LIABILITY RELEASE AND WAIVER OF CLAIMS

1. Purpose and Scope

This Liability Release and Waiver of Claims (“Waiver”) is entered into by and between Sharpen Up DTT, LLC, an Arizona limited liability company (“Company”), and the undersigned individual (“Participant”). If the Participant is an adult (age 18 or older), the Participant executes this Waiver on their own behalf. If the Participant is a minor (under age 18), the undersigned parent or legal guardian (“Parent/Guardian”) executes this Waiver on behalf of the minor Participant, and all acknowledgments, representations, certifications, consents, waivers, releases, and obligations set forth herein are made and assumed by the Parent/Guardian on behalf of the minor. This Waiver applies to ALL activities, events, programs, services, and offerings organized, hosted, sponsored, or facilitated by the Company, including but not limited to:

• In-person dance events, including The Band Lab, Ready by Sharpen Up!, CDL Launchpad, and any other Sharpen Up DTT events, workshops, intensives, social dances, and gatherings;
• Online classes, courses, training sessions, and virtual instruction delivered through College Dance Launch, courses.sharpenupdtt.com, or any other platform utilized by the Company;
• Conferences, seminars, networking events, and any other Company-sponsored activities, whether held in-person or virtually.

By signing this Waiver, Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) acknowledges and agrees that this document covers all past, present, and future participation in any and all Company activities unless a separate, superseding waiver is executed.

2. Assumption of Risk (In-Person Activities)

Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) acknowledges that participation in in-person dance events and activities organized by the Company involves INHERENT RISKS that cannot be eliminated regardless of the care taken to avoid injury. These inherent risks include, but are not limited to:

• Muscle strains, sprains, tears, and soft tissue injuries;
• Bone fractures, dislocations, and joint injuries;
• Concussion and traumatic brain injury;
• Spinal injury, including herniated discs, nerve damage, and paralysis;
• Serious bodily injury, permanent disability, and death;
• Injuries caused by slippery, uneven, or otherwise hazardous floor surfaces;
• Physical contact with other dancers, participants, spectators, or objects;
• Injuries resulting from physical exertion, overexertion, fatigue, or dehydration;
• Adverse reactions to environmental conditions including heat, cold, humidity, lighting, noise levels, and air quality;
• Injuries caused by the actions, inactions, or negligence of other participants or third parties;
• Exposure to communicable diseases, viruses, bacteria, and other illnesses.

PARTICIPANT (OR, IF THE PARTICIPANT IS A MINOR, THE PARENT/GUARDIAN ON BEHALF OF THE MINOR PARTICIPANT) UNDERSTANDS AND VOLUNTARILY ACCEPTS ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, AND ASSUMES FULL RESPONSIBILITY FOR ANY INJURY, ILLNESS, DAMAGE, OR LOSS THAT MAY RESULT FROM PARTICIPATION IN IN-PERSON ACTIVITIES.

3. Assumption of Risk (Online/Virtual Activities)

Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) acknowledges that participation in online classes, virtual training sessions, and remote instruction carries its own set of risks, including but not limited to:

• Risks associated with exercising at home or in an unsupervised environment without the direct oversight of an instructor;
• Injuries resulting from improper, uneven, slippery, or otherwise unsuitable surfaces for dance or physical activity;
• Injuries caused by space limitations, furniture, walls, objects, or other obstacles in the participant’s environment;
• Equipment malfunctions, failures, or misuse, including but not limited to electronic devices, footwear, and exercise equipment;
• Overexertion, fatigue, muscle strain, and cardiovascular stress from performing movements without in-person correction or modification;
• Injuries resulting from attempting movements beyond the participant’s current skill level or physical ability.

PARTICIPANT (OR, IF THE PARTICIPANT IS A MINOR, THE PARENT/GUARDIAN ON BEHALF OF THE MINOR PARTICIPANT) ACKNOWLEDGES THAT THE COMPANY CANNOT MONITOR, SUPERVISE, OR CONTROL THE PARTICIPANT’S PHYSICAL ENVIRONMENT DURING VIRTUAL ACTIVITIES AND ASSUMES ALL RISK ASSOCIATED WITH THE PARTICIPANT’S CHOSEN EXERCISE LOCATION AND CONDITIONS.

