Greek Orthodox Folk Dance & Choral Festival (“FDF”)

Waiver, Release of Liability, Assumption of Risk and Indemnity Agreement

DEFINITION/DISCLOSURE:  FDF is a weekend competition whereby dance and choral teams present live performances of traditional Greek dances and songs for each other, their parents, friends, and the general public.  Some of the dances are quite athletic and rigorous.  Although the teams generally practice and perfect their sets prior to the competition, there are numerous obvious and non-obvious inherent risks present in such activity.  Participation in the FDF may include, but is not limited to: (1) performing on a raised stage or riser, (2) walking or traversing back stage areas with low hanging or protruding objects, power cords or similar obstructions, (3) performing under hot theater lights, (4) loud music, (5) performing in heavy and traditional costumes, and (6) walking or traversing dark or dimly lit rooms or performance halls.  FDF does not want to frighten you or reduce your enthusiasm for this activity, but we do believe it is important for you to know in advance what to expect and to be informed of the inherent risks of participating in the Festival. The following describes some, but not all of those risks:

It is possible for a Participant to experience injury, fatigue, dehydration, or other similar conditions, as a result of performing, preparing to perform, or observing performances under the terms and conditions stated.  It is possible that a Participant could fall off of the stage, resulting in injury.  A Participant could become overheated by the costumes or lights, or a Participant could trip over, fall, hit, or run into an obstruction causing serious injury.  It is not uncommon for a Participant to overexert themselves beyond their practice or training, resulting in an injury.  Some of the injuries we have seen include, but are not limited to, twisted ankles, torn ligaments, knee and back injuries, fainting, falling, overheating, dehydration, or similar hazards.  In addition, other risk factors may exist including, but not limited to, the lack of supervision by a parent or guardian.

FDF will take reasonable steps to limit the potential risks identified herein so that each Participant can enjoy the Festival activity for which he/she may or may not be skilled.  However, participation in the FDF is not without risk as certain risks associated with physical dance and similar performance activities cannot be eliminated without destroying the unique character of the activity.  The very elements which contribute to the unique character of this activity can be the cause of LOSS OR DAMAGE TO EQUIPMENT, ACCIDENTAL INJURY, ILLNESS, OR, IN EXTREME CASES, PERMANENT TRAUMA OR DEATH.

VOLUNTARY ACTIVITY:  Participation in the FDF is VOLUNTARY.  You are not required to participate in the FDF.  Participation in the FDF necessarily requires that you will be exposed to some or all of the risks identified herein.  Similarly, if you are a parent or guardian for a minor child, that child is not required to participate in the FDF.  If you do not give permission for your child to participate in the FDF, he/she will not be allowed to participate. 

IN CONSIDERATION OF YOUR PARTICIPATION IN THE FDF PROGRAM, YOU HEREBY AGREE AS FOLLOWS:

RELEASE:  I hereby release and discharge the Greek Orthodox Folk Dance & Choral Festival, the Greek Orthdox Metropolis of San Francisco, and the Greek Orthodox Archdiocese of America, its officers, directors, employees, volunteers, and agents (“Releasees”), and agree to indemnify, hold them harmless and defend them against any and all loss, damage, claim, or liability to myself, my personal representatives, executors, heirs, assigns and next of kin, resulting from injury and/or death and/or property damage, arising out of or related to participation in the FDF program that may occur, whether caused by the negligence of the Releasees or otherwise.

ASSUMPTION OF RISK/ACKNOWLEDGMENT:  I am aware that participating in the FDF entails RISK OF INJURY TO ANY PARTICIPANT.  I understand the description of these inherent risks is not complete and that other unknown or unanticipated risks, as well as the risk or negligence by any person or entity, including the negligence of Releasees, may result in injury or death.  I AGREE TO ASSUME ALL RISKS for myself, including all risk of negligence, and also those risks not specifically identified.  I hereby acknowledge that this Waiver, Release of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by Releasees, and is intended to be as broad and inclusive as permitted by the laws of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

JURISDICTION:  This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of California and no other jurisdiction.  Any litigation involving the parties to this Agreement shall be brought solely within the State of California, County of San Diego, and shall be within the jurisdiction of its Courts.

