Release and Waiver of Liability
This Release and Waiver of Liability, ("Waiver") is executed and becomes effective as of the date noted below by the undersigned Participant, Participants or Participant's Legal Guardian. Participant desires to participate in one or more dance classes or dance related activities ("dance") offered and sponsored by Intermix Dance, LLC, a Nebraska Limited Liability Company ("Intermix"). Prior to participating in dance at Intermix or an Intermix sponsored location and/or event, Participant has freely, voluntarily and knowingly executed this Waiver.
1. Identification and Assumption of the Risk. Participant, multiple Participants or Participant's Parent or Legal Guardian (hereinafter collectively referred to as "Participant") acknowledges and understands that participating in dance at Intermix involves certain inherent risks of injury to Participant. These risks may include, but are not limited to, sprains, bruises, fractured bones, dislocated joints, and in extreme cases permanent disabilities including but not limited to paralysis, brain injury, disease and death. Other injuries may include, but are not limited to, cardiac related incidents, heat related and over-exertion injuries. Participant understands that this list contained herein of potential injuries associated with dance is not exhausted as additional injuries and medical conditions are possible. Participant may be more susceptible to injuries while participating in dance if Participant has any pre-existing injuries or illness, whether known or unknown to Participant. Participant acknowledges and understands that dance is a dangerous activity and sport and that injury to participant's person and property is not uncommon and further understands that some injuries may occur over time due to repetitive movements and exercises. Participant agrees not to engage in dance if Participant is injured or has any sort of pre-existing injury, illness or physical or mental limitation that may increase Participant's likelihood of injury or disease. Participant understands that there may be other risks to Participant's person and property that are unknown and not reasonably foreseeable at this time. Nevertheless Participant assumes all risks, associated with dance and agrees to be personally and solely liable for any and all injury or damage that may occur to Participant or Participant's property while engaging in dance at Intermix and/or an Intermix sponsored location or event.
2. Use of Equipment. Participant agrees to utilize all equipment and props located at, in conjunction with or as provided by Intermix in a reasonable and safe manner and pursuant to any instructions provided by an owner, agent, representative or employee of Intermix.
3. Voluntary Participation. Participant agrees that Participant is freely and voluntarily participating in dance at or as sponsored by Intermix and that Participant acknowledges and understands that if Participant participates in dance at or as sponsored by Intermix that he/she does so at Participant's own risk and that certain risks of damage and injury are inherent with Participant's participation in dance. Participant acknowledges that he/she is aware of the risks associated with dance and upon the execution of this Waiver does hereby assume any and all of such risks and the liability and potential damages associated with said risks.
4. Release and Waiver of Liability. Participant understands that Intermix is not responsible for any damage or injury that may occur to Participant or Participant's property as a result of participating in dance at Intermix or an Intermix sponsored event unless said damage or injury to Participant is the result of the gross negligence or willful or wanton misconduct of Intermix. Participant does hereby freely, knowingly and voluntarily waive and release Intermix from any and all loss, cost, claim, injury, damage and any other liability sustained in or resulting
from participating in dance at Intermix or an Intermix sponsored event, including but not limited to, any claim or cause of action that may arise under contract, tort, or any other law which may exist pursuant to local ordinance or regulation, state or federal law, including, but not limited to, any claim or cause of action for bodily injury, personal or mental illness, property damage, and/or emotional distress that may result from Participant's participation in any way in dance or while on the premises operated or sponsored by Intermix.
5. Indemnification. Participant does hereby indemnify and hold harmless Intermix and its owners, members, agents, employees, volunteers, and representatives from any and all lawsuits, or claims of any nature for liability, loss, damage (both personal and property), or any other causes of action, including the cost of attorney fees, which are in any way connected with or arising out of Participant's participation in dance at Intermix or an Intermix sponsored activity or event.
6. Binding Effect. This Waiver shall be binding upon Participant's relatives, personal representatives, members, agents, heirs, beneficiaries, next of kin and assigns and shall inure to the benefit of Intermix and its owners, members, agents, employees, volunteers, and representatives.
7. Governing Law. This Waiver shall be governed by and construed in accordance with the laws of the State of Nebraska.
8. Severability. In the event that any provision of this Waiver is determined to be invalid, prohibited or unenforceable for any reason, such provisions shall be ineffective without invalidating the remaining provisions of this Waiver.
WARNING: THIS IS A WAIVER AND RELEASE OF LIABILITY. PARTICIPANT REPRESENTS THAT HE/SHE HAS READ AND UNDERSTOOD ALL TERMS AND CONDITIONS CONTAINED IN THIS WAIVER . PARTICIPANT FURTHER REPRESENTS THAT HE/SHE IS FREELY, KNOWINGLY AND VOLUNTARILY SIGNING THIS WAIVER AND UNDERSTANDS THAT BY SIGNING THIS WAIVER PARTICIPANT IS GIVING UP SUBSTANTIAL RIGHTS.