4. Certification of Physical Fitness

By signing this Waiver, Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) certifies and represents the following:

1. Participant is in good physical health and physically fit to participate in dance activities, physical training, and related exercises, as certified by the Participant or, if the Participant is a minor, as certified by the Parent/Guardian on behalf of the minor Participant;
2. Participant has no medical condition, disability, or ailment that would prevent safe participation or that would be aggravated by participation in the Company’s activities, as certified by the Participant or, if the Participant is a minor, as certified by the Parent/Guardian on behalf of the minor Participant;
3. Participant has consulted with a licensed physician regarding their fitness to participate, if the Participant or, if the Participant is a minor, the Parent/Guardian has any concerns about the Participant’s physical ability to do so;
4. Participant, or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant, has disclosed to the Company any medical conditions, allergies, or limitations that may affect participation or require special accommodations;
5. Participant, or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant, takes full responsibility for monitoring the Participant’s physical condition during all activities and agrees to cause the Participant to cease participation immediately if the Participant experiences pain, dizziness, shortness of breath, or any other symptoms of physical distress.

5. Voluntary Participation

Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) affirms that the Participant’s participation in all Company activities is ENTIRELY VOLUNTARY. No person, entity, or circumstance has coerced, pressured, or otherwise compelled the Participant or, if applicable, the Parent/Guardian to engage in any activity covered by this Waiver. Participant (or the Parent/Guardian on behalf of the minor Participant) understands and agrees that the Participant may withdraw from participation at any time, for any reason, without penalty or obligation. Participant (or the Parent/Guardian on behalf of the minor Participant) further acknowledges that withdrawal from an activity does not entitle the Participant to any refund unless expressly provided by the Company’s refund policy.

6. Release and Waiver of Claims

IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN ANY AND ALL ACTIVITIES OF SHARPEN UP DTT, LLC, PARTICIPANT (OR, IF THE PARTICIPANT IS A MINOR, THE PARENT/GUARDIAN ON BEHALF OF THE MINOR PARTICIPANT) HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE FOLLOWING PARTIES (COLLECTIVELY, THE “RELEASED PARTIES”):

Sharpen Up DTT, LLC, and its owners, members, managers, officers, directors, employees, agents, instructors, volunteers, independent contractors, affiliates, successors, assigns, and any and all persons or entities acting on its behalf or in connection with its activities.

PARTICIPANT (OR, IF THE PARTICIPANT IS A MINOR, THE PARENT/GUARDIAN ON BEHALF OF THE MINOR PARTICIPANT) HEREBY RELEASES THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, BODILY INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, AND ALL RELATED DAMAGES, LOSSES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PARTICIPANT’S PARTICIPATION IN COMPANY ACTIVITIES.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. PARTICIPANT (OR, IF THE PARTICIPANT IS A MINOR, THE PARENT/GUARDIAN ON BEHALF OF THE MINOR PARTICIPANT) ACKNOWLEDGES THAT THIS WAIVER COVERS CLAIMS OF NEGLIGENCE ON THE PART OF THE COMPANY, ITS EMPLOYEES, AGENTS, AND INSTRUCTORS.

This Release and Waiver does NOT apply to claims arising from the gross negligence or willful misconduct of the Released Parties.

7. Indemnification

Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS Sharpen Up DTT, LLC, and all Released Parties from and against any and all claims, demands, actions, causes of action, judgments, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) brought by Participant, the Parent/Guardian, on Participant’s behalf, or by any third party, arising out of or in connection with Participant’s participation in any Company activities, including but not limited to:

• Claims for personal injury, property damage, or wrongful death brought by Participant, the Parent/Guardian, or Participant’s heirs, estate, or representatives;
• Claims brought by third parties who are injured or damaged as a result of Participant’s actions or inactions during Company activities;
• Any breach of this Waiver or any representation or warranty made herein by Participant or, if applicable, the Parent/Guardian.

