DANCE CLASS WAIVER AND RELEASE OF LIABILITY
Rob & Sunshine, Colorado Springs, Colorado
Read this before you dance. You are giving up legal rights, including the right to sue for ordinary negligence.
1. WHO THIS COVERS
This agreement is between you and Robert Capili, who teaches the classes advertised as Rob & Sunshine. It also covers anyone who teaches, assists, or helps run those classes with him, and the owners and operators of any venue where a class or event is held. All of them are called "the Released Parties".
2. WHAT YOU ARE TAKING PART IN
Partner dance instruction and practice, including salsa, bachata, and related social dances, in group classes, private lessons, practice sessions, socials, performances, and events, at any location, indoors or outdoors.
3. THE RISKS
Partner dancing carries risks that careful teaching cannot remove. They include: slips and falls, including on floors that are wet, sticky, or unexpectedly fast or slow; collisions with other dancers, spectators, furniture, or walls; injury from contact with a partner, including being pulled, spun, lifted, dipped, stepped on, or dropped; sprains, strains, dislocations, broken bones, cuts, and injuries to the back, neck, knees, ankles, shoulders, and wrists; overexertion, dehydration, fainting, heart or breathing trouble, and worsening of a condition you already have; the careless, inexperienced, or intoxicated conduct of other participants, who control their own movement; illness passed between people dancing in close contact; and, in rare cases, permanent disability or death.
Instruction, correction, and hands-on guidance reduce these risks. They do not remove them.
4. YOU ACCEPT THOSE RISKS
You are taking part by choice, and you knowingly accept all of these risks, both known and unknown, both listed above and not listed. You are responsible for dancing within your own ability, for declining any movement you do not want to attempt, and for saying so when something hurts or feels unsafe.
5. RELEASE, INCLUDING NEGLIGENCE
In exchange for being allowed to take part, you release the Released Parties from all claims, demands, lawsuits, damages, costs, and attorney fees for any injury, illness, death, or loss of or damage to property connected with taking part, and you agree not to sue them for it.
THIS RELEASE COVERS CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, including negligence in instruction, supervision, spotting, pairing partners, class design, choosing or maintaining the floor and equipment, and inspecting the premises.
It does not cover gross negligence, willful and wanton conduct, or anything that cannot lawfully be released under Colorado law.
6. CLAIMS BY OTHER PEOPLE
If you injure somebody else while taking part, you will defend and indemnify the Released Parties against any claim arising from it, including reasonable attorney fees.
7. HEALTH AND EMERGENCIES
You confirm that you are physically able to take part, and that you have been advised to consult a doctor before beginning any new physical activity. You will tell the instructor about any injury, condition, pregnancy, or limitation that affects your dancing, and it remains your responsibility to manage it.
If you are hurt or become ill, you authorize the Released Parties to arrange emergency medical care on your behalf, at your expense. No medical, health, or disability insurance is provided for you.
8. YOUR BELONGINGS
You look after your own property. The Released Parties are not responsible for anything lost, stolen, or damaged. You are responsible for damage you cause to a venue, its equipment, or its property.
9. PHOTOGRAPHS AND VIDEO
Classes and socials are sometimes photographed and filmed, for teaching, for the study of movement, and to promote the classes.
You permit your image, likeness, voice, and dancing to be recorded and used, without payment, in any medium, including social media, websites, printed material, instructional material, and books.
If you would rather not be filmed, tell Rob and it will be respected. You may withdraw permission for future recordings at any time in writing, though material already published cannot always be recalled.
10. CONDUCT
Follow the instructions given in class and the venue's rules. Treat your partners with respect, and keep your hands where a reasonable partner expects them. Unwanted contact, harassment, intoxication, and dangerous dancing are grounds for being removed without a refund.
11. PARTICIPANTS UNDER 18
A parent or legal guardian must sign. By signing, you confirm that you are the parent or legal guardian, that you agree to everything above on the child's behalf, including the release of claims for ordinary negligence as permitted by Colorado Revised Statutes section 13-22-107, and that you will indemnify the Released Parties against claims brought by or on behalf of the child.
12. THE LEGAL WORDING
Colorado law governs this agreement, and any dispute will be heard in the state courts of El Paso County, Colorado. If any part of it is unenforceable, the rest stays in force, and that part is narrowed only as far as necessary rather than struck out. This is the entire agreement on these subjects and replaces anything said or written beforehand. It binds your heirs, family, and personal representatives. It applies to every class, lesson, social, and event you attend, until you withdraw from it in writing.
13. SIGNATURE
Typing your full name and submitting this form signs this agreement electronically, with the same legal effect as signing by hand.
By signing you confirm that you have read this agreement, that you understand you are giving up substantial legal rights including the right to sue for ordinary negligence, that nobody pressured you into it, and that you are 18 or older or are the parent or legal guardian of the participant.