Assumption of Risk
I, as an adult at least 18 years of age OR as a parent/legal guardian of this participant (interchangeably used as “I”), understand that my participation in the Sharing Dance Program, which includes dancing and movement, may involve certain elements of risk. Injuries can occur while travelling or participating in such activities. The risk of sustaining such injuries or loss or damage to property can occur without any fault of the participant, NBS, its Partners, its Contributors, and their respective employees, agents, contractors, faculty or the facility where the Sharing Dance Program activities are taking place.
I freely accept and assume the risk and the possibility of personal injury, illness, death, property damage or loss, however caused, that I incur as a result of my participation in the Sharing Dance Program activities.
Release of Liability and Waiver of Claims
In consideration of being permitted to participate in the NBS Sharing Dance Program, I agree to waive, release and discharge NBS, its Partners, its Contributors, facility owners and their respective directors, officers, employees, agents, contractors, faculty and volunteers of and from any and all liability for any claims, suits, demands, actions, damages, losses, judgments and costs (including legal fees) (hereafter referred to in these Terms and Conditions as “Claims”), which I have or may have in the future that might arise out of, or relate to my participation in any activities involved in the Sharing Dance Program, including but not limited to travelling to and/or from Sharing Dance Program events, notwithstanding that same may have been contributed to or occasioned by the negligence of NBS or any of the persons or entities listed herein.
I agree to indemnify and hold harmless NBS and the persons and entities listed in the preceding paragraph from any and all damages of any kind as a result of any Claims that might arise out of or relate to my participation in any activities involved in the Sharing Dance Program, including but not limited to travelling to and/or from Sharing Dance Program events, notwithstanding that same may have been contributed to or occasioned by the negligence of NBS or any of the persons or entities listed herein.
I acknowledge and agree that all intellectual property, including trademarks and copyright, in any format, provided or made available to me by NBS or its Partners for my use in relation to my participation in the Sharing Dance Program is the exclusive property of NBS.
I further acknowledge and agree that I will not use the intellectual property for any other purpose other than solely in relation to my participation in the Sharing Dance Program and that I will not alter, reproduce, sell, distribute or otherwise make available any intellectual property, in whole or in part, without the express written permission of NBS.
Media Consent and Grant
I hereby consent and grant NBS and its Partners, their directors, officers, employees, faculty and volunteers the exclusive right to photograph, video or otherwise capture my image and/or voice at any time in connection with the Sharing Dance Program and to use and to license others to use my name, or the name of the participant, and such recordings, and photographs (the “Recordings”) in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and promotion of NBS and its Partners. I further consent to the use, collection and disclosure of my personal information in the form of Recordings to be used in connection with the promotion of NBS and/or the Sharing Dance Program.
I further consent and grant NBS and its Partners the exclusive right to use, reproduce, disclose, archive, and create derivative works of the Recordings in print or electronic form, including without limitation on the internet and on the NBS or Partner’s website or related social media accounts.
In addition, I grant and convey to NBS and its Partners all right, title and interest in any and all Recordings, including, but not limited to, royalties, proceeds, or other benefits derived from the Recordings. I also waive any and all rights, including moral rights and privacy rights that I may have in the Recordings.
I acknowledge that the Recordings shall constitute the exclusive property of NBS and its Partners and that neither NBS nor its partners are responsible or liable for the use or misuse of Recordings available on their websites and social media pages by third parties. Given the broad reach of online material, I acknowledge that these Recordings may be accessed or disclosed outside of Canada.
I, hereby release and discharge NBS, its Partners, its Contributors, and their respective directors, officers, employees, agents, contractors, faculty, volunteers, assignees and licensees from any and all claims, liabilities, suits, damages, and expenses arising out of, connected with or incidental to the use of the Recordings, including without limitation, with respect to any and all claims based upon invasion of privacy, right of publicity, defamation, infringement of copyright or violation of any other right.
I, AS THE PARTICIPANT BEING 18 YEARS OF AGE OR OLDER, FOR MYSELF, OR, AS THE PARENT/LEGAL GUARDIAN OF THIS PARTICIPANT (INTERCHANGEABLY USED AS “I”), HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND I AM AWARE THAT BY CLICKING “SUBMIT” I AGREE TO ALL THE TERMS CONTAINED HEREIN AND THAT I AM WAIVING CERTAIN LEGAL RIGHTS AGAINST NBS, ITS PARTNERS, AND THE PERSONS LISTED ABOVE. I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO THE TERMS AND CONDITIONS SET OUT HEREIN. I AGREE THAT THE COURTS OF COMPETENT JURISDICTION IN THE CITY OF TORONTO, IN THE PROVINCE OF ONTARIO, SHALL HAVE EXCLUSIVE JURISDICTION IN ANY CLAIM OR LEGAL PROCEEDING WITH RESPECT TO ANY MATTER RELATED TO THIS AGREEMENT OR PARTICIPATION IN THE SHARING DANCE PROGRAM, AND THAT THE LAWS OF THE PROVINCE OF ONTARIO SHALL APPLY TO THIS AGREEMENT, AND WITH RESPECT TO ANY SUCH CLAIM OR PROCEEDING.