INDEMNIFICATION AND RELEASE
I am the parent or guardian of (the "Student"), who desires to attend the Skyra Studios, LLC (Skyra Studios) at 249 W SR 436, Suite 1033, Altamonte Springs, FL. 32714 or Skyra's online virtual classes through Zoom. The Program includes dance, acting, art, fitness, music, and filmmaking training and education activities, as well as performance activities at locations on and off-campus and online. I understand that, although Skyra Studios, LLC will attempt to maintain the Program as described in its publications, brochures, website and conversations, it reserves the right to make reasonable changes or modifications to the Program, including but not limited to the class schedule, curriculum, faculty and staff, co-curricular and extra-curricular activities, and services.
I/we are fully familiar with the intended activities and demands of a rigorous dance training program, including both the physical fitness expectations and the inherent and unavoidable risks of injury and harm, and I/we represent and warrant that the Student is able to participate fully in the Program's activities, that no health professional has advised us of any risks or conditions that would limit or impede the Student's full and safe participation, that I/we are not aware of any medical or other conditions which would limit the Student's full and safe participation in the program, and that I/we understand and accept the inherent and unavoidable risks of injury and harm that may occur due to the Student's participation in this Program. I/we agree further that if the Student sustains any injury or illness prior to the commencement of the Program, we shall advise Skyra Studios promptly in writing so that an assessment can be made whether the Student can participate in the Program. I, therefore, consent to my child's participation in the Program, and I further consent to my child's participation in any other activity taken in connection with the Program.
I/we accept responsibility for medical expenses (including treatment, medical devices, emergency room visits, ambulances, and hospitalization, whether or not covered by insurance) for any injuries or illness that the Student may sustain or experience while participating in the Program; and warrant that (if applicable) the Student will provide proper identification and information to secure medical insurance coverage; and that I/we will promptly reimburse fully Skyra Studios and/or any of its employees who advance costs to secure medical treatment for the Student. I/we hereby grant permission for the Student to receive emergency medical treatment as appropriate during participation in the Program as may be authorized by an adult member of the Program staff. I/We grant permission for the Student to receive onsite physical therapy treatment in some cases as authorized by an adult member of the Program Staff. I/we understand that if the Student has to take prescription medication or receive scheduled medical treatment, we shall notify the Program in writing, and shall consult with the Program as to appropriate arrangements. It is not the responsibility of the Program to make such arrangement.
I/we understand and agree that during the course of the Program, the Student may be photographed and/or videotaped during program activities or performances, and
I/we grant to Skyra Studios an unrestricted right to use in any form the image, picture, likeness, voice, and/or name of the Student for all Skyra Studios promotional materials including brochures, newspaper articles, books, and/or film, television and for commercial purposes.
I/we acknowledge that the Skyra Studios student handbook has been received and read, and agree to adhere to the policies therein.
INDEMNIFICATION
Furthermore, I hereby agree to indemnify and hold harmless Skyra Studios and/or the agents, employees and directors of this institution (collectively, the "Indemnified Parties") for any loss, claim, damage, suit, costs or expenses, including attorneys' fees and court costs, resulting from or arising out of any injury to any person or damage to property, caused by or incurred by myself, my child and/or my ward, or whether caused in whole or in part by the negligence of the Indemnified Parties, incurred as a result of or during the Program or any activities in connection with the virtual or summer programs.
RELEASE
In consideration of Skyra Studios acceptance of my child/ward into the Program, I do hereby voluntarily waive and release any and all actions, claims, and demands for any damage, injury or loss to person or property which may be sustained by myself, my child and/or ward directly or indirectly during the course of or as a result of participating in the Program.
Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease.
The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illnesses and even death.
Skyra Studios, LLC cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Skyra Studios, LLC services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Skyra Studios, LLC services and/or enter onto Skyra Studios, LLC premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Skyra Studios, LLC services and enter Skyra Studios, LLC premises. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Skyra Studios, LLC services and premises in person, rather than arranging for an alternative method of enjoying the same services virtually.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Skyra Studios, LLC and its owners, officers, directors, managers, officials, trustees, agents, sub-contractors, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Skyra Studios, LLC services, and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
CHOICE OF LAW: I understand and agree that the law of the State of Florida will apply to this contract.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by acknowledging this digital agreement, I hereby do consent to the terms and conditions of this Release.
