AGREEMENT TO MONTHLY MEMBERSHIP AND RELEASE OF CLAIMS, ASSUMPTION OF RISKS WAIVER OF LIABILITY
WARNING: By signing this agreement (the “Agreement”) you will waive certain legal
rights, including your right to claim compensation arising out of any injury to or, death of,
you (hereinafter referred to as “the Participant”) which may occur as a result of the
Participant’s involvement in dance and dance instruction, and all other associated activities
(hereinafter referred to as the “Activities”).
By signing this Agreement I understand I agree to a monthly
membership. I understand this membership will automatically renew every 30 days, and I will
be billed every 30 days until I cancel my membership. If I cancel this Agreement more than 3
days after any charge I will not be entitled to a refund. There is NO cancelation fee.
I authorize Heart of Country Swing, LLC ("HCS") to take videos and
pictures of me while I am participating in the Activities and authorize HCS to use the videos
and pictures, free of charge, for any marketing purpose including posting and advertising on
any social media platform and website.
CODE OF CONDUCT.
While participating in the Activities I agree to abide by the following
code of conduct:
ASSUMPTION OF RISK.
- No alcohol or drugs are permitted on the property where the Activities are taking place,
- Appropriate clothing shall be worn at all times while on the Premises,
- No lewd behavior (eg. Excessive kissing, groping, or grinding etc.) shall be permitted
while on the Premises,
- No physical or verbal harassment of any kind will be allowed while on the Premises.
I hereby acknowledge and agree that I am aware that while I
participate in the Activities, such Activities have inherent risk and I am aware of the nature and
extent of those risks particulars of which include but are not limited to all manner of bodily
injuries, sickness or death. I knowingly and voluntarily assume the risks associated with the said
Activities and in so doing | understand that I will be solely responsible for any loss or damage
sustained, including loss or damage caused by bodily injury, illness or death to me or property
damage however caused.
I hereby forever, fully, unequivocally and irrevocably release, acquit and forever
discharge Heart of Country Swing, LLC., its employees, agents, volunteers, successors, assigns,
affiliates, officers, directors, attorneys, insurers, and members of and from any and all liability,
debts, duties, obligations, demands, claims, actions or causes of action, damages, losses,
expenses, attorneys fees and expenses of any kind, nature, character, type, or description
whatsoever in law or in equity, arising directly or indirectly from participation in the Activities,
including bodily injury, illness or death or property damage howsoever caused.
This Agreement sets forth the entire understanding between the
Participant and HCS hereto (the “Parties”) and it is expressly understood by the Parties hereto
that there are no representations, covenants or agreements between the Parties with reference to
the transactions contemplated herein, except as specifically set forth in this Agreement.
This Agreement shall be construed and interpreted and its performance
shall be governed by the Law of Utah without regard to conflicts of law. The Parties agree a
material term of this Agreement is that the exclusive jurisdiction and venue to enforce this
Agreement shall be the Fifth Judicial District in and for Washington County, State of Utah.
In case of necessity of an action at law or equity, or dispute related to this
Agreement, or the Activities, the prevailing party shall pay reasonable attorney fees (including
paralegal fees) and court costs necessitated. Attorney fees and costs shall be available whether or
not an actual lawsuit is commenced.
I am executing this Agreement freely and voluntarily without any compulsion on anyone’s
part. I acknowledge having read this Agreement in its entirety prior to signing it and agree
to be bound by all of its terms on behalf of myself, my respective heirs, beneficiaries,
executors, successors in interest and assigns. I acknowledge that I have been advised, and
given the opportunity to seek legal advice prior to signing this document.
INTENDING TO BE LEGALLY BOUND
I have signed this release and waiver of liability today, October 24, 2021.