The Nutcracker

A Production of Columbia Classical Ballet

Please read carefully before signing.

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This Waiver & Release of Liability (this “Release”) is executed and delivered by the below-named individual (the “Participant”) for the benefit of Columbia Classical Ballet, a South Carolina nonprofit corporation (“CCB”), and its program the School of Columbia Classical Ballet (“SCCB”). If the Participant is under the age of eighteen (18) years, the term “Participant” shall be construed to include both the actual minor Participant and the Participant’s parent or legal guardian agreeing to this Release on behalf of said minor Participant.

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WHEREAS, CCB is presenting its production of The Nutcracker (the “Production”), and CCB and SCCB are offering dance-related services and opportunities in connection with the Production, including without limitation auditions, casting, rehearsals, costume fittings, performances, and educational outreach performances, together with related instruction, training, fitness, and performance activities (collectively, the “Activities”); and

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WHEREAS, the Participant desires to execute and deliver this Release to acknowledge and confirm that the Participant has voluntarily decided to enter into and undertake one or more Activities, but that the Participant is responsible for, and assumes all risks related to, the same;

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NOW, THEREFORE, the undersigned agrees as follows:

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IN CONSIDERATION of being permitted to participate in any way in the Activities, the undersigned Participant (or the parent or legal guardian of the Participant, as the case may be), on behalf of the Participant and the Participant’s personal representatives, assigns, heirs, and next of kin:
 

1. ACKNOWLEDGES, agrees, represents, and warrants that the Participant understands the nature of the Activities, and that the Participant is qualified, in good health, and in proper physical condition to participate in such Activities; knows of no physical or mental condition, illness, or injury with respect to the Participant that would or should preclude the Participant from participating in the Activities; and willingly agrees to comply with the stated and customary terms and conditions of participation, including any rehearsal, attendance, costume, and fee requirements for the Production provided separately by CCB. The Participant further agrees and warrants that if at any time the Participant believes conditions to be unsafe, the Participant will immediately discontinue further participation in the Activity. The Participant further acknowledges having been encouraged to have a complete physical examination prior to participating in the Activities if the Participant has any health problems or considerations due to injury, illness, or age, or a history of heart disease, high blood pressure, respiratory problems, skeletal or muscular injuries, or other ailments or conditions that might be made worse by participation in the Activities or make the Participant more susceptible to illness or injury as a result of participation in the Activities.

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2a. FULLY UNDERSTANDS that: (a) the Activities involve risks and dangers of damage to personal property and serious bodily injury, including but not limited to strains, sprains, fractures, dislocations, back or muscle injury, slipping, tripping or falling, lifting, twisting, partial and/or total paralysis, or other trauma, injury, death, or other ailments that could cause serious disability and impair one’s general physical and mental health and hinder one’s future ability to earn a living and generally to enjoy life, as well as the possibility of emotional injury experienced as a result of witnessing or accidentally inflicting injury to another (“RISKS”). These RISKS include exposure, directly or indirectly, arising out of, contributed to by, or resulting from any infectious or communicable disease, including (without limitation) the current or any future outbreak of the novel coronavirus (COVID-19) and/or any mutation or variation thereof; (b) these RISKS and dangers may be caused by the Participant’s own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the “Released Parties” named below; (c) there may be other risks and social and economic losses either known to the Participant or not readily foreseeable at this time. The Participant (and the Participant’s parent or legal guardian, if applicable) fully accepts and assumes all such risks and all responsibility for losses, costs, and damages incurred as a result of the Participant’s participation in the Activity.

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2b. ALSO UNDERSTANDS AND AGREES that auditions, rehearsals, performances, educational outreach events, and other Activities may be photographed, filmed, or recorded at any time, and grants CCB and SCCB the irrevocable right to use the Participant’s name, image, likeness, and voice in photographs, video, and audio recordings forpromotional, educational, archival, and marketing purposes, including in print, on the web, and on social media, without compensation, except where the Participant has opted out (see Media Opt-Out below). Video or photography of any rehearsal or class, whether online or in person, is strictly prohibited unless written permission is granted. The Participant agrees not to reproduce, sell, share, or distribute any recordings of the Activities. The Participant understands that any music used in connection with the Activities is not the property of CCB or SCCB and is used for educational and performance purposes only.

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3. HEREBY RELEASES, DISCHARGES, AND COVENANTS NOT TO SUE CCB and SCCB, together with their respective directors, officers, employees, faculty, instructors, volunteers, and agents, as well as any other participants, sponsors, advertisers, and, if applicable, the owners, operators, and lessors of any premises or venue at which the Activities take place, including without limitation 610 Harden Street, Columbia, South Carolina, the Koger Center for the Arts, and any school, theater, studio, or other venue used for auditions, rehearsals, performances, or educational outreach (each considered one of the “Released Parties” herein), from all liability, claims, demands, losses, injuries, damage to property, or other damages on the Participant’s account, or that of the Participant’s parent(s) or legal guardian(s), caused or alleged to be caused in whole or in part by the negligence of the “Released Parties” or otherwise, including negligent rescue operations or negligent administration of first aid; and further agrees that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, the Participant, or anyone acting on the Participant’s behalf, makes a claim against any of the Released Parties, the undersigned will INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Released Parties from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.

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4. AUTHORIZES CCB and SCCB, in the event of an injury or medical emergency and if the parent or legal guardian cannot be reached, to arrange for emergency medical treatment and transportation as reasonably necessary, and assumes responsibility for the costs of any such treatment, confirming that the emergency contact and any medical information provided at registration is accurate and current.

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5. AGREES that this Release shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict-of-laws provisions, and that any dispute arising under it shall be brought exclusively in the state or federal courts located in Richland County, South Carolina.

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I HAVE READ THE FOREGOING WAIVER & RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.PARTICIPANT INFORMATION

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CONSENT OF PARENT / LEGAL GUARDIAN (if the Participant is under 18 years of age)

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By my signature below I certify that I am the parent or legal guardian of the Participant named above, and that no person’s signature other than mine is required in order to grant legal consent and execute a valid release on behalf of the Participant. I have read the above Waiver & Release of Liability and I understand that the Activities may potentially involve the RISK OF INJURY OR DEATH, and that by permitting the Participant, who is my child/ward, to participate in the Activities, the Participant may be subject to the possibility of injury or death. I acknowledge that I understand the contents of this form and I voluntarily choose to permit my child/ward to participate, and by signing do hereby release, indemnify, and hold harmless CCB, SCCB, and the other Released Parties from any claims, damages, demands, liabilities, and costs incurred, including attorney’s fees, as set forth in greater detail above. I understand and acknowledge that I have been encouraged to seek legal counsel before signing this document and

 that by signing this form I am severely limiting my legal rights.

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