RELEASE, WAIVER AND LIMITATION OF LIABILITY AND INDEMNITY AGREEMENT
For the following programs, competitions, and activities provided by the MTAC Torrance Branch
CM Branch Recitals (Branch Honors/Branch Senior Medallion)
June Luncheon Performance**
Music Students’ Service League (MSSL)
Themed Music Festival
Southern California Junior Bach Festival (SCJBF), Torrance Branch (TB) Competition*
Torrance Branch Celebration Recital
Young Artist Guild (YAG) performance**
* All rules and regulations governing the TB Competition of the SCJBF are established by the SCJBF.
** Pending or not an annual event
1. No Representation or Warranties
The MTAC Torrance Branch (hereinafter referred to as the “Branch”) is a non-profit organization administered by volunteers. All programs, competitions, activities, meetings and services, (hereinafter referred to as an “Event”) are provided by the Branch to the Participants (which term includes parents, students, members, teachers, competition evaluators and judges, collaborative musicians, event attendees and program presenters) without warranty or representation, express or implied; the Branch will not be responsible or liable for how any Participant may use the services provided or for the success or results of any Participant in the Branch Events. The Branch will not be liable to any Participant or any other person for any loss, damages, or injury caused by the use or mis-use of the services or for any uncontrollable disturbances, other than as stated herein.
2. Release, Waiver of Liability; Indemnity
Release. I fully understand that my and/or my child’s participation in the Branch Events may involve inherent risks of accident, damage, or injury, and I fully accept and assume all such risks and responsibility that I or my child may incur as a result of participation, whether known or unknown to me, including travel to and from the event (including air travel) or any activity incidental to the event.
Waiver of Liability. To the fullest extent permitted by Law, I hereby covenant not to sue the Branch, their respective Directors, Officers, Agents, Members, and/or volunteers (hereinafter referred to as the “Releasees”) for any claims arising out of my child’s participation in Branch Events and do hereby waive, release, and discharge any and all liability, claims, demands, losses or damages arising out of or related to my or my child’s participation in the Branch Events, whether based in contract or tort, including actual, compensatory, incidental, special, consequential, punitive or exemplary damages.
Indemnity. If, despite the Release and Waiver, anyone makes a claim against any of the Releasees, I agree to indemnify, defend, and hold harmless the Releasees from any and all claims, demands, losses, attorneys’ fees, costs, liabilities or damages against the Branch, their respective Directors, Officers, Agents, Members, volunteers, arising out of my or my child’s participation in the Branch Events.
3. Limitation of Liability
In the event of a Dispute (which term includes disagreements, conflicts, claims, complaints, controversies, rights, actions, or grievances that arise out of, relate to or concern the adoption of, interpretation, performance, or enforcement of the Event rules and any decision by the Branch Board relating to the Event which includes all claims for breach of contract, negligence or any tortious conduct), the parties involved shall use their best efforts to settle the Dispute directly, and in accordance with all governing documents and the procedures as provided herein below under the Branch Dispute Resolution Line of Communication in paragraph 4 below.
I fully understand and agree that as a condition of my or my child’s participation in the Branch Events, I shall not be entitled to recover any monetary damages against the Branch or any of its agents, officers, directors, or volunteers, for any claim, whether arising in tort or in contract, other than as provided herein. The total amount that may be awarded by an arbitrator after a hearing as provided in paragraph 5 below, if the Participant prevails, shall under no circumstances exceed the amount of the application fee paid by the Participant for the Branch Event, or $100, whichever is greater.
4. Branch Dispute Resolution Line of Communication
Reporting Disputes should be according to the following line of communication:
a. A Dispute by any Participant (e.g, parent, student, piano collaborator) shall be reported to the Participant’s affiliated teacher.
b. The teacher will then notify the Event Chair.
c. If the Dispute is about the teacher, then the Participant will directly notify the Event Chair.
d. If the person bringing forth the complaint is not affiliated with a teacher, the report goes directly to the Event chair.
e. Once the Event Chair is notified about a complaint, he/she will notify the Branch Board according to the instructions on the Conflict Report Form, TB Form: 002 (SA).
f. If the complaint is about the Event chair, then the teacher will notify the Branch President, and the Branch President will notify the Branch Board.
5. Mediation, Arbitration and Waiver of Jury Trial
If the Dispute is not resolved by the Branch Board subsequent to its decision, or by mutual agreement, then the Participant may request that the Dispute be submitted to mediation. All Disputes regarding the enforcement, interpretation, or application of the rules of any competition, program or services, including any claims for breach of contract, negligence, tortious acts or breach of any duty by the Branch Board or its authorized agent shall be resolved in the manner provided herein. The mediation shall be conducted by a mutually acceptable, independent qualified professional neutral mediator, or selected from the panel of any recognized qualified mediation provider in Los Angeles (such as AAA, ADR Services, JAMS, MCLA or ARC). The Participant, whose complaint, grievance or claim remains unresolved, shall give written notice to the Branch Board of their request to submit the dispute or claim to mediation and the notice shall contain the name of at least 3 experienced mediators who may be accepted or rejected by the Branch Board. If the parties are unable to agree to a mediator, the parties shall request that the mediation panel provider select a qualified mediator. The fees of said mediator shall be divided equally between the Branch and the Participant. The mediation shall be conducted under the rules of confidentiality as provided under California law including Evidence code § 1119 through § 1128.
Binding Arbitration and Waiver of Jury Trial
If the Dispute is not resolved directly by the parties or by mediation, then all Disputes, Claims, Actions, Causes of Action, Grievances, Controversies, Rights and Duties arising out of any Event shall be submitted to binding arbitration pursuant to the rules of any organization under which the arbitration is conducted, (such as AAA, ADR Services, JAMS, or ARC), or any other dispute resolution organization. A written request for binding arbitration must be submitted in writing to the arbitrator or service provider within 30 calendar days after receipt of the final decision by the Board, otherwise the right to an arbitration shall be barred. The parties shall select a single qualified arbitrator, either a retired judge or a qualified neutral arbitrator from one of the panels of the provider, and if the parties are unable to agree, the provider panel shall be empowered to select a single arbitrator. The arbitration shall be commenced by a party filing a demand for arbitration with the arbitration provider’s administrator and serving the demand on the other party. The location of the arbitration shall take place at a mutually convenient location within 15 miles of Torrance, CA. The arbitrator shall be empowered to order the party losing the arbitration to reimburse the prevailing party for all expenses incurred in connection with the arbitration, including the arbitrator’s fees. The Arbitration Award shall be in writing and the arbitrator shall be required by this agreement to base his or her decision upon factual findings, this agreement, the rules and regulations governing any competition, program or services, and applicable law. The arbitration award may be enforced by a Court pursuant to the applicable statutes and laws of California. The initial costs of the mediator and/or the arbitrator shall be shared equally among the parties.
In regard to arbitration, the parties agree to waive their right to a jury trial and to all rights and remedies available in any court proceedings except as to the enforcement of the arbitration award. Pre-arbitration discovery shall be limited. The right to appeal or to seek modification of the arbitration award is strictly limited under California law and the award shall be final and binding.