Covid Waiver
COVID-19 WAIVER of LIABILITY
This Waiver will remain in effect until the State of [California] lifts all COVID-19 related mandates and relates to all in-person activities related to Academy of American Dance and Ballet America ("Company"). The World Health Organization (WHO) has declared the novel Coronavirus (C-19) a global pandemic. Due to its high degree of contagion and capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines and prohibitions with which Company actively adheres to comply. Following the guidelines at the federal, state and local levels, Company has put in place preventive measures to reduce the spread of C-19. However, Company cannot guarantee that you or any member of your family contact group will not become infected with C-19.
A. I acknowledge and voluntarily assume the risk that I and my family group may be exposed to or involuntarily infected by C-19 by attending Company events and that such exposure or infection may result in personal physical or emotional injury, expense, legal fees, illness, permanent disability and possibly even death.
B. I agree to notify, in writing ,Company any known direct exposure and/or positive test results in order to aid in contact tracing as well as self-quarantine for a minimum of 10 days in the event of said exposure in order to protect community.
C. I acknowledge and fully accept all Company C-19. I agree to comply with all C-19 policies including but not limited to policies, guidelines, signage, written instructions, emails, as well as verbal requests and efforts by Company and its agents. I certify that I have read and understand and accept this C-19 Waiver and Release Company of Release of Liability as stated in (A-C).
I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS. BY ACKNOWLEDGING AND AND SUBMITTING THIS FORM I AM SIGNING THIS AGREEMENT ELECTRONICALLY.
Policies
Payment:
Accounts are set up with a credit card and will be billed automatically on the first of every month. An annual $48 registration fee will be charged to all students each September and will be pro-rated for those students who enter after September ($4 per month missed will be subtracted off the total). This will be automatically applied to your first payment. Please be aware, that if you are enrolling online, the registration fee has not yet been charged to your account. Once we receive notification of enrollment, the yearly registration fee will be added to the charges. All discounts will be applied once the registration form is received.
Tuition may be paid monthly by credit card. Fees are due by the 10th of each month. Failure to pay by the 10th will result in a $15.00 late fee which will automatically be posted to your account. Tuition is paid by the calendar month. A discount for the first month will be given for students who enroll after the beginning of the month. Our tuition is based on a full year of dance classes. Since we do not charge extra for months with 5 weeks, we do not prorate for months with 3 weeks.
Please note: The credit card authorization must be received at the time of registration to confirm class time and no student may take class until tuition is paid in full. The ability to collect funds or credit card information upfront greatly reduces our bookkeeping costs and wasted staff time. We truly appreciate your cooperation.
Cancellation:
We will cancel your reoccurring monthly tuition payment on the date 30 days after you submit a "Drop Student Request" in adequate detail via our customer portal. Our customer portal is reached at www.americanballet.com/login. IF YOU SUBMIT YOUR DROP STUDENT REQUEST AFTER THE FIRST OF THE MONTH THE DROP WILL BE EFFECTIVE 30 DAYS THEREAFTER AND YOU WILL BE CHARGED TUITION FOR ONE ADDITIONAL MONTH. In the unlikely event we need to change the class schedule and cancel a particular class, an appropriate refund for the canceled classes will be issued.
Requirements:
I understand that AAD has established rules and standards pertaining to dress, conduct and behavior of all participants in AAD activities to include performances. I agree to abide by all such rules in effect now and as distributed by AAD from time to time in the future. I agree that violations of any such rules can result in dismissal from AAD and all related AAD activities with no refund.
Dress Code:
Required dance wear, tights, dance shoes, and securely fastened hair must be worn to all classes. Failure to wear required dance-wear or hair can result in students being asked to sit out the class. Repeated failure to wear required dance-wear or hair can result in termination of lessons.
