BRICKHOUSE NYC LIABILITY WAIVER:
IN CONSIDERATION for being permitted to utilize the services, and programs of Genmill LLC DBA Brickhouse NYC (“Brickhouse NYC”) and/or for my children listed above to participate for any purpose, including, but not limited to, observation or use of facilities or equipment, or participation in any off-site or on-site program or class affiliated with Brickhouse NYC. The Undersigned, on behalf of himself or herself and such participating children and any personal representatives, heir, and next of kin (hereinafter referred to as ‘’The Undersigned’’) hereby acknowledges, agrees and represents that he or she has inspected and carefully considered such premises, equipment and facilities and/or the affiliated program or class and that The Undersigned finds and accepts same as being safe and reasonably suited for the use or participation by The Undersigned and such participating children.
In addition, The Undersigned acknowledges that novel coronavirus (‘’COVID-19’’) infections have been confirmed throughout the United States, including cases in New York City. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), for slowing the transmission of COVID-19, The Undersigned hereby agrees, represents, and warrants that neither The Undersigned nor such participating children shall visit or utilize the facilities, services, and the programs or classes of Brickhouse NYC (other than any exclusively online services and programs) within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The Undersigned hereby agrees represents, and warrants that neither The Undersigned nor such participating children shall visit or utilize the facilities, services, and programs or classes of Brickhouse NYC if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The Undersigned agrees to notify Brickhouse NYC immediately if he or she believes that any of the foregoing access/use restrictions may apply.
Brickhouse NYC has taken certain steps to implement recommended guidelines and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions. The Undersigned acknowledges and agrees that Brickhouse NYC may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with Brickhouse NYC’s procedures prior to utilizing the facilities, services, and programs or classes of Brickhouse NYC. The Undersigned further acknowledges and agrees that, due to the nature of the facilities, services, and programs or classes offered by Brickhouse NYC, social distancing of 6 feet per person among dancers may not be entirely possible at all times. The Undersigned fully understands and appreciates both the known and potential dangers of utilizing the facilities, services, and the programs or classes of Brickhouse NYC and acknowledges that use thereof by The Undersigned and/or such participating children may, despite Brickhouse NYC’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER BRICKHOUSE NYC FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY ON-SITE OR OFF-SITE PROGRAMS OR CLASSES AFFILIATED WITH BRICKHOUSE NYC, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED, ON HIS OR HER BEHALF AND BEHALF OF SUCH PARTICIPATING CHILDREN, HEREBY RELEASES, WAIVES AND DISCHARGES Brickhouse NYC, its owners, directors, officers, employees, volunteers and agents from all liability to The Undersigned or such participating children and all personal representatives, assigns, heirs, and next of kin of The Undersigned or such participating children for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of, The Undersigned or such participating children (or any person who may contract COVID-19, directly or indirectly, from The Undersigned or such participating children) whether caused by the negligence, active or passive, of Brickhouse NYC or otherwise while The Undersigned or such participating children are in, upon, or about the premises or any facilities or equipment therein or participating in any program or class affiliated with Brickhouse NYC. The Undersigned expressly and knowingly waives all rights to sue Brickhouse NYC for any harm that comes as a result of participation in any programs or classes held by Brickhouse NYC.
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS BRICKHOUSE NYC, its owners, directors, officers, employees, volunteers and agents , and each of them, from any loss, liability, damage or costs they may incur, whether caused by the negligence active or passive, or otherwise while The Undersigned or any participating child is in, upon, or about the premises or any facilities or equipment therein or participating in any program or class affiliated with Brickhouse NYC, The Undersigned and such participating children in the event they suffer illness, injury, death, property loss, theft or damage if any sort upon, or about the premises or any facilities or equipment therein or participating in any program or class affiliated with Brickhouse NYC.
The Undersigned agrees and acknowledges that the use of Brickhouse NYC facilities and services, and participation in Brickhouse NYC programs or classes, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, exposure to COVID, death or property damage. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to The Undersigned or such participating children due to negligence, active or passive, or otherwise while in, about or upon the premises of Brickhouse NYC and/or while using the premises or any facilities or equipment thereon or participating in any program or class affiliated with Brickhouse NYC on or off site. The Undersigned acknowledges that any illness or injury that The Undersigned or such participating children contract or sustain may be compounded by negligent first aid or emergency response of the releasees and waive any claim in respect thereof.
THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as permitted by the laws of of the State of New York and that if any portion thereof is held invaild, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM BRICKHOUSE NYC IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY BRICKHOUSE NYC FACILITY PROGRAM OR CLASS AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO BRICKHOUSE NYC THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).