FUSION DANCE PROJECT ONLINE CLASS SYSTEM WAIVER & RELEASE
BY USING THE FUSION DANCE PROJECT ONLINE CLASS SYSTEM AND PARTICIPATING IN ANY FUSION DANCE PROJECT ACTIVITIES AND/OR CLASSES, EITHER ONLINE OR IN PERSON, YOU AGREE AND CONSENT TO BE BOUND BY ALL TERMS PRESENTED IN THIS WAIVER AND RELEASE.
FUSION DANCE PROJECT requires that all participants follow safety rules and instructions that are designed to protect everyone's safety. However, you acknowledge that there is an inherent risk of injury when choosing to participate in fitness activities.
YOUR RESPONSIBILITY
You are solely responsible for determining whether you are physically and mentally fit and/or adequately skilled to participate in Fusion Dance Project activities and/or classes online or in person. Risks from participating in Fusion Dance Project activities and/or classes may be aggravated if you are pregnant, suffer from an underlying medical condition, take medication, smoke cigarettes, have a family history of coronary disease, or have recently suffered an illness, injury or impairment. Accordingly, it is your responsibility to consult a physician before undertaking any fitness activity.
It is also your responsibility to determine, during your participation in Fusion Dance Project activities and/or classes, whether you should discontinue your participation in such activities or take any other actions to protect your health or safety.
RIGHT TO USE
In addition, because Fusion Dance Project captures its indoor exercise classes on video, audio and still images for broadcast to Fusion Dance Project members across the internet, by participating in an indoor exercise class you grant Fusion Dance Project permission to use some or all of your name, Fusion Dance Project profile information, visual likeness, voice recording, graphics, photographs or other artwork and any other information you provide to Fusion Dance Project or its employees or agents (such as instructors) (for simplicity, these items will be referred to as "Materials") in one or more of its content, products and advertising, in any form or format now known or hereafter created, and distributed or made available throughout the world in perpetuity, without compensation to or further approval from you. If you do not want the Materials to be captured, published or broadcast for such uses, then you must choose not to participate in an indoor exercise class in any Fusion studio or location. You understand and agree that Fusion Dance Project shall be the exclusive owner of its products, content and advertising, including those containing the Materials, and that you are not entitled to any remuneration for such use. Aside from the use of Materials for the purposes referenced above, Fusion Dance Project use of personal information is governed by its Privacy Policy.
WARNING OF RISK FROM FITNESS ACTIVITIES
Aerobic and other fitness activities such as indoor cycling, running, or jogging, plyometrics, yoga, floor and barre exercises, passive/resistive weight training, dance, and other training devices are intended to challenge and engage the physical, mental and emotional resources of the participant. Despite careful and proper preparation, instruction, medical advice, and conditioning, participation in fitness activities involves a risk of serious injury. All hazards and dangers cannot be foreseen. Depending on the particular activity, certain risks, dangers and injuries due to overexertion, lack of hydration, improper technique, ignoring safety precautions, failing to properly follow instructions, slips and falls, unfamiliarity with the equipment and/or exercise, equipment failure, failure in supervision/instruction, premises defects and other risks inherent to the particular activity exist. Nonetheless, you hereby agree to assume all risks of your participation in Fusion Dance Project's activities and/or classes, whether known or unknown to you. Depending upon a person's physical condition, age and/or skill level, fitness activities can involve a substantial risk of the following types of injuries, among others: (i) heart attack, stroke and circulatory problems, (ii) bone and joint injuries, (iii) back and neck injuries, (iv) shin splints, (v) muscle strain and other muscle injuries, (vi) foot problems, (vii) psychological injury, pain or suffering, (viii) disfigurement, (ix) temporary or permanent disability (including paralysis), (x) death or (xi) economic loss. If you experience any of these symptoms, you should immediately stop exercising and consult a doctor.
