General Authorization
I/We (individually or jointly), as parent (s)/legal guardian(s) of the above-named student, agrees to the following:
General Authorization
1. That I/We have enrolled the above-named student at DADA for dance training and that it is understood that from time to time it will be necessary for DADA to arrange for the services of independent contractors to manage and operate DADA as a dance training and instruction institute, and do hereby at all times hold harmless, discharge and release DADA from any and all liability for injury, loss, damage, obligation, expense, or penalty sustained by the above-named student arising out of or in connection with the above-named student's participation at DADA;
2. That I/We authorize DADA to photograph, film, videotape, record or otherwise capture in any media the above-named student's dance training, instruction, and performances and to use such recordings for instruction, promotion, publicity and broadcast uses. All ownership and copyright, title and interest in these recordings shall belong to DADA. I/We further grant DADA the right to use the above-named student's name and bio, portrait, picture, likeness and recordings thereof for the purposes of advertising, publicizing, and promoting DADA;
Agreement
STUDENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the Debbie Allen Dance Academy, as defined in this Agreement, and the parent or guardian (collectively, "Parent") of the Debbie Allen Dance Academy student listed below ("Student").
RECITALS
A. The Debbie Allen Dance Academy is operated by Debbie Allen Dance Inc., a 501(c)(3) California nonprofit corporation located at 3791 Santa Rosalia Dr., Los Angeles, CA, 90008 (the "Company.")
B. The Debbie Allen Dance Academy, the Company, and its directors, officers, employees, agents, licensees, independent contractors, volunteers, successors and/or assigns, are hereafter sometimes individually and collectively referred to as "DADA."
C. From time to time it will be necessary for DADA to arrange for the services of independent contractors to manage and/or operate DADA as a dance/artistic training and instruction institute.
D. The Student seeks to engage DADA to provide intensive professional training and performance experience in the art of Ballet, African Dance, Horton-based Modern Dance, Flamenco, Tap, Jazz, Hip-Hop, and other artistic training (collectively, "Artistic Technique"), upon the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the recitals above and the promises and covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Parent and DADA agree as follows:
1. Term. The term of this Agreement shall begin on the effective date of this Agreement and shall continue until December 18 , 2020, (the "Semester End") or until terminated by DADA or the Parent in accordance with the terms and conditions of this Agreement or by law.
2. Assumption of Risk. Participation at DADA carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from (i) minor injuries (ii) major injuries to (iii) catastrophic injuries. Parent hereby acknowledges that Student will participate in rigorous training and will be physically touched from time to time during his/her dance instruction. This may include, but is not limited to, lifting, grabbing, thrusting, turning, pushing and pulling (collectively, "Physical Touching"). Parent is fully aware of the risks connected with participating in DADA Instruction, Productions and Activities, as defined in Section 3, and Parent voluntarily assumes full responsibility for these risks.
3. Waiver of Liability. Parent agrees to release, waive, discharge and covenant not to sue DADA from any and all liabilities, claims, losses, demands, or causes of action, except in the event of gross negligence of DADA, that may arise from or be related to any loss, damage, accident, illness, or injury, including death, which may be sustained by Student or Student's personal property while participating in (i) dance training and instruction of Artistic Techniques, ("Instruction"); (ii) on-site and off-site productions and lecture demonstrations, dance recitals, and performances (collectively, "Productions"); (iii) recreational, educational, swimming and other cultural and social events organized from time to time by DADA (collectively, "Activities"); special activities and/or one-time productions that may come up from time to time ("collectively, "Special Events"). Parent agrees to further release, waive, discharge and covenant not to sue DADA from any and all liabilities, claims, losses, demands, or causes of action, except in the event of gross negligence of DADA, which may arise from or be related to any loss, damage, accident, illness, or injury, including death, which may be sustained as a result of Physical Touching, by DADA or by students participating in DADA Instruction, Productions, Special Events and Activities.
4. Hold Harmless and Indemnification. Parent agrees to defend, indemnify and hold harmless DADA from and against every loss, claim, expense (including attorney's fees and costs), liability or payment by reason of any damages or injury to person (including death) or property (including loss of use or theft thereof) arising out of or in connection with this Agreement, in proportion to and to the extent that such injury, death or damage is caused by the actual or claimed tortious conduct (active or passive) of Student.
5. Medical Authorization.
5.1. Medical Clearance Packet. Parent shall complete or cause to have completed all of the DADA medical clearance forms, attached hereto as Schedule I ("Medical Clearance Packet"). The Pre-participation Physical Exam, located in the Medical Clearance Packet, must be completed and signed by a physician before the Student is allowed to participate in any DADA Instruction. Medical clearance by a certified physician is a condition precedent to Student participation in any DADA Instruction, Activities, Special Events, or Productions.
5.2. DADA Medical Policy. It is the policy of DADA that in the event of injury, every reasonable attempt will be made to contact the Parent prior to securing medical treatment beyond basic first-aid.
5.3 Medical Treatment Authorization. While the Student is attending, participating or traveling to or from DADA Instruction, Productions, Special Events or Activities, Parent hereby agrees to authorize the staff of DADA, or in their absence or disability, any adult accompanying or assisting DADA, to administer or cause others to administer the following medical treatment to Student, as recommended by licensed medical professionals:
5.3.1. Any x-ray examination, anesthetic, medical or surgical diagnosis or treatment, and hospital care which is deemed advisable by, and is to be rendered under the general or special supervision of any physician and/or surgeon licensed under the provisions of the Medical Practices Act, California Business and Professions Code Section 2000 et seq.; or
5.3.2. Any x-ray examination, anesthetic, dental or surgical diagnosis or treatment, and hospital care to be rendered by a dentist licensed under the provisions of the Dental Practices Act, California Business and Professions Code Section 1600 et seq.; or
5.3.3. Any other medical services, including surgery, required in cases of emergency, recommended or required by licensed medical professionals.
This authorization is given pursuant to the provisions of Section 25.8 of the Civil Code of California. This authorization shall remain effective until Student completes his/her participation in DADA, unless revoked in writing by the undersigned Parent and delivered to the DADA Director of Student Affairs.
5.4. Costs. Parent agrees to accept full responsibility for all costs of any and all medical care and emergency treatments. DADA will not be responsible for the cost of any medical care or emergency treatments, but it may accept billing in its name only to facilitate submission of medical insurance claims for the Student, if applicable, or for the prompt forwarding of bills to Parent. Parent agrees that DADA will not be held liable for authorizing medical treatments for the Student pursuant to Parent's authorization in this Section, and Parent hereby agrees to waive all claims whatsoever in connection with such medical treatments. This Section shall be binding upon the members of Parent's family, spouse, and heirs, assigns and personal representatives.
6. Consent to Participate in DADA Activities. Parent authorizes the Student to participate in any and all DADA Activities. In arranging for such activities or excursion with third parties, Parent hereby acknowledges and agrees that DADA is acting as the agent for Student.