2023-2028 Terms and Conditions: Baychata Sensual and Baychata Dance Academy
Release of Liability and Indemnity Agreement
By purchasing a pass (the “Pass” or “Event Pass”), you acknowledge that you have chosen to participate in the Baychata Sensual event by Baychata Dance Productions LLC (the “Event Providers”), limited liability companies. You acknowledge that you are going to take part in all or some of its dancing activities and/or other recreational activities at the studios, nightclubs, or venues at which we choose to host the Event.
You understand that your participation in these activities poses risks of injury and in some cases, death. Other risks include those associated with the use of the facilities, including walking around the property and parking lots, and participating in dancing lessons, social dancing, dancing competitions, and special Events (collectively, “Use of the Facilities”).
Despite these risks and all other risks, and to the fullest extent allowed by law, you agree to assume all risks of injury or death that might be associated with or arise out of your participation in the Event or Use of the Facilities. You further understand that during your participation in the Event you are solely responsible for knowing and understanding your own ability to dance and perform strenuous physical movements.
In consideration for being allowed to participate in the Event and use the facilities, YOU AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE Baychata Dance Productions LLC, doing business as Baychata Sensual and Baychata Dance Academy, or any of their parent companies, subsidiaries, owners, employees, agents, volunteers, dance instructors, the studio, resort, or nightclub, for injury or death resulting from your participation in the Event or the Use of the Facilities, regardless of the cause, to the fullest extent allowed by law, including alleged negligence.
You further agree to defend, indemnify and hold harmless Baychata Dance Productions LLC, doing business as Baychata Sensual and Baychata Dance Academy, for any claims, lawsuits, damages, attorney fees, costs or judgments for personal injury or personal property damage or theft related in any way to your participation in the Event or Use of the Facilities.
YOU UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply whenever you participate in the Event or use the facilities or any studio/venue which organizer hosts events. You understand that this RELEASE OF LIABILITY will prevent you, or your heirs, from filing suit or making any claim for damages in the event of injury or death from your participation in the Event or Use of the Facilities.
Additionally, in the event that you file, or your legal representative files a claim or a lawsuit arising out of participation in the Event or the Use of the Facilities at the studio, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Baychata Dance Productions LLC & Baychata Dance Academy LLC, doing business as Baychata Sensual, for any damages, attorney’s fees or costs arising out of such a claim or lawsuit.
With a full understanding of this agreement, you nevertheless enter into this agreement freely and voluntarily and agree that it is binding upon you, your heirs, assigns, and legal representatives. You understand and agree that this agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable.
Recording, Transmission and Exhibition
You agree that the Event for which you purchase Passes is a public Event, that your appearance and actions inside and outside the venue where the Event occurs are public in nature, and that you have no expectation of privacy regarding your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during, or after performance).
By attending this Event, you authorize the organizer to use photography or videography footage of you for social media or promotional purposes without further authorization or compensation.
You Are Subject to Search
You and your belongings may be searched on entry to the Event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the Event without refund or other compensation.
Under certain facility rules, certain items may not be brought into the premises, including without limitation: alcohol, drugs, controlled substances, weapons, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles, and containers.
COVID-19 VIRUS LIABILITY WAIVER AGREEMENT
COVID-19 VIRUS LIABILITY WAIVER AGREEMENT IS MANDATORY FOR ALL PARTICIPANTS AT THE BAYCHATA SENSUAL DANCE EVENTS. NO EXCEPTION.
I desire to participate in the Baychata Sensual events or training produced by Baychata Dance Productions LLC & Baychata Dance Academy LLC and their affiliate companies, and in consideration of being allowed to participate, I agree as follows:
I agree to follow all Baychata Sensual & Baychata Dance Academy policies and procedures regarding COVID-19. I understand that even if I follow all policies and procedures, I may still contract this virus. Participation in this Event is voluntary and I fully understand this risk. I understand that I may be removed without any refund from the Event if I do not comply with the policies and procedures. The Baychata Sensual organization reserves the right to remove me and/or anyone at any time with or without cause.
I agree to follow CDC, California state, county, and city requirements and guidelines regarding mask policies in all public spaces if required during the Event. I agree to practice social distancing whenever feasible and wash or sanitize hands frequently.
I will not participate in Baychata Sensual events while I have COVID-19 or any related symptoms, including but not limited to: dry cough, shortness of breath, fever of 100°F or higher, sore throat, chills, fatigue, body aches, loss of taste or smell, headache, congestion, runny nose, nausea, vomiting, or diarrhea.
I understand that COVID-19 is contagious and I may contract COVID-19 even if I follow all procedures and precautions. I AGREE TO ASSUME ALL RISKS RELATED TO COVID-19. I fully assume all risks to person and property related to my participation, including but not limited to property damage, bodily injury, sickness, disease, and death.
I fully RELEASE, WAIVE, AND DISCHARGE and covenant not to sue Baychata Dance Productions LLC & Baychata Dance Academy LLC, including but not limited to their event providers, owners, producers, directors, advisors, volunteers, staff, employees, representatives, the hotel, the venue, and associated parties, from any claims, including court costs and attorney’s fees, arising directly or indirectly from COVID-19 or any other virus, whether or not caused by negligence.
I have read and fully understand this COVID-19 Liability Waiver Agreement and agree that it is legally binding upon me, my family, estate, heirs, and legal representatives.
Governing Law & Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action arising out of this Agreement shall be filed in a court of competent jurisdiction in Santa Clara County, California. The parties consent to personal jurisdiction and waive any objection to venue in such courts.
I have read all of the above and agree to abide by these terms and conditions for the Baychata Sensual events.
By purchasing a Pass to this Event or Training, I agree to be bound by all terms and conditions herein. If purchasing a Pass on behalf of a minor, I certify that I am the authorized parent or legal guardian and agree to bind the minor to these terms.
I understand that I may be found by a court of law to have forever waived my right, and/or the rights of any minor child(ren)/ward(s), to bring any claims against Baychata Dance Productions LLC & Baychata Dance Academy LLCand all released parties described herein. I knowingly and voluntarily assume all risks and agree to indemnify and hold harmless all released parties from any losses, liabilities, claims, damages, or expenses arising from participation in the Event or Use of the Facilities.