Photo and Video Consent and Release
This Photo and Video Consent and Release ("Consent and Release") is executed and becomes effective as of the date noted below by the undersigned Participant, Participants or Participant's parent or Legal Guardian (collectively referred to herein as "Participant"). Participant does hereby consent to and permits Intermix Dance, LLC ("Intermix") to photograph and/or video Participant while Participant is at Intermix or an Intermix sponsored event or activity and to further use said photograph and/or video for purposes of advertising, marketing or any other use provided it is reasonably related to the business, promotion and goodwill of Intermix. Participant further consents to Intermix posting said photograph or video on the internet, including but not limited to Intermix's website and on various social media sites. Participant further releases Intermix from any and all liability associated with taking photographs and/or videos of Participant and using said videos for advertising, marketing and other reasonably related business activities and uses to promote Intermix. Participant understands that once Participant's video and/or photograph is posted on the internet, Intermix is no longer responsible and cannot control the use and whereabouts of Participant's video and/or photograph by third parties. This Consent and Release may be terminated at any time by Participant upon written notice from Participant to Intermix. Said Notice of Termination shall be mailed via Certified Mail, return receipt requested and postage prepaid to Intermix and will be effective upon receipt by Intermix. Upon receipt of said Notice of Termination from
Participant, Participant will no longer video or photograph Participant on a go forward basis but cannot and will not attempt to remove Participant's video or photograph from previous advertising, marketing or internet postings. Permission is hereby freely, knowingly, and voluntarily given by Participant by Participant's signature below.
Credit Card Authorization
You may authorize payment of dues to intermix Dance, LLC through use of personal or business consumer credit cards. By doing so, intermix Dance, LLC, will collect non-public personal information about you, which may include but is not limited to your full name, address, telephone number, and social security number. We maintain physical, electronic, and procedural safeguards to comply with appropriate federal and state regulations. You agree to keep intermix Dance, LLC informed regarding any change of contact data, including change of bank account information, change of address, or phone numbers in order to assist us in maintain the accuracy of records and to provide you the client with proper service. Chronic non-payment of dues are material grounds upon which intermix Dance, LLC may suspend dance instruction in the discretion of management.
Authorization to Charge Credit Card
You agree to periodic or installment charges for payment of dues to intermix Dance, LLC. Charges will be due & debited on the due date for that particular fee (Tuition will be debited on the 25th of the prior month) for all classes Scheduled for your dancer(s). By inputting your credit card information into your Customer Portal you are authorizing intermix Dance, LLC to automatically Charge the listed account on your Customer Portal on the due date for all fees due in the time you are enrolled at the company.
You will remain on Auto Draft from the time intermix Dance, LLC receives your agreement/registration until you have withdrawn from the program in writing.
intermix Dance, LLC Policies
Dropped Classes:
Should you decide to drop a class, you must notify the office in writing- 1 month Tuition required as Early Withdrawal Fee; you will still be responsible for your regular monthly tuition until proper notice is received. You must pay IN FULL for any month in which you attend even one class.
Tuition and Fees:
All tuition and fees are non-refundable. No pro-rating. Tuition is broken into monthly installments for your convenience. All tuition will be auto withdrawn from the bank account or credit card information you provide on the 25th of the prior month of which tuition is due. If for any reason payment does not go through and payment is received after the 1st of the tuition month a late fee of $25 per dancer will be added to your account. Students with delinquent accounts will be unable to continue classes until payments are up to date. Checks returned for NSF/non-payment will incur a $35 fee.
Attendance:
Students are expected to attend all classes except in the case of illness or injury so that proper class progress may be maintained. Any student that falls behind from absenteeism may be required to schedule private lessons.
Make-Up Classes-
Any make-ups for classes missed, or classes not offered during breaks, are to be made up within two weeks of the missed class. There are no refunds for missed classes but you may schedule a make-up class through the office in a similar class style and age group. Make up classes may not be available after February.
Drop-off / Pick Up:
The intermix dance staff is not responsible for unattended dancers outside of class time. Please arrive only a few minutes before class begins and pick up immediately at dismissal time.
Spring Show:
Since dance is a performing art, we emphasize the skills necessary to relate to an audience. To encourage such development, we produce a high quality, professional show annually in which all students are invited to perform. The Spring Show is usually held in mid-May for dancers in Studio Classes and on our Competition Team. Costume fees are in addition to monthly tuition and other dues.
Inclement Weather
Check our Facebook to determine whether or not classes will be held. intermix will close when LPS closes for weather. If weather becomes a concern later in the day we will send an email by 2:30pm the day to all emails in our system.