General Agreement and Release of Liability
I hereby acknowledge that I have requested permission to participate in dance instruction or other activities on the premises of Top Dance Ballroom. I acknowledge and am aware that training, conditioning, and all other forms of dance activities, including the teaching, training or coaching thereof can be hazardous. I am voluntarily participating in dance or other activities with the knowledge of the danger involved and hereby knowingly and freely agree to assume any and all risks of injury, both known and unknown, even if arising from the negligence of the Releasees or others. In consideration for being permitted to use the facilities at Top Dance Ballroom, I hereby agree that I, and on behalf of my heirs, assigns, personal and legal representatives and next of kin will not make a claim against, sue, attach the property of, or prosecute Top Dance Ballroom, Lloyd Flumiani, LLC, their members, managers, directors, officers, officials, agents, employees and/or assignees, other participants, and, owners and lessors of premises used, for any claim I now have or may hereafter have for injury or property damage resulting from my use of the facilities at the Top Dance Ballroom whether caused by my acts or negligence or anyone else’s. In addition, it is understood that any and all insurance that I have shall be primary. I shall defend, indemnify and hold harmless Top Dance Ballroom, Lloyd Flumiani, LLC, their members, managers, directors, officers, officials, agents, employees and/or assignees, other participants, and, owners and lessors of premises used (“Releasees”) for and against any and all claims of injury, disability, death, or loss or damage to person or property, expenses and liabilities of any kind, including but not limited to attorney’s fees, in any way arising out of or in connection with my activities under this Agreement, whether arising out of the negligence of the Releasees or otherwise, except for willful misconduct, to the fullest extent permitted by law. I have carefully read this agreement and release and fully understand its contents. I am aware that this is a Release of Liability, a waiver of legal rights and contracts between me and Top Dance Ballroom. I sign this agreement and release of liability freely and voluntarily without any inducement. I further acknowledge that there are no warranties either express of implied, concerning the facilities, events or activities at Top Dance Ballroom.
Agreement To Mediate Disputes
Any controversy or claim arising out of or relating to this Agreement shall first be submitted to mediation before a retired judge or justice or an attorney specializing in mediation. If the parties do not agree on a mediator within thirty (30) days after written demand, either party may petition the Superior Court of Santa Clara County, California, to appoint a qualified mediator. The parties shall abide by the rules prescribed by the mediator and shall bear the cost of mediation equally. The parties shall bear their own attorney’s fees and costs for mediation. Any claim or controversy unresolved by mediation shall be resolved by the Superior Court of Santa Clara County, California, unless the parties otherwise mutually agree in writing. In any such unresolved claim or controversy based in contract law, brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to attorney’s fees and costs, in addition to any other relief to which that party may be entitled. In all other actions, each party shall bear their own attorney’s fees and costs.