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Pool Party Release and Waiver of Liability
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2025 HIP-HOP POOL PARTY RELEASE AND WAIVER OF LIABILITY

Usdan Center for the Creative and Performing Arts (d/b/a Usdan Summer Camp for the Arts) (“Usdan”), is the owner of certain real and personal property located at 185 Colonial Springs Road, Wheatley Heights, New York 11798 (the “Premises”), and is willing to permit the individuals purchasing daily-use tickets from the Usdan website located at www.usdan.org/poolparty (individually, each a “Ticket”, and collectively, the “Tickets”) to use the Premises for the purposes set forth below and for the time period set forth below. By purchasing one (1) or more Tickets or using one (1) of such purchased Tickets, the individual purchasing such Tickets and each individual using such Tickets hereby acknowledge and agree to the terms set forth below in this Release and Waiver of Liability (this “Waiver”) in favor of Usdan.

 

As additional consideration for being provided access to and use of the Premises, each person purchasing and/or receiving a Ticket hereby stipulates and agrees to the terms of this Waiver in favor of Usdan as follows:

1.) Use of Premises; Parking; Conduct.

a. ​​​​​​I understand and agree that I may (i) only use the Premises on a non-exclusive basis and that other Ticketholders may also be in attendance at the Premises, (ii) only use the Premises for (X) general recreation activities (i.e. hiking, swimming, lounging, walking, playing games, etc.) and (Y) to attend the available experiences (i.e. classes, workshops, and games), all in accordance with the Usdan Rules and Regulations as listed below, and (iii) not bring or allow any vendors, instructors or other professionals to the Premises to provide good or services without the prior written consent of USDAN in its sole and absolute discretion.

Usdan Rules & Regulations

The following Rules & Regulations are hereby incorporated into the Waiver as if fully set forth therein.

Code of Conduct

It is expected that Ticket holders will speak kindly and respectfully to other Ticket holders and faculty/staff. It is expected that they will respect others and their property, including the Premises and USDAN property. Ticket holders will follow directions without insubordination and respond to reasonable requests. Ticket holders will accept others and have respect for others’ beliefs. Ticket holders will keep hands and objects to themselves and take responsibility for their actions. Failure to comply with this “Code of Conduct” may result in dismissal from the Premises.

It is expected that Ticket holders will address any concerns in a positive and supportive manner and will avoid public actions or behaviors detrimental to USDAN or its employees. Ticket holders will treat members of the camp community with respect and provide Usdan an opportunity to resolve issues of concern before public criticism.

The following conduct is expressly prohibited:

  • Abusive, threatening, profane or harassing communication, either in person, by e-mail or text/voicemail/phone or any other written or verbal communication including defamatory, offensive or derogatory comments regarding Usdan or staff made publicly to others.
  • Disruptive or threatening behavior that interferes or threatens to interfere with Usdan operations, including the effective operation of a class, an employee’s office, administration, or campus, including events, parking lots and car-pickup
  • Excessive e-mails, text/voicemail/phone messages or other written or oral communication. Usdan staff and administration may not always be immediately available to speak with Ticket holders. Staff and administrators have a practice of attempting to return all phone calls/e-mails within 24 hours, Monday through Friday.

Bullying & Cyberbullying

Usdan attendees are always expected to use respect toward each other – both at camp and online. Please be a good citizen by not participating in, or tolerating, bullying at camp or cyberbullying via any social media platform. Saying hurtful or malicious things about others, no matter the form, is never tolerated by Usdan. If you witness or are the victim of bullying at camp or cyberbullying, please report it to the administration immediately.

Use of Studio Space

While visiting Usdan you will be using studio space that is currently being used by our weekday students. Please refrain from touching any project work or materials without the express permission of the instructor.

a.) I understand and agree that (i) my use of the Premises is for the date set forth on the Ticket and I will not attempt to use or access the Premises on any other date without purchasing a Ticket for such date, and (ii) the Premises is available for use on the date set forth on the Ticket from 12:00 p.m. (“Opening Time”) to 6:00 p.m. (“Closing Time”) and I agree that I will not attempt to use or access the Premises prior to the Opening Time or after the Closing Time.

b.) I agree that I am responsible for the proper use and care of the Premises and any of Usdan’s property thereon, and that I will be liable for the replacement cost of any of Usdan’s property which is damaged, destroyed or lost.

c.) I acknowledge that Usdan recognizes the value of a mutually supportive relationship between the camp and its visitors. I agree to (i) address any concerns in a positive and supportive manner, (ii) avoid public actions or behaviors detrimental to USDAN or its employees, (iii) provide Usdan an opportunity to resolve issues of concern before public criticism, and (iv) treat Usdan employees and staff and other Ticket holders with respect.

d.) I agree that I will not use, store or possess any real or replica firearms or weapons, legal or illegal drugs, cigarettes or vape paraphernalia in or on any part of the Premises. I agree that any violation of this Section2(g) shall result in immediate expulsion and a permanent ban from purchasing Tickets and/or returning to the Premises.

2.) Assumption of Risk. I understand and acknowledge that the activities that I may choose to engage in on the Premises may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the activities that take place on the Premises may not be supervised and that Usdan does not provide medical services. I further acknowledge that any injury I may sustain while on the Premises may be compounded by negligent third party medical service or delayed medical service. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TOMY USE OF AND PARTICIPATION OF ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.

3.) Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Usdan and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (collectively, the “Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises, whether caused by the negligence of Usdan or any of the Released Parties or by any other reason. I acknowledge and agree that this Waiver is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises.

4.) Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.

5.) Indemnification. I hereby agree to defend, indemnify and hold harmless Usdan and the other Released Parties 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 personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any activities on the Premises.

6.) Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises and that USDAN will not be responsible for or provide any security for my property and personal belongings.

7.) Media Release. I authorize and hereby grant to Usdan the irrevocable, fully paid up, royalty-free right to edit, modify, use, re-use, publish, re-publish, reproduce, distribute and license to third parties for distribution, in whole or in part, any and all photographs, videos, writings and other forms containing my image or likeness for any and all purposes, including but not limited to, use in print, on the internet, and all other forms of media now known or hereinafter invented, worldwide and in perpetuity. I hereby release Usdan and its agents and employees from all claims, demands, and liabilities whatsoever in connection with the foregoing uses.

8.) No Representations by Usdan. I acknowledge Usdan makes no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises. I accept and shall use the Premises in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by Usdan or Usdan’s employees, agents, or representatives regarding this Waiver or the Premises, except to the extent such representations are expressly set forth in this Waiver.

9.) Governing Law and Venue. This Waiver will be governed by and interpreted in accordance with the laws of the State of New York, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Waiver must be brought exclusively in any state or federal court located in New York.

10.) Waiver. The failure of any party to enforce any provision of this Waiver 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 Waiver thereafter.

11.) Survival. Any provision of this Waiver providing for performance by any Ticket holder after termination of this Waiver shall survive such termination and shall continue to be effective and enforceable.

12.) Compliance with Laws. In the performance of the terms of Waiver and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.

13.) Severability. If any provision or portion of this Waiver 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.

14.) Entire Agreement; Modification; Binding Effect. This Waiver is the entire agreement made by the respective Ticket holder in favor of Usdan with respect to the subject matter hereof and supersedes any prior waiver, agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Waiver shall be valid unless in writing and signed by the respective Ticket holder and Usdan. This Waiver shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the Ticket holder and Usdan.