Agreement *
I,_______________________________________________, acknowledge that I have voluntarily chosen to participate in any programs, workshops, classes and related activities that are offered, sponsored or produced by Denise Simon Acting & Coaching, Inc. (the “Company”).

In connection with my activities with the Company and voluntarily engaging in the activities, I am aware that I will be entering, attending and performing in theatres, rehearsal spaces, outdoors and studios (collectively “Theatres and Studios”) that the Company does not own, manage or operate or has any ability to influence policies and procedures. These Theatres and Studios may have wires, lights, sets and other furnishings or equipment that are not always secured or stored properly. In addition, by attending at the Theatres and Studios I understand and acknowledge that I risk exposure to and contraction of potentially dangerous diseases and viruses, including the coronavirus disease (COVID-19) and severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), influenza and any other diseases or viruses. Finally, the Studios and Theatres may not have secure rooms or lockers to leave or store my personal belongings. I acknowledge that Company makes no representation as to the condition of the Theatres and Studios or the safety of any activities on or about the Theatres and Studios, including whether any safety precautions have been taken with regard to any of the above risks. I accept and shall use the Theatres and Studios, and their premises and equipment, in their “AS IS” condition.

I understand and acknowledge the risks associated with performing at the Theatres and Studios, including without limitation, personal injury, potential exposure and contraction of any diseases and viruses and theft or loss of property and that these risks may result in serious injury, illness, pain and suffering, temporary or permanent disability, and even death. I understand that my visit or actions may not be supervised and that the Company does not control the Theatres and Studios, may not have previously visited the Theatre and Studio, and cannot provide medical services. I also realize that injury and/or liability may arise or be compounded from the negligence or carelessness on the part of the persons or entities listed below and being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault.

I AM VOLUNTARILY PARTICIPATING IN THE PERFORMING ARTS AND WITH THE COMPANY WITH FULL KNOWLEDGE OF THE DANGER AND RISKS INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR THEFT, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN AND WHETHER OR NOT ARISING FROM NEGLIGENCE OR OTHERWISE.

1. Waiver and Release. As consideration for the Company allowing me to participate in the performing arts with the Company and related activities, I forever waive, release and discharge the Company, its affiliates and their respective directors, officers, employees, owners, volunteers, agents, contractors, representatives, heirs, beneficiaries and their successors and assigns (collectively “Releasees”) from any and all actions, claims, or demands that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives (“Related Parties”) now have, or may have in the future, for injury, death, illness, disease or property damage or theft, related to (i) my participation in all activities with the Company, (ii) the negligence or other acts, whether directly connected to the activity or not, and however caused or compounded, by the Company, any Releasees, or others, or (iii) the condition of the Theatres and Studios, property, building premises or other location where the foregoing described activities occur, whether or not I am then participating in the activity or traveling to or from the foregoing described activity (collectively (i) through (iii), the “Contemplated Activities”). I also agree that I and my related Parties will not make a claim against, sue, or attach the property of the Company or any Releasee in connection with any of the Contemplated Activities or otherwise. Our students’ safety is our number one priority. If a student is under the age of 18 and we have reason to believe their safety or well-being is at risk, we reserve the right to contact their guardian(s) or relevant authorities to ensure appropriate action is taken. This is to ensure a safe and supportive environment for all our students.

2. Promise Not to Sue. I also agree, for myself and all Related Parties, not to sue the Company and/or any Releasees or initiate or assist in the prosecution of any claim for damages or cause of action against the Company or any Releasees which I or my Related Parties may have as a result of any injury, death, illness, disease or property damage or theft, I may sustain in connection with the Contemplated Activities or otherwise.

3. Indemnity. I hereby agree to defend, indemnify and hold harmless the Company and/or any Releasees from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any injury, death, illness, disease or property damage or theft, sustained by reason of or arising out of my participation in the Contemplated Activities.

4. License to Use Likeness. I also understand that in connection with the Contemplated Activities, I may be filmed, photographed or interviewed. I agree to allow the Company, its licensees or their successors or assigns to use my image or visual likeness, my name and/or other personal information and/or my voice (the “Personal Information”), throughout the world, in any publications, digital format, Internet-based, television, radio or any other form of media now known or hereafter developed relating to such filming, photographs, interview or other activities.

5. Miscellaneous. This Agreement shall be construed broadly to provide a release and waiver and indemnity to the maximum extent permissible under applicable law. This Agreement is governed by and interpreted in accordance with the laws of the State of New York, without giving effect to conflict of law principles. I agree that any action arising out of this Agreement must be brought exclusively in any state or federal court located in Westchester County, New York. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter. This Agreement is an ongoing agreement and shall continue to apply to all activities of the participant with the Company. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE COMPANY AND SIGN IT OF MY OWN FREE WILL.