MEDICAL EXAMINATION
It is the responsibility of all participants to have a complete physical examination by a medical doctor prior to beginning any activity. If a participant has, or has a history of, any of the conditions listed in the "YOUR RESPONSIBILITY" section of this document, he/she should consult a physician before participating in any fitness activity.
WAIVER & GENERAL RELEASE OF ALL CLAIMS & ASSUMPTION OF RISK
You recognize and acknowledge that there are inherent risks of physical injury to participants in any fitness activities, including when taking a Fusion Dance Project's online class, and you voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that you may sustain as a result of said participation. As a material inducement for Fusion Dance Project to permit you to participate in Fusion Dance Project activities and/or classes, to use Fusion Dance Project facilities or Fusion Dance Project Equipment, you hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive, release and hold Fusion Dance Project directors, agents, representatives, employees, consultants, affiliated companies, partners, and successors harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of any Fusion Dance Project Party), injuries, damages or loss (including legal fees), present or future, foreseen or unforeseen, anticipated or unanticipated (collectively "Claims"), that you may
have (or that accrue to you) against any Fusion Dance Project Party, and generally release and discharge the Fusion Dance Project Parties from any and all Claims, including but not limited to those involving: (i) participating in any supervised or unsupervised fitness activities, (ii) use of any fitness equipment, including Fusion Dance Project Equipment, (iii) any loss or theft of personal property, and (iv) accidental injuries, such as "slip and fall" injuries on or outside of Fusion Dance Project premises, and you hereby promise never to assert or assist any other party in asserting, any claims or causes of action against any Fusion Dance Project Party in any matter that in any way relates to any Claims.
GENERAL
I have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release and discharge of all claims.
Annual Studio Policies & Agreements
LIABILITY & WAIVER RELEASE
I understand that dance is athletic and I do not hold Fusion Dance Project responsible for any injuries that may occur in class or on its premises.
RULES
I agree to abide by all rules of Fusion Dance Project, which is designed to create an orderly and comfortable environment for all students, parents and faculty of Fusion Dance Project. I understand that I must pick up my child/children in a timely manner after their scheduled class has ended. I agree that I will not leave my child/children unattended at the studio and fully acknowledge that the studio is not a daycare.
OBSERVATION
I understand that in-person classes are closed for viewing and only students will be permitted inside the studio. This is to help provide a safe and distraction-free environment for the students and to adhere to the safety/health/capacity guidelines in place by our state and county. The instructor reserves the right to dismiss any student or observer who is disruptive to the class.
RECITAL PERFORMANCE
Select classes will perform in our Nutcracker recital in December. I understand that there is a participation fee which includes costume rental.
All classes are scheduled to perform in our annual June recital with the exception of technique-only classes such as Tumbling and Open/Adult classes. I understand that there is a non-refundable costume fee ($65-75 per dance). I understand I must give notice by the end of January if unable to perform to not be charged for costumes.
PHOTO & VIDEO RELEASE
I understand that recordings of my child captured during class or FDP events via digital video or photo may be used solely for the purposes of Fusion Dance Project's promotional material and publications, and waive any rights of compensation or ownership thereto.
GENERAL
I understand that Fusion Dance Project has the right to refuse class/performance to any student who is disruptive, not paid in full, or in violation of any policies/rules set by Fusion Dance Project.
Registration & Tuition
REGISTRATION
I agree to pay the one-time, annual, non-refundable fee of $30 for one student registration or $45 for family registration for the current classes in which I enroll (Summer Camp excluded)
TUITION
I understand that tuition is due on the 1st of the month VIA AUTOPAY and that I am obligated to pay a $20 late fee for payment received after the 10th of each month. I agree to pay a $20 return fee for each returned check.
Drop Policy
DROP POLICY
I agree to give the FDP office written notice by the 15th of the month if dropping a class or leaving the studio effective for the next month. I understand by not giving proper notice, I am liable for tuition until proper notice of intention to drop is received. I also understand that I must forfeit my space and re-register on a space available basis when dropping a class.
