Arizona Repertory Theatre for Kids Program Agreement

At time of purchase of registration for Arizona Repertory Theatre for Kids
Registration (the “Activity”) a theater after school and summer camp program
with Arizona Repertory Theatre for Kids, a limited liability company in the State
of Arizona, (the “Producer”), I recognize that I am the [mother][father][legal
guardian] (the “Guardian”) for the child(ren) (“the Minor(s)”) that I purchased
after school program registration for. I, the Guardian, enter this Arizona
Repertory Theatre for Kids Program Agreement (the “AGREEMENT”) which
includes a Talent Release (the “Release”) and WAIVER AND RELEASE OF
LIABILITY which are both detailed below. This Agreement is entered to as of the
date of purchase of registration for the Minor(s), in favor of Arizona Repertory
Theatre for Kids with a principal place of business at ALA Santan Elementary
School at 34696 N. Village Ln. San Tan Valley, AZ 85142.
1. Talent Release Form.
The Guardian grants and assigns to the Producer and the Producer’s Agents all
right, title, and interest in and to the Recordings, including, but not limited to,
copyright. The Guardian understands and agrees that the Recordings shall be
the sole property of the Producer and that neither the Guardian nor the Minor
shall have any right to: (i) inspect or approve the Recordings; (ii) inspect or
approve any other recordings, text, graphics, images, or other content created in
connection with or combined with the Recordings; or (iii) receive any royalties or
other compensation arising from or related to the Recordings Use.
The Guardian agrees to release, discharge, and hold harmless the Producer and
the Producer’s Agents from any and all damages, liabilities, costs, expenses,
claims, and/or judgments of any kind or nature whatsoever arising from the
Recordings Use, including, but not limited to, those based on copyright
infringement, invasion of privacy, right of publicity, libel, defamation, or false
light. The Guardian acknowledges and agrees that this Release is binding on the
Guardian and the Minor, and their respective heirs, legal representatives, and
assigns.
The Guardian hereby represents that [he][she]: (i) is a legal adult and has the full
legal capacity to execute this Release; (ii) is the parent or legally appointed
guardian of the Minor; and (iii) has the full legal authority to execute this
Release on the Minor’s behalf. The Guardian further represents that the rights
granted under this Release will not conflict with or violate any other
commitment the Minor has with any other party. The Guardian has read this
Release prior to signing it and fully understands its contents, meaning, and
impact.
2. Waiver and Release of Liability
I hereby certify that I am the Guardian of the registered Minor(s), and I do
hereby give my consent without reservation to the foregoing on behalf of this
individual.
In consideration of the risk of injury while participating in the Activity, and as
consideration for the right to participate in the Activity, I hereby knowingly and
voluntarily enter into this waiver and release of liability and hereby waive any
and all rights, claims or causes of action of any kind whatsoever arising out of
mine or the Minor(s) participation in the Activity, and do hereby release and
forever discharge the Producer, their affiliates, managers, members, agents,
attorneys, staff, volunteers, heirs, representatives, predecessors, successors and
assigns, for any physical or psychological injury, including but not limited to
illness, paralysis, death, damages, economical or emotional loss, that I may
suffer as a direct result of my participation in the aforementioned Activity,
including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY with
Minor(s) AND WE are PARTICIPATING IN THE ACTIVITY ENTIRELY AT OUR OWN
RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM
AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE
NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING,
ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING
PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND
THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR MY
MINOR(S)’ OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL,  OR THE
CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME

ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN
THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless the Producer against any and all claims,
suits or actions of any kind whatsoever for liability, damages, compensation or
otherwise brought by me or anyone on my behalf, including attorney’s fees and
any related costs, if litigation arises pursuant to any claims made by me or by
anyone else acting on my behalf. If the Producer incurs any of these types of
expenses, I agree to reimburse the Producer.
I acknowledge that the Producer and their directors, officers, volunteers,
representatives and agents are not responsible for errors, omissions, acts or
failures to act of any party or entity conducting a specific event or activity on
behalf of the Producer.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S
PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR
SERIOUS INJURY, The risks may include, but are not limited to, those caused by
terrain, facilities, temperature, weather, lack of hydration, condition of
participants, equipment, vehicular traffic and actions of others, including but not
limited to, participants, volunteers, spectators, coaches, event officials and
event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE”
AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE
TO RELEASE AND DISCHARGE THE PRODUCER AND ALL OF ITS AFFILIATES,
MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS,
REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND
ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR
WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION
AGAINST Arizona Repertory Theatre for Kids FOR PERSONAL INJURY OR
PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence,
this release is also for negligence on the part of the Producer, its agents, and
employees.
In the event that my child should require medical care or treatment, I agree to
be financially responsible for any costs incurred as a result of such treatment. I
am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my
or my family’s willful actions, neglect or recklessness, I acknowledge and agree
to be held liable for any and all costs associated with any actions of neglect or
recklessness.
This Agreement was entered into at arm’s-length, without duress or coercion,
and is to be interpreted as an agreement between two parties of equal
bargaining strength. Both the Participant, I the Guardian, and the Producer
agree that this Agreement is clear and unambiguous as to its terms, and that no
other evidence will be used or admitted to alter or explain the terms of this
Agreement, but that it will be interpreted based on the language in accordance
with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be
deemed to be severable or invalid, or if any term, condition, phrase or portion of
this agreement shall be determined to be unlawful or otherwise unenforceable,
the remainder of this agreement shall remain in full force and effect, so long as
the clause severed does not affect the intent of the parties. If a court should find
that any provision of this agreement to be invalid or unenforceable, but that by
limiting said provision it would become valid and enforceable, then said
provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person provided at
purchase of registration.
I certify that I have read this agreement, that I fully understand its content and
that this release cannot be modified orally.
I am aware that this is a release of liability and a contract and that I am
accepting This Agreement of my own free will