RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in classes and activities organized by Steamboat Studio LLC, of 23330 Maple Valley Black Diamond Rd SE, Suite D, Maple Valley, Washington, 98038 and/or use of the property, facilities and services of Steamboat Studio LLC, I agree for myself and (if applicable) for members of my family, including my minor child(ren), 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 Steamboat Studio LLC, or the employees, representatives or agents of Steamboat Studio LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activities and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Steamboat Studio LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Steamboat Studio LLC, whether caused by the fault of myself, my family, Steamboat Studio LLC or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Steamboat Studio LLC 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 family's use of or presence upon the facilities of Steamboat Studio LLC.
4. FEES. I agree to pay for all damages to the facilities of Steamboat Studio LLC caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT. I consent to the participation of my minor child(ren) and agree on their behalf to all of the terms and conditions of this Agreement. By agreeing to this Release of Liability, I represent that I have legal authority over and custody of my minor child(ren).
6. MEDICAL AUTHORIZATION. In the event of an injury to my minor child(ren) during the above described activities, I give my permission to Steamboat Studio LLC or to the employees, representatives or agents of Steamboat Studio LLC to arrange for all necessary medical treatment, for which I shall be financially responsible. This temporary authority will begin on the first class day and will remain in effect until the last day of the current calendar year, or until terminated in writing, whichever occurs first. Steamboat Studio LLC shall have the following powers:
a. The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
b. The power to authorize medical treatment or medical procedures in an emergency situation; and
c. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
7. PHOTO RELEASE. Unless otherwise notified in writing, I grant permission to Steamboat Studio LLC or to the employees, representatives or agents of Steamboat Studio LLC to take photos or video of me and/or my minor child(ren) to be used for promotional purposes, including social media, without payment or other consideration.
8. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the shall be resolved under Washington law.
9. 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.
10. 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.
11. 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.
12. 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 mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues 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.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.