Attendance and Tardiness:
The school reserves the right to have students who come late to class, sit out the class. Repeated tardiness may result in termination of lessons. Please arrive 10 minutes early to each lesson. A minimum attendance standard will be required. If a student misses more than 4 classes without written notice, the school reserves the right to terminate lessons. To make up a missed lessons, students must be enrolled and prior notifications must be emailed to billing@americanballet.com. Make-ups are done at or below the student's level during the specified period: Sept-Dec by Dec 31, Jan-March by March 31, April-June by June 30, July-Aug by Aug 31.
Care of Students:
The school is not responsible for providing before or after class care for students. Parents with students under the age of 5 should remain in the school during the classes. Students are not to be left at the school for excessive time periods before or after their classes.
Registration Agreement
ACADEMY OF AMERICAN DANCE LLC
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AGREEMENT
The Academy of American Dance LLC, a California limited liability company, its agents, owners, officers, members, volunteers, participants, employees, contractors and all other persons or entities acting in any capacity on its behalf including the non-profit Ballet America shall be referred to herein as "AAD".
1. Assumption of Risk.
I, ______________________, am not a minor and I acknowledge that by being a participant in AAD related activities, that:
A. I will have the opportunity to participate in various activities, including dance classes, workshops, streaming online dance classes, rehearsals, and performances, held at the AAD ballet studio, the location you choose to participate in streaming online dance classes and elsewhere. I will receive information and instruction about dance and other related activities. I acknowledge that dance is an inherently risky activity and that by participating in any of these activities, I may be subjected to a variety of hazards and risks, both foreseen or unforeseen, which may cause me to suffer physical or emotional injury, paralysis, death or damage to myself, to third parties or to property (collectively, "Damages"). I acknowledge that such Damages can occur due to natural causes, negligence or intentional acts or omissions of AAD, or the negligent or intentional acts or omissions of third parties and/or fellow participants. IN CONSIDERATION OF THE SERVICES OF AAD, I EXPRESSLY AGREE AND PROMISE TO ACCEPT AND ASSUME THE RISK OF ALL SUCH DAMAGES, TO INCLUDE ALL RELATED COSTS THEREOF, THAT OCCUR DURING OR IN CONNECTION WITH MY PARTICIPATION IN ANY AND ALL AAD RELATED ACTIVITIES.
B. I acknowledge that dance and all related activities require intense physical exertion that may be strenuous and may cause physical injury and therefore involve unique risks of Damages, and I am fully aware of the risks and hazards involved. I ACKNOWLEDGE THE NATURE OF SPRUNG DANCE FLOORS, "MARLEY" FLOOR COVERING, OTHER SURFACES OUTSIDE THE CONTROL OF AAD SUCH AS AT PERFORMANCE VENUES OR THE LOCATION YOU CHOOSE TO PARTICIPATE IN STREAMING ONLINE DANCE CLASSES, MOBILE FLOOR BARRES AND OTHER DANCE EQUIPMENT, AND THE CONSEQUENCES OF WEARING BALLET SLIPPERS, POINTE SHOES, SOCKS OR BARE FEET AND OTHER RELATED DANCE FOOTWEAR, AND I ACCEPT FULL RESPONSIBILITY FOR MY OWN CHOICE OF FOOTWEAR. I acknowledge that the description of these risks is not complete and that other unknown or unanticipated risks may result in Damages. My participation is purely voluntary, and I elect to participate in spite of the risks. I AM SATISFIED WITH THE CONDITION OF AAD'S FACILITIES AND HEREBY ASSUME ALL THE RISKS INHERENT IN THE ACTIVITIES THERE AND ELSEWHERE. I am not relying on any oral, written or visual representations made by AAD, including those made in brochures or other promotional materials, to induce me to participate in dance or other AAD related activities. IN CONSIDERATION OF THE SERVICES OF AAD, I EXPRESSLY AGREE AND PROMISE TO ASSUME THE RISK OF ALL SUCH DAMAGES, TO INCLUDE ALL RELATED COSTS THEREOF, THAT OCCUR AT AAD OR ELSEWHERE DURING OR IN CONNECTION WITH MY PARTICIPATION IN ANY AND ALL AAD RELATED ACTIVITIES.
