1. PROGRAM EVALUATION
I agree to complete the program evaluation, to provide data on students' participation and experience in the program. I understand that this information will be kept confidential and only summary data will be shared with program funding sources.
2. RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Dance and Movement Programs organized by ComMotion –
Community in Motion (“ComMotion”) and/or use of the property, facilities and services of ComMotion,
I agree for myself and (if applicable) for my heirs, legal representatives, and assigns. to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and
further agree to follow any oral instructions or directions given by ComMotion, or the employees, representatives or
agents of ComMotion.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated
with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my
heirs, legal representatives, and assigns, and further release and discharge ComMotion for injury, loss or damage
arising out of my or my heirs, legal representatives, and assigns use of or presence upon the facilities of
ComMotion, whether caused by the fault of myself, ComMotion or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend ComMotion against all claims, causes of action,
damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way
arise from my or my heirs, legal representatives, and assigns use of or presence upon the facilities of ComMotion.
4. FEES. I agree to pay for all damages to the facilities of ComMotion caused by any negligent, reckless, or willful
actions by me or my heirs, legal representatives, and assigns.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be
resolved under North Carolina law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I
have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free
to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that ComMotion
has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length
negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement,
or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule
of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status
as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing
alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any
other provision of this Agreement or of any other applications of such provision, as the case may be, and such
invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this
Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties
will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to final and binding
arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and
judgment may be entered upon it by any court having proper jurisdiction.
10. IMAGES. I understand that ComMotion may record, tape, film, photograph, digitize, or otherwise preserve in
permanent form my name, likeness, image, biographical material, voice, and/or statements. I grant ComMotion and
its employees, agents, independent contractors, licensees, successors, and assigns (the “company’s Agents”) the full
irrevocable right and permission to take pictures, portraits, digital images, video, or photographs of me or in which I
may be included (the “Recordings”) and use, reuse, publish, republish, reproduce, edit, alter, and otherwise exploit
the Recordings, in whole or in part and in conjunction with my name for any lawful purpose whatsoever and in all
forms of media now known or unknown.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY
SUBMITTING MY CLASS REGISTRATION REQUEST, I VOLUNTARILY SURRENDER CERTAIN
LEGAL RIGHTS.