infringement on the Teacher’s intellectual property rights, for which there are civil and criminal penalties.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in an Event, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
I understand that the Teacher may contract with independent contractors to provide equipment or services at an Event. I understand that the Teacher has no control over and accepts no responsibility for the actions of any independent contractor involved in providing equipment or services at an Event.
The laws of the UNITED KINGDOM (England and Wales) applicable to contracts negotiated and performed in the UNITED KINGDOM (England and Wales) will govern this Agreement. Any claim or controversy arising out of or relating to an Event, this Agreement or the performance thereunder, including without limitation any claim relating to illness, injury or death, shall be settled by binding arbitration in BELPER, UK by one (1) arbitrator, in accordance with International Chamber of Commerce (ICC), and the judgment on the arbitration award, including reasonable attorney’s fees, may be entered in any court having jurisdiction over the subject matter of the controversy. This Agreement to arbitrate does not waive or modify the liability release contained herein.
I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by UNITED KINGDOM (England and Wales) law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
By signing this Agreement, I acknowledge that if anyone is hurt or property damaged during my participation in an Event, I may be found by a court of law to have waived my right to maintain a lawsuit against the Teacher on the basis of any claim from which have released them herein. I have had sufficient opportunity to read this entire Agreement. I have read and understand it, and I agree to be bound by the terms of Agreement.