C. AAD may at times deliver participants to various third parties, who are not AAD employees, who will conduct, supervise, guide or instruct participants, in various activities. AAD assumes no duty to certify, monitor or verify the qualifications of any third parties involved in these activities. Participant concerns regarding the qualifications of any third party conducting these activities should be directed to such third party. IN CONSIDERATION OF THE SERVICES OF AAD, I EXPRESSLY AGREE AND PROMISE TO RELEASE, INDEMNIFY AND HOLD HARMLESS AAD FOR LIABILITY OF ANY KIND FOR DAMAGES ARISING OUT OF THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
2. Release and Waiver of Liability. IN CONSIDERATION OF THE SERVICES OF AAD, I ON BEHALF OF MYSELF, AND MY HEIRS, EXECUTORS, AGENTS, AND ASSIGNS, HEREBY RELEASE, FOREVER DISCHARGE, AND EXPRESSLY AGREE AND PROMISE TO INDEMNIFY AND HOLD HARMLESS AAD OF AND FROM ANY AND ALL LIABILITY, CLAIM, DUTY, OBLIGATION, DEMAND OR CAUSE OF ACTION RELATING TO OR IN ANY WAY CONNECTED WITH MY PARTICIPATION IN ANY AND ALL AAD RELATED ACTIVITIES, WHETHER PRESENTLY KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, INCLUDING, WITHOUT LIMITATION, ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF AAD.
3. Miscellaneous.
A. I certify that I have adequate insurance to cover any Damages I may cause or suffer while participating in dance or other AAD related activities, or else I agree to bear the costs of such Damages myself. I further certify that I have no medical or physical conditions which could interfere with my safety in dance or other AAD related activities, or else I agree to bear the costs and all risks that may be created, directly or indirectly, by any such condition. I hereby agree to promptly notify AAD in writing if there is any change to my mental or physical condition which could in any way interfere with my safety in dance or other AAD related activities, or else I agree to bear the costs and all risks that may be created, directly or indirectly, by any such change in my condition.
B. I hereby grant permission to AAD to make movies, videos and photographs of my involvement in any and all AAD related activities and to use them for promotional and commercial purposes without any notice, recourse or compensation to me.
C. Should AAD be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold AAD harmless for all such fees and costs. In the event that I file a lawsuit against AAD, I agree to do so solely in San Mateo County in the State of California, and I further agree that this agreement shall be governed, construed and interpreted in accordance with the laws of the State of California without giving effect to principles of conflicts of law. I further agree that this Assumption of Risk, Release and Waiver of Liability Agreement is intended to be as broad as permitted under California law and in the event that any provision of this Agreement is held to be unenforceable under applicable law, this agreement shall continue in full force and effect without such provision. No failure by AAD to enforce any of its rights under this agreement will act as a waiver of such rights.
I HAVE READ AND UNDERSTOOD THE ABOVE AGREEMENT AND VOLUNTARILY AGREE TO SIGN THIS DOCUMENT AND BE BOUND BY ITS TERMS. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN ANY AAD RELATED ACTIVITY, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST AAD ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED HEREIN.
IF THE PARTICIPANT IS A MINOR, THIS AGREEMENT MUST BE SIGNED BY THE MINOR'S PARENT OR LEGAL GUARDIAN. BY SIGNING BELOW THE MINOR'S PARENT OR LEGAL GUARDIAN INDICATES THAT HE OR SHE UNDERSTANDS THAT "I" AS USED HEREIN REFERS TO BOTH HIM OR HER AND EACH OF HIS OR HER MINOR PARTICIPATES.
I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS. BY ACKNOWLEDGING AND AND SUBMITTING THIS FORM I AM SIGNING THIS AGREEMENT ELECTRONICALLY.