NO RELIANCE OTHER REPRESENTATIONS:  In entering into this Agreement, I am not relying on any oral or written statements made by the Releasees with respect to the safety of participation in the FDF, other than what is set forth in this Agreement.

READ AND UNDERSTOOD:  I have read this Waiver, Release of Liability, Assumption of Risk and Indemnity Agreement and fully understand its terms, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

PARENT/GUARDIAN PERMISSION FOR PARTICIPATION:   If I am executing this release as the parent or legal guardian having control or custody of the above named Participant (minor child), I hereby expressly grant my child permission to attend and to participate in the FDF.  Further, I acknowledge and execute this Waiver, Release of Liability, Assumption of Risk and Indemnity Agreement on behalf of my child. 

FDF Code of Conduct Policy Statement

I, an FDF participant acknowledge and agree to abide by the FDF Code of Conduct and further agree to accept the consequences for any actions that violate the rules of conduct as outlined below:

·        Use of illicit narcotics of any kind is strictly prohibited at all times by any participant at the Greek Orthodox Folk Dance & Choral Festival.

·        Consumption of alcoholic beverages involving participants under the age of 21 at the Greek Orthodox Folk Dance & Choral Festival, in hotel rooms or at any of its related functions, is strictly prohibited.

·        Smoking by participants under the age of 18 at any function of the Greek Orthodox Folk Dance & Choral Festival is strictly prohibited.  Smoking by adults is permitted only in publicly designated smoking areas.

·        Participants under the age of 18, who are unaccompanied by an adult, will be subject to a curfew from 2:00 AM until 6:00 AM.  No participant, minor or adult, shall loiter in hotel/facility halls or common areas, creating disruptive noise during these hours.

·        Visiting any hotel room, on which you are not listed as a registered guest, between the hours of 2:00 AM and 6:00 AM will be strongly discouraged.

·        Disrespect of any kind shown to a fellow dancer, singer or any other individual is strictly prohibited.

·        Damage to personal or public property of any kind is strictly prohibited and is the sole responsibility and liability of the person or persons involved.

·        Any FDF participant will immediately relinquish possession of any fake, forged or improperly fastened wristband upon the request of any FDF Management Team member or FDF Board of Trustees member.

·        These rules will be strictly enforced by Hotel, Convention Center and privately hired FDF security.

Violation of any of the above items may result in team probation, disqualification and possible eviction from any of the contracted facilities/venues for the Greek Orthodox Folk Dance & Choral Festival.

PROBATION

Participants who break the Code of Conduct, whether dancer, singer, parent, chaperone or non-participant spectator, will have their entire group or groups from their parish immediately put on probation.  Depending on the severity of the infraction the individual participant(s) involved and/or the entire group risks the possibility of exclusion from receiving any awards.  Groups placed on probation will remain on probation for the remainder of the weekend as well as through the duration of the following year’s FDF.  Any additional rule infractions while on probation will result in disqualification.  If a first time offense by a team is disputed, a committee comprised of three members of the FDF Board of Trustees will review the circumstances arising from the rule infraction.

DISQUALIFICATION

A second offense by anyone directly or indirectly associated with a dance group on probation will result in that group’s immediate disqualification.  Disqualification means that the dance group will be allowed to finish the competition, but they will not be eligible for any awards.  In addition, a copy of the official FDF reprimand will be sent to the community’s priest and Parish Council.  Further infraction of the rules by individuals associated with a disqualified group(s) during the remainder of the FDF will result in immediate ejection of those individuals from the FDF and eviction from any of the facilities/venues contracted for this event.  If a disqualifying event is disputed, a Peer Review Committee will rule on the specific circumstances of the behavioral transgressions.  The Peer Review Committee selected shall consist of one individual from each of the following areas: Advanced Juniors, Intermediate, Advanced Intermediate, Senior, Advanced Senior, and two FDF Board of Trustees members, for a total of seven people.  The Chairman of the Committee shall be elected from either the Senior or Advanced Senior classifications.  An appeal process is available.  Appeals will be reviewed by Metropolitan Gerasimos and the Board of Trustees.  Their decision shall be final with no further opportunity to appeal.