Payment Terms
Monthly dues are calculated over the entire school year of classes held over 10 months August-May. You are not paying for scheduled school vacations or holidays. Please see our closed dates on the schedule. The Registration Fee is due upon enrollment. All other months are due on the first of each calendar month. Any student with an overdue balance of more than 45 days will not be allowed into class until payment in full is received. Overdue balances must be paid in cash, money order, or bank check.
Discounts:
A 10% discount is offered when tuition is paid in full by the method of check or cash; a 5% discount applies if annual tuition is paid in 2 payments by the method of check or cash. A 10% sibling discount is offered for the first sibling; a 15% discount applies to second and additional siblings.
Annual Payment Terms Full
Annual Pay & Credit Card/Debit Card Charge Authorization:
Skyra Studios, LLC, offers customers the opportunity to purchase the full payment option in one annual payment, due at time of registration, and receive a 10% discount if paid by check or cash. Skyra Studios, LLC, accepts credit card/debit card payments to permit customers to pay for these in full and receive a 7% discount This contract is a full year (10 Months).
Full Payment Due Upon Checkout:
I acknowledge and agree to pay for the annual class dues at Skyra Studios, LLC, for the total for the contract of sessions designated above by amount. I hereby authorize Skyra Studios, LLC, to charge the credit card/debit card on file to pay this full payment.
Monthly Payment Terms
Auto-Pay & Credit Card/Debit Card Charge Authorization:
Skyra Studios, LLC, offers customers the opportunity to purchase price per hour monthly payment options. Skyra Studios, LLC, accepts credit card/debit card payments to permit customers to pay for these classes. *This contract is a full year contract. (10 months)* A 30 day hand-written notice of withdrawal is required to discontinue any classes and charges. You will have 1 more billing cycle that will occur once the notice is received. If you decide to re-enroll, you will have to re-register (100.00 registration fee).
Payment of Monthly Dues:
I acknowledge and agree to pay for classes at Skyra Studios, LLC, and do promise to pay Skyra Studios, LLC, for the enrolled total for the contracted classes. I hereby authorize Skyra Studios, LLC, to charge the credit card/debit card on file each 30 days in order to pay these installments. All students enrolled in classes are required to have a credit card on file. You have the option to be setup on Auto-Pay. Tuition will be AUTO DRAFTED on the 1st of each month using the card provided at registration you choose for Auto-Pay. Should a parent wish to use another method for payment, they are welcome to do so but payment MUST BE MADE before the 3rd to avoid the auto draft. (NO EXCEPTIONS). A late fee of $15 will be applied on the 5th of the month if payment has not been submitted.
If you choose not to use automatic payment, tuition can by paid by cash, Visa, MasterCard, Debit Card or check, payable to Skyra Studios. All tuition payments are due on or before the 1st day of each month. Skyra Studios will only send billing statements to delinquent account holders, notifying them of non-payment and late fee service charges. Students of delinquent account holders will not permitted in class until accounts are brought up to date.
Our monthly tuition is based on a four-week month. No additional charge is assessed for months that offer five classes. In the months where holidays affect the schedule of classes, no tuition is reduced.
Checks should be made payable to Skyra Studios, with drivers license number written on the check. The check should also include the name of the student. A $30 fee (and any additional court costs if necessary) will be assessed on all returned checks.
Tuition is not pro-rated for absences. Please review the Make-up policies below.
Return Charges:
I acknowledge and agree that a fee of $30.00 will be charged for any returned check or credit card/debit card charge not honored by the bank for any reason when processing any credit card/debit card charge. I agree to notify Skyra Studios, LLC, no less than thirty (30) days in advance of any change to my credit card/debit card account to prevent this $30.00 fee from being charged.
No Transfer:
I acknowledge that this agreement is non-transferable.
