Topline Performing Arts Engagement, Indemnification, Liability Release, and Assumption of Risk Agreement

This Engagement, Indemnification, Liability Release, and Assumption of Risk Agreement (the “Agreement”) is made today (the “Effective Date”), by and between the "Participant" (if 18 years or older, otherwise, the legal caregiver of said participant) and Topline Performing Arts with a primary address of 195 High St, Clinton, MA 01510. The Participant (if 18 years or older, otherwise, the legal caregiver of said participant) and Topline Performing Arts are referred to collectively in this Agreement as the "Parties."    

This Engagement, Indemnification, Liability Release and Assumption of Risk Agreement (the “Agreement”) governs during any Topline Performing Arts events, lessons, classes, rehearsals, performances, or activities while on or about 195 High St, Clinton, MA 01510 or other Topline Performing Arts class, rehearsal, or performance venue. In consideration of being serviced by Topline Performing Arts and allowed to use Topline Performing Arts premises, equipment, and services, including, but not limited to, birthday parties, private lessons, group classes, administrative tasks, rehearsals, and rentals (collectively “Topline Performing Arts Services”), I hereby agree and acknowledge, on behalf of myself, and/or on behalf of my minor/child(ren)/ward(s), as follows:

1) ASSUMPTION OF RISK: Participation in Topline Performing Arts is completely voluntary and undertaken only after full appreciation of the risks involved. In connection therewith, the outbreak of a highly infectious disease known as COVID-19 resulted in the declaration of a Public Health Emergency on January 30, 2020. According to the CDC and public health officials, COVID-19 spreads by interpersonal contact. The Topline Performing Arts Services covered by this Agreement include usage of space and supplies. As result, the Topline Performing Arts Services may be dangerous and entail both known and unknown risks including, but not limited to, the risk of contracting COVID-19 or other disease and attendant complications, including hospitalization or death. I voluntarily assume any risk and waive any claims of personal injury, COVID-19 infection and/or exposure, death, or damage to personal property associated with Topline Performing Arts. To the extent Topline Performing Arts provides or uses any safety equipment or personal protective equipment, I understand that Topline Performing Arts does not manufacture any of this safety equipment or personal protective equipment and I waive any liability against Topline Performing Arts for any defective productive products.

2) RELEASE/WAIVER OF LIABILITY: I, irrevocably and unconditionally agree not to sue and releases, waives, relinquishes, and discharges Topline Performing Arts, current and former directors, officers, board members, employees, agents, administrators, representatives, assigns, and insurers, from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my use of Topline Performing Arts premises, equipment, services and activities, including without limitation any claim for negligence, failure to warn or other omission, personal injury, illness, bodily harm or death to the maximum extent allowed by law. This release is applicable to and binding upon my past and present agents, representatives, spouse, attorneys, principals, executors, administrators, personal representatives, heirs, successors, insurers, and assigns.

I understand and agree that participating in any lesson, activity, class, workshop, rehearsal, or performance, there is a possibility of physical injury or death. I voluntarily agree, therefore, to assume all risks and responsibility for any such injury or accident, which might occur to me during any of Topline Performing Arts lessons, classes, rehearsals, performances, or activities or while on or about 195 High St, Clinton, MA 01510 or other Topline Performing Arts class, rehearsal, or performance venue. I also exempt, release, and indemnify Topline Performing Arts, its owners, agents, volunteers, assistants, employees, guest artists, faculty members, and/or students from any and all liability claims, demands, or causes of action whatsoever from any damage, loss, injury, or death to me or property which may arise out of or in connection with participation in any classes or activities conducted by Topline Performing Arts. I further hereby voluntarily agree to waive my rights and that of my heirs and assigns to hold Topline Performing Arts, its owners, agents, volunteers, assistants, employees, guest artists, faculty members, and/or students liable for such damage, loss, injury, or death. I understand that I should be aware of my physical limitations and agree not to exceed them.

3) MEDIA RELEASE: I hereby irrevocably consent to and authorize the use and reproduction by Topline Performing Arts and its Teaching Artists of any and all photographs, recordings, videotapes, and/or other reproductions of my likeness or characteristics (“reproductions”) for any purpose, whatsoever, without compensation. All reproductions shall constitute property of Topline Performing Arts solely and completely. I assign and release all rights to said reproductions and authorize Topline Performing Arts (or others authorized by them) to exhibit, broadcast, and/or distribute or otherwise further reproduce said reproductions in whole or in part over in any medium whatsoever, including, without implied limitation, newsletters, radio, newspapers, closed circuit television, film, cable, television, websites, and social media with or without compensation in perpetuity. I also release, discharge and agree to hold harmless the producers or any persons, or entities acting under their permission or authority from any liability arising from the use of said reproduction.

4) INDEMNIFICATION: I am solely responsible for all damages caused to Topline Performing Arts property and to the property of others as a result of my use of Topline Performing Arts premises, except as may result from the gross negligence or willful misconduct of Topline Performing Arts. I hereby agree to defend, indemnify and hold harmless Topline Performing Arts from and against all actions, losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and/or suffered by Topline Performing Arts including, but not limited to, any and all attorneys’ fees, costs, damages, and/ or judgments Topline Performing Arts may pay or become obligated to pay on account of any claim or assertion of liability for damage to the extent arising or alleged to arisen out of my act or omission, except as may result from the gross negligence or willful misconduct of Topline Performing Arts.

5) TERM OF AGREEMENT: I represent, warrant, and agree that until canceled by a writ signed by both Parties, this Agreement shall apply and be applicable to each and every time I visit or receive services from Topline Performing Arts

6) NO ADMISSION OF LIABILITY. Nothing in this Agreement will be construed as an admission by Topline Performing Arts that it acted wrongfully with respect to myself or any other person.

7) ENTIRE AGREEMENT/AMENDMENT. This Agreement is absolute and unconditional and constitutes the full, complete, and entire understanding and agreement between Parties with respect to the subject matter of this Agreement. I acknowledge and affirm that I have not executed this Agreement in reliance upon any promises, representations, statements, warranties, covenants or undertakings not contained within this Agreement. This Agreement may not be amended, modified, altered, changed, limited, or terminated, except by a writing signed by all of the Parties. No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement will operate as a waiver, nor will any single or partial exercise of any right, remedy, or power under this Agreement preclude any other or further exercise, or the exercise of any other right, remedy, or power provided in this Agreement or by law or in equity.

8) SEVERABILITY. If for any reason any provision of this Agreement is determined to be invalid or unenforceable, that provision will be deemed modified to whatever extent necessary to render it enforceable, and if the Court declines to so modify the provision, then the remaining provisions of this Agreement will be construed, performed, and enforced as if the invalidated or unenforceable provision had not been included in the text of the Agreement.

9) BENEFIT/AUTHORITY. This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. I represent and warrant to the others that I have the power and authority to enter into and execute this Agreement on behalf of myself, children, wards, and on behalf of their respective present and former spouses, attorneys, principals, executors, administrators, personal representatives, heirs, successors, and assigns.

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10) GOVERNING LAW. This Agreement will be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts without regard to Massachusetts’ conflict of law principles.