Legal Document
Liability & Assumption of Risk Agreement
Bachata Sensual Orlando LLC d/b/a BSO Latin Dance
1. Parties
This Liability and Assumption of Risk Agreement ("Agreement") is entered into by and between Bachata Sensual Orlando LLC, a Florida limited liability company doing business as BSO Latin Dance, including its managers, officers, employees, independent contractors, instructors, volunteers, and agents (collectively, "BSO"), and the individual participant or, if applicable, the parent or legal guardian executing this Agreement on behalf of a minor ("Participant").
By checking the acknowledgment box at checkout, Participant electronically executes this Agreement and agrees to be bound by all terms herein.
2. Description of Activity
Participant wishes to participate in Latin dance instruction, group classes, workshops, rehearsals, events, open practice sessions, and any related physical activities offered by BSO Latin Dance, including but not limited to sensual bachata, salsa, kizomba, and other partner or social dance forms ("Activity"). Activities take place at BSO studios and affiliated venues in Orlando (Orange County) and Tampa (Hillsborough County), Florida, and at any off-site locations.
3. Assumption of Inherent Risks
Participant acknowledges and agrees that the Activity involves inherent risks of physical injury that cannot be eliminated regardless of the care taken by BSO. Participant expressly assumes all risks associated with the Activity, including but not limited to:
- Muscle strains, tears, and sprains
- Ligament and tendon injuries
- Falls, slips, and trips on studio floors
- Contact injuries from partner movements, lifts, and spins
- Overexertion, exhaustion, and dehydration
- Cardiovascular stress and related conditions
- Impact with studio equipment, walls, mirrors, or other participants
- Injury resulting from the actions or negligence of other participants
- Pre-existing conditions aggravated by physical activity
- Any other risk inherent to partner dance and physical fitness activities
Participant represents that they are physically capable of engaging in the Activity, have no medical conditions that would be contraindicated by vigorous physical exercise, and have consulted with a licensed physician if they have any doubt about their ability to safely participate.
4. Express Release, Waiver, and Discharge
In consideration of being permitted to participate in the Activity, Participant, on behalf of themselves and their heirs, personal representatives, assigns, and next of kin, hereby releases, waives, discharges, and covenants not to sue Bachata Sensual Orlando LLC and its managers, officers, members, employees, independent contractors, instructors, volunteers, agents, successors, and assigns (collectively, "Released Parties") from any and all claims, demands, liabilities, damages, losses, costs, and expenses of any nature whatsoever, whether known or unknown, arising out of or in connection with participation in the Activity, including claims arising from the ordinary negligence of the Released Parties.
This release includes, without limitation, claims for bodily injury, property damage, wrongful death, and loss of services, whether such claims arise before, during, or after participation in the Activity.
Note: This Agreement does not purport to release claims arising from gross negligence, willful misconduct, or intentional acts, to the extent such claims cannot be waived under applicable Florida law.
5. Indemnification and Hold Harmless
Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) Participant's participation in the Activity; (b) Participant's violation of any BSO studio rules or policies; or (c) any injury or damage caused by Participant to any third party during the Activity.
6. Acknowledgment of Studio Rules
Participant agrees to follow all BSO studio rules, instructor directions, and safety guidelines at all times. BSO reserves the right to remove any participant from an activity at any time for failure to comply with studio rules or for engaging in unsafe behavior.
7. Photo and Media Release
Participant grants BSO Latin Dance a non-exclusive, royalty-free license to use photographs, video recordings, and other media captured during BSO activities for marketing and promotional purposes, including on social media and the BSO website. Participant may opt out by notifying BSO in writing.
8. Severability
If any provision of this Agreement is found to be invalid, unlawful, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Agreement. The remaining provisions shall continue in full force and effect.
9. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida (for Orlando activities) or Hillsborough County, Florida (for Tampa activities), as applicable.
10. Electronic Signature
Participant acknowledges that checking the "I agree" box during the BSO checkout or registration process constitutes a legally binding electronic signature, with the same force and effect as a handwritten signature, pursuant to the Florida Electronic Signature Act, Florida Statute §668.006, and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. §7001 et seq.
The date and time of acceptance are recorded electronically and associated with Participant's account for record-keeping purposes.
11. Capacity and Authority
By accepting this Agreement, Participant represents and warrants that: (a) they are at least 18 years of age; or (b) if under 18, that the person accepting this Agreement is Participant's parent or legal guardian, acting with full authority to bind both themselves and the minor Participant. Participant further represents that they have read and fully understand this Agreement, and are not relying on any representation not expressly stated herein.
12. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, representations, or understandings relating thereto. This Agreement may not be modified except by a written instrument signed by an authorized officer of Bachata Sensual Orlando LLC.
Acknowledgment
By checking the acknowledgment box at checkout or registration, I confirm that I have read, understand, and agree to be legally bound by all terms of this Liability and Assumption of Risk Agreement. I acknowledge that I am voluntarily giving up substantial legal rights, including the right to sue Bachata Sensual Orlando LLC for injuries occurring during participation in BSO Latin Dance activities.