8. Medical Authorization and Consent (Minors)

If the Participant is a minor (under the age of 18), the undersigned Parent/Guardian hereby executes this Waiver on behalf of the minor Participant and provides the following authorizations and consents:

1. In the event of an emergency, parent/guardian authorizes the Company and its agents to secure emergency medical treatment, including but not limited to first aid, CPR, ambulance transportation, hospitalization, surgery, and any other medical intervention deemed necessary by medical professionals for the minor Participant;
2. Parent/guardian agrees to bear all costs and expenses associated with any emergency medical treatment provided to the minor Participant, including but not limited to hospital bills, physician fees, ambulance charges, medication costs, and rehabilitation expenses;
3. Parent/guardian acknowledges that the Company does not provide medical insurance coverage for participants and that any medical expenses incurred are the sole responsibility of the parent/guardian;
4. Parent/Guardian represents that they have the legal authority to consent to medical treatment on behalf of the minor Participant and to execute this Waiver, including all acknowledgments, representations, certifications, releases, waivers, and obligations herein, on the minor’s behalf.

9. Health Insurance Certification

Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) certifies that the Participant currently maintains adequate medical and health insurance coverage sufficient to cover any injuries or illnesses that may occur as a result of participation in Company activities. Participant (or the Parent/Guardian on behalf of the minor Participant) acknowledges that Sharpen Up DTT, LLC does NOT provide medical, health, or accident insurance coverage for participants and that the Participant’s own insurance shall be the primary coverage for any injury, illness, or medical expense arising from participation. In the event that the Participant does not maintain adequate health insurance, the Participant (or, if the Participant is a minor, the Parent/Guardian) assumes full financial responsibility for any and all medical expenses resulting from the Participant’s participation.

10. Covenant Not to Sue

PARTICIPANT (OR, IF THE PARTICIPANT IS A MINOR, THE PARENT/GUARDIAN ON BEHALF OF THE MINOR PARTICIPANT) COVENANTS AND AGREES THAT THEY WILL NOT FILE, OR CAUSE TO BE FILED, ANY LAWSUIT, CLAIM, DEMAND, OR LEGAL ACTION OF ANY KIND AGAINST THE RELEASED PARTIES ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPANT’S PARTICIPATION IN COMPANY ACTIVITIES.

In the event that Participant or, if applicable, the Parent/Guardian breaches this covenant and files a lawsuit or claim against any Released Party, the breaching party agrees to pay all costs, expenses, and attorneys’ fees incurred by the Released Parties in defending such action, regardless of the outcome of the litigation.

11. Binding Effect

This Waiver shall be binding upon the Participant, the Parent/Guardian (if the Participant is a minor), and their respective heirs, executors, administrators, personal representatives, assigns, and next of kin. Participant (or the Parent/Guardian on behalf of the minor Participant) agrees that this Waiver extends to and protects the Released Parties against claims brought by any person or entity on Participant’s behalf, including but not limited to Participant’s family members, the Parent/Guardian, estate, heirs, survivors, and any legal representatives. This Waiver shall remain in full force and effect for all current and future participation in Company activities unless revoked in writing by the Participant (or the Parent/Guardian) and acknowledged in writing by the Company.

12. Governing Law

This Waiver shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Waiver or the breach, termination, enforcement, interpretation, or validity thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona. Participant hereby consents to the personal jurisdiction of such courts and waives any objection to venue therein.

13. Severability

If any provision, clause, or section of this Waiver is found to be invalid, unenforceable, or void by a court of competent jurisdiction, such finding shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties, or if modification is not possible, it shall be severed from this Waiver.

14. Acknowledgment

BY SIGNING BELOW, PARTICIPANT (OR, IF THE PARTICIPANT IS A MINOR, THE PARENT/GUARDIAN ON BEHALF OF THE MINOR PARTICIPANT) ACKNOWLEDGES AND AGREES TO THE FOLLOWING:

1. Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) has carefully read this Liability Release and Waiver of Claims in its entirety;
2. Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) fully understands the terms, conditions, and legal consequences of signing this Waiver;
3. Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) signs this Waiver freely, voluntarily, and without any inducement, coercion, or duress;
4. Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) understands that by signing this Waiver, they are giving up substantial legal rights, including the right to sue the Released Parties for injuries resulting from ordinary negligence;
5. Participant (or, if the Participant is a minor, the Parent/Guardian on behalf of the minor Participant) intends this Waiver to be a complete and unconditional release of all liability to the greatest extent permitted by law;
6. For minor Participants: The Parent/Guardian acknowledges all of the above on behalf of the minor Participant, affirms that they have the legal authority to execute this Waiver and bind the minor to its terms, and accepts all obligations, representations, certifications, releases, waivers, and responsibilities set forth herein on behalf of the minor.

For questions or concerns regarding this Waiver, please contact: info@sharpenupdtt.com