In consideration of the risk of injury while participating in dance (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Berris Jones Hotty Dance Contest, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. By participating I acknowledge that the dance video footage will be used in Berris Jones Hotty Music Video.

 

I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this activity, 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 others’ negligence, conditions related to travel, or the condition of the activity location(s). Nonetheless, I assume all related risks, either known or unknown to me, of my participation in this activity, including travel to, from and during this activity.

 

I agree to indemnify and hold harmless Berris Jones Hotty Dance Contest against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Berris Jones Hotty Dance Contest incurs any of these types of expenses, I agree to reimburse.

 

I acknowledge that Berris Jones Hotty Dance Contest is not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Berris Jones Hotty Dance Contest.

 

I further acknowledge that I am above the age of 18 by virtue of participating in the Berris Jones Hotty Dance Contest.

 

I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Berris Jones Hotty Dance Contest from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Berris Jones Hotty Dance Contest for personal injury or property damage.

 

In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

 

This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Berris Jones Hotty Dance Contest agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

 

BY REGISTERING FOR THE DANCE CONTEST, YOU ARE AGREEING TO ALL OF THE ABOVE CONDITIONS AND WAIVERS.