I am the parent or legal guardian of the above student (my "Child"). In consideration of my Child's opportunity to participate in the dance training, educational courses, instructional classes, recreational activities, and other activities (collectively, "Activities") offered at, by, or through the Houston Ballet Academy, I, on both my and my Child's behalf and on behalf of my Child's and my heirs, agents, successors, and assigns, hereby freely and voluntarily enter into this Parent/Guardian Waiver and Assumption of Risk and Release of Liability ("Waiver") in favor of the Houston Ballet Academy, the Houston Ballet Foundation, and each of the foregoing's respective affiliates, officers, directors, managers, members, trustees, employees, representatives, agents, instructors, staff, volunteers, independent contractors, successors, and assigns (collectively, the "Houston Ballet"). Accordingly, I hereby agree and acknowledge as follows:
ASSUMPTION OF RISK AND RELEASE OF LIABILITY
I understand that my Child may engage in Activities at, by, or through the Houston Ballet that may be hazardous, that others, including but not limited to other students, visitors, instructors, employees, staff, volunteers, independent contractors, agents, and representatives of Houston Ballet, may also be engaging in these and other potentially hazardous activities and that their actions could pose a hazard to my Child, and that there is risk of injury inherent in all of these activities. I HEREBY SPECIFICALLY AND EXPRESSLY ASSUME THE RISK OF INJURY AND HARM TO MY CHILD RELATED TO THOSE ACTIVITIES AND ANY OTHER ACTIVITIES AT, BY, OR THROUGH THE HOUSTON BALLET, INCLUDING FOR INJURIES OR DAMAGES ARISING OUT OF OR ATTRIBUTABLE TO THE HOUSTON BALLET'S NEGLIGENCE.
I, FURTHER HEREBY, WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO MAKE OR BRING, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HOUSTON BALLET FROM ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, IN LAW OR IN EQUITY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING REASONABLE ATTORNEY FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, ARISING OUT OF OR RELATED TO MY CHILD'S PARTICIPATION IN THE ACTIVITIES AND IN THE HOUSTON BALLET ACADEMY'S PROGRAM, INCLUDING FOR CLAIMS ARISING OUT OF OR ATTRIBUTABLE TO THE HOUSTON BALLET'S NEGLIGENCE (COLLECTIVELY, THE "RELEASED CLAIMS"). I understand that this Waiver discharges the Houston Ballet from any and all liability or claim that I or my Child may have against the Houston Ballet for injury, illness, death, property damage, or other loss that may result from my Child's activities with the Houston Ballet.
ENFORCABILITY AND SEVERABILITY
I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and that this Waiver shall be governed by and interpreted in accordance with the laws of the State of Texas. I agree that the exclusive venue for any dispute arising out of or related to this Waiver of the Released Claims is in state or federal court in Harris County, Texas. I agree that if any clause or provision of this Waiver is held to be invalid by any court of competent jurisdication, the invalidity of such clause or provision will not otherwise affect the remaining provisions of this Waiver, which continue be enforceable.
CONSENT TO PARTICIPATE
I express consent to my Child's participation in the Houston Ballet Academy's program and all Activities, and I further consent to my child's participation in other activities such as performances in connection with such program and the Houston Ballet.
To my knowledge, my Child does not have any medical problem(s) other than those that have been disclosed in writing to the Houston Ballet. If, between this date and the beginning of the Academy season, any illness or injury should occur that may limit the student's participation, I agree to notify the school authorities of such illness or injury in writing.
I represent that my Child is not now suffering from any physical or mental disability, which prevents them from dancing. I understand that continuing to dance may result in the aggravation of previous injuries and/or sustaining new injuries. I also fully understand that any or all of the injuries sustained while my Child is participating could result in future permanent disability. I fully understand the possible consequences of dance, desire for my Child to be permitted and cleared to dance, and hereby assume the risk of the matters set forth above. I understand that, should my Child by injured during the Houston Ballet Academy programming, a full release for all activities by a doctor may be required before my Child will be allowed to resume participation in the program.