Cancellation Policy:
To cancel enrollment, a cancellation form is required to be completed and returned to the studio at least thirty (30) days prior to the next scheduled withdrawal date, otherwise, the next scheduled withdrawal may still be processed. You will have thirty (30) days to use any and all sessions accrued on your account. If you choose to re-enroll in the future, you will have to re-register ($100.00 registration fee).
Non-Payment:
If there is an outstanding non-payment balance. Skyra Studios, LLC, must resort to retaining an attorney or collection agency to enforce payment under this agreement. Legal action will be taken for all accounts 60 days past due. Court costs are the responsibility of the billing contact.
Non-Refundable Tuition and Other Fees:
It is the policy of Skyra Studios, LLC, that all tuition, registration, competition, costume, and other fees paid shall not be refunded at any time, regardless of the time of cancellation by the student or student's parents or guardians or whether the relevant program has commenced. If the relevant program has been canceled by the Skyra Studios, LLC, the School will make best efforts to move the student into a substantially similar program; if no such substantially similar program exists, the School will issue a full refund.
Attendance & Make Up Classes:
Students should arrive promptly for their scheduled class. Good attendance is imperative for proper training. Excessive absences and tardiness can hamper the progress of the entire class. If a student will be missing class, please notify the front desk at (323) 379-4674. It is the student's responsibility to make up the missed class and learn the missed material. Make-up classes are not permitted during observation week. If you are injured or sick for more than 2 days, you must present a note from a doctor to the program director. Without a doctor's note, you will not be allowed in class until the director receives one. If you miss more than 4 unexcused classes within a semester, because of an injury or illness certain measures will be taken with the program director. Children arriving more than 15 minutes late may not be admitted to their class, at the discretion of the instructor. Make-up classes are allowed only if the student misses a class due to illness or being out of town. Make-up classes must be taken within one month of the missed class. The make-up class must be a same-level class. Please contact the studio to schedule a makeup class.
Agreement for Participation
I understand that dance classes may include, without limitation, dancing with props, stretching, barre work, across the floor combinations, dance routines in the center, and other related activities. I further understand that all the activities of the dance class involve some degree of risk of strain or bodily injury. Skyra Studios, LLC is not responsible for personal property.
I agree to be responsible for reading studio correspondence and respecting deadlines, if applicable.
I hereby acknowledge that I have read the statements above and agree to participate accordingly.
Liability Waiver
I ("I", "me", "Participant"), have elected, on a voluntary basis, and, if I am under the age of 18, with the acknowledgement and permission of my parents or legal guardians (individually and collectively referred to herein as "Guardian"), to participate in dance and other athletic performance-related activities (individually and collectively, "Activities") for which I am registered with Skyra Studios, LLC ("Company"), which may include, without limitation, participation in Skyra Studios Classes and/or events to be named subsequent to the date hereof (individually and collectively, "Events").
I and my Guardian hereby represent and warrant that: (i) I am aware that participation in the Activities presents certain risks, (including, without limitation, brain injury, severe bodily harm and/or death) and I am aware that equipment problems and human error can contribute to or cause such injuries; (ii) I am aware that my risk of injury may be increased if I suffer from conditions that may be affected by physical exertion, and I represent and warrant that I am in good health and do not suffer from any such condition(s) (including, but not limited to neck, back, heart problems and pregnancy); (iii) no representations of any kind have been made to me by Company or Company's employees or personnel regarding my ability to participate in the Activities; and (iv) my participation in the Activities is not employment and is not subject to any union or collective bargaining agreement, and does not entitle me to wages, salary, corporate benefits, unemployment or workers' compensation benefits, or other compensation. I knowingly and voluntarily assume all risks associated with the Activities, and I and my Guardian unequivocally agree to incur and assume such risks as a condition to my participation in the Activities. I represent and warrant that I have reviewed this waiver
("Waiver") with my Guardian and I have obtained the permission of my Guardian to enter into this Waiver, as evidenced by my Guardian's signature/s. I and my Guardian agree and acknowledge that this Waiver is applicable to all Company Classes, Events and all Activities in which I participate at anytime, and is a perpetual Waiver for all such Classes, Events and Activities.
