Participation, Assumption of Risk, Release of Liability, and Indemnification Agreement
IMPORTANT – THIS IS A LEGAL DOCUMENT PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING
This Agreement must be completed in order to participate in the activities associated with the Intermountain Suzuki String Institute Program.
AGREEMENT: In consideration of the Intermountain Suzuki String Institute (“ISSI”) allowing me to participate in its music institute program (the “Program”) located at the Skaggs Catholic Center (“Skaggs”), I voluntarily enter into this Agreement and agree to be bound by its terms.
PARTICIPATION: I, the undersigned, am the Participant or the Parent and/or Legal Guardian of the minor Participant. I am familiar with the activities that take place in ISSI’s music institute program (the “Program”), and I voluntarily choose to participate or authorize the Participant to participate in the Program. I agree to assume full legal responsibility for my conduct or that of the Participant while participating in the Program. I agree to assume full legal responsibility for the care, protection and insurance of my instrument or that of the Participant.
I understand and agree that if for any reason the Participant is unable to or chooses not to participate in the Program, the Participant must provide written notice to ISSI prior to May 1, 2024, in order to receive a refund of the Program registration fee, less a one hundred dollar ($100.00) nonrefundable deposit for each Participant. I also understand and agree that ISSI will not refund any portion of the Program registration fee under any circumstances whatsoever unless such written notice is received prior to May 1, 2024. I understand that there is a risk that ISSI’s refund policy may result in the forfeiture of the entire Program registration fee in the event that uncontrollable and/or unforeseen circumstances arise which prevent the Participant’s participation in the Program. I voluntarily agree to assume this risk and to be bound by the terms of ISSI’s refund policy as set forth in this Agreement.
ASSUMPTION OF RISK: I voluntarily choose to participate or authorize the Participant to participate in the Program provided by ISSI at Skaggs and agree to assume all risks that may be associated with participation in the Program. I understand that such participation can include foreseeable and unforeseeable risks and other hazardous activities inherent in the Program that may expose the Participant to illness, injury, or death. Participant or Parent/Guardian freely and voluntarily participates or allows participation in the Program with the knowledge of the danger involved and hereby agrees to assume any and all risk of property damage, illness, injury, or death. Participant may decline to participate in any activity of the Program without having to give any reason.
RELEASE OF LIABILITY AND INDEMNIFICATION: Neither ISSI nor Skaggs is an insurer of Participant’s behavior, actions, or participation in the Program, and assume no liability whatsoever for personal injuries or property damages to Participant or to third persons arising out of or related to participation in the Program. Participant or Guardian/Parent releases and indemnifies and holds harmless ISSI and Skaggs, their affiliates, officers, employees, and agents (the “Released Parties”) from any liability whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant or any third party, or loss or damage to any property belonging to Participant or any third party, arising out of or related to Participation in the Program.
JURISDICTION AND VENUE: The venue of any lawsuit arising out of or related to participation in the Program and/or this Agreement will be the state or federal courts located in Salt Lake County, State of Utah, and this Agreement and/or any such dispute will be governed by and construed in accordance with the laws of the State of Utah, without application of any principles of choice of law. If any portion of this Agreement is held invalid by a court of law, the remainder will, notwithstanding, continue in full force and effect.
ATTORNEY FEES AND COSTS: Participant or Parent/Guardian will pay any attorney fees and costs incurred by ISSI and/or Skaggs in enforcing this Agreement.
I understand and consent to the photography and/or recording of my child during their participation in ISSI classes and/or performances, and expressly grant ISSI full ownership rights of any such photo and/or recording of my child to be used, published and/or distributed for any legal purpose at the sole discretion of ISSI
Participant or Parent/Guardian has carefully read the terms of this Agreement and fully understands their content and is aware that this is a Release of Liability and a contract between Participant or Parent/Guardian on the one hand and ISSI and Skaggs on the other, and signs it of his or her own free will. By agreeing to this release, I agree that my child’s photograph may be used for promotional purposes by ISSI including but not limited to Facebook, Instagram, Twitter, website, print or online materials.