I understand that Company from time to time produces audio-visual programs, promotions, and other materials relating to its Classes, Events, Activities, and Services. I and my Guardian hereby grant Company and its agents, successors, assigns and licensees the perpetual right to use my name, likeness, biographical information, photographs, voice, personal characteristics, and other personal identification (collectively "Likeness") and any digital, videotape, sound and audio-visual recordings in any way (collectively "Recordings") in any and all manner and media, now known or hereafter devised, throughout the world, for any and all purposes including, without limitation, in productions and in connection with the advertising and promotion of productions and/or Company, provided that Company is under no obligation to exercise any of the foregoing rights.
In order to induce Company to register Participant in Company's Classes, Events, Activities and in consideration for Participant's opportunity to participate in the Activities, I and my Guardian hereby waive all claims (past, present or future), release and discharge, covenant not to sue, and agree to indemnify and hold harmless Company and all of its sponsors and advertisers, all venues at which the Classes and Events are held, all other persons and entities connected with the Events, the respective parents, subsidiaries, affiliated entities, licensees, successors and assigns of each of the foregoing, and each of their respective directors, officers, employees, agents, contractors, partners, shareholders, representatives and members, and each of their respective heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors, licensees and assigns (individually and collectively, the "Releasees"), in advance from and against any and all liability, loss, cost, damages, expense, claims, demands, actions, judgments and executions (individually and collectively, "Claims") which I and my Guardian, and my and my Guardian's heirs, representatives, administrators, executors, and assigns (the "Releasing Parties"), ever had, now has, or may have in the future, known or unknown, for loss or injury including, without limitation, personal injuries, bodily injury, death, lost wages, loss of employment, infliction of emotional distress, and/or damage to property (real or personal) in any way caused by, related to, or arising out of, directly or indirectly, the Releasing Parties' participation in the Activities and/or presence at the Classes, Events, including, without limitation, Claims arising from any defect or failure in or of equipment, venues, warnings, instructions, or otherwise, and/or arising from the Releasees' or any third parties' negligence or carelessness and/or the use of my Likeness, including but not limited to defamation, invasion of privacy, infringement of rights of publicity, misappropriation, false light, copyright or trademark infringement. I and my Guardian understand the significance and consequence of, and agree that, all rights under Section 1542 of the Civil Code of Florida or any similar law are hereby expressly voluntarily waived in full by me. Section 1542 states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." I and my Guardian shall not be entitled for any reason to terminate or rescind this Waiver nor to enjoin, restrain or otherwise impair the exercise of any of the rights and privileges granted or to be granted to Company hereunder, nor to restrain, enjoin or otherwise impair the development, production, exhibition and/or exploitation of the Classes, Events.
IN CASE OF EMERGENCY, I and my Guardian authorize Company and Company's agents, employees, representatives, and contractors, to arrange for or provide such medical assistance to me as any of them deems necessary, and authorize any physician, other medical or paramedical provider, and any medical facility to provide medical or surgical care, including without limitation anesthetization and hospitalization, which any of them may determine to be necessary or advisable, pending receipt of a specific consent from me. If my condition renders me incapable (as determined by Company and/or medical provider) of providing a specific consent at the time that medical provider present determines any treatment to be necessary and/or advisable in such the medical provider's sole discretion, I and my Guardian authorize such provider to administer such treatment without the need for further consent. I and my Guardian acknowledge that I will be responsible for paying for any medical treatment that I may receive as a result of injuries or illness suffered during my attendance and/or participation in the Events and Activities.
This Waiver shall be interpreted under the internal, substantive laws of the State of Florida without regard to the conflicts of law provisions thereof. The illegality, invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any of the remainder of this Waiver, which shall be enforced to the maximum extent permitted by law. I and my Guardian acknowledge that I and my Guardian have read every paragraph of this Waiver and understand each paragraph completely. I and my Guardian freely and voluntarily agree to all of the terms contained herein and understand that I and my Guardian are giving up certain legal rights.