Black Hills Aerial and Cirque Waiver and Liability FormPhone 720-256-3503 Breawna or 605-209-5102 Morgan liveitupstudio.com
We love that you have chosen to be trained at Live it Up Studio. With this amazing sport comes risks that we want to make sure you are aware of and the student is aware of to keep the upmost safety and concern while entering into this aerial art form. Please read the below waiver and sign off so that we can get your student up and flying!
Please see the Studio Rules listed in the studio.
Classes are taught in 3 month sessions. Due to the nature of aerial arts and how it is instructed, Live it Up/BHAC will offer a 3 month long semester with two month semesters in the Summer months. The first starting Sept. The second starting Dec. The third starting March along with a summer session. Each student and or parents must commit to the full semester and payments to attend. This is to insure the upmost safety as well as proper progression and technique. This also allows for a class that is at capacity to insure no new beginner students will take a spot of a student that has dropped after one or two month of the session. Beginner students that attend in the middle of the course take much needed time away from other students while catching up to class. Your student will also progress at a much more consistent speed.
Black Hills Aerial and Cirque / Live It Up Studio / TFG
Parent, legal guardian, or representative to sign if Releaser is under age of eighteen (18).
1. In seeking, receiving permission, and/or voluntarily agreeing to participate in aerial dance and related activities under the direction of Breawna Nylen and staff members of Black Hills Aerial Cirque, Live It Up ,FE or related entities and venues (Just Gymnastics) (Barefoot Dance Studio, or Rushmore Mall)
I, ___________________________ "Releasor", hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Breawna Nylen and staff members of FE, Black Hills Aerial Cirque or related entities and venues (Just Gymnastics) (Barefoot Dance), including servants, agents, employees, representatives, volunteers, successors and assigns (hereinafter "Releasees") from any and all liability, claims, demands, actions, lawsuits, causes of action and/or judgments whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while engaging in such activities, or while in, or upon the premises where the activities are being conducted, REGARDLESS WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise and regardless whether such liability arises in tort, contract, strict liability, or otherwise.
2. I am FULLY AWARE OF THE RISKS AND HAZARDS associated with aerial dance and related activities, including the risk of injury and even death, and I hereby elect to voluntarily participate (or to endorse the participation of my minor child or dependant) in said activities and to enter the above-named premises and engage in such activities knowing that the activities may be hazardous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
3. I further hereby AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees, that they may incur due to my participation in said activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
4. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased; and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named Releasees. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of South Dakota and that if any part of this release is determined to be illegal, unenforceable or in conflict with any law governing this Agreement, the validity of the remaining portions shall not be affected thereby.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ THE FOREGOING WAIVER OF LIABILITY AND HOLD HARMLESS AGEEMENT; understand it and sign it voluntarily as my own free act and deed; no oral representations; statements or inducements apart from the foregoing written agreement have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same. Additionally, if "Releasor" is under the age of eighteen (18), I sign this form, on their behalf, and in full endorsement of and agreement with all contained as the Releasor's parent, legal guardian or representative. THIS IS A RELEASE OF LEGAL RIGHTS. PLEASE READ AND UNDERSTAND BEFORE SIGNING.
(5)I also understand this is a NO COMPETE for performance or instruction of aerial, lyra, circus, pole fitness or related apparatuses or cirque performance of any kind with in a 500 mile radius of the city of Rapid City. I understand all instruction and choreography is intellectual property of Breawna Nylen and staff members of Black Hills Aerial Cirque, Live It Up Studio and FE. Aerial Dance and Cirque performances are to only be practiced and performed under strict safety guidelines and contracts within Black Hills Aerial and Cirque and FE. I understand that training under this company means that I will not be available to work as an aerialist in this 500 mile radius area. I understand I will not be able to work as an instructor or performer unless booked under BHAC and or FE.
This agreement automatically renews for three years every year unless said performer sends a written letter to renegotiate contract. At that time further agreements or amendments to contract may be made if both parties are in agreement. Black Hills Aerial and Cirque and FE strive to create a safe learning atmosphere along with professional performance opportunities for our students.
Aerialist Name Email
Address Phone Number
Signature and Date
Black Hills Aerial and Cirque / FE Signature
Attendance is important for any student's success; please attempt to be present for every class. In the event of absence, students may attend a make-up class. To arrange a make-up class, it is your responsibility to arrange it through your instructor. Out of consideration, please attempt to let Live it Up know if a student will be missing a class.
Because it means so much to us at Live it Up to maintain small class sizes, notification of withdrawal is extremely important. Please be aware that no prorating or refunds will be issued due to withdrawing from classes. All automatic bank debiting or credit card charges will stop after the one-month written notice. Please see a staff member with any questions.
Students may be asked to sit out of class if they do not meet the requirements for class.
If Rapid City Public Schools are cancelled or let out early for weather, classes will not be held. If any other weather circumstance should arise, Live it Up will do its best to notify all students of cancellations.
blackhillsaerialandcirque.com / liveitupstudio.com
If you are unsure of a cancellation please call Live it Up Studio.
A contract will be signed for performances when all dates and times are established. It is extremely difficult to change choreography if a student withdrawals from a performance. No refunds will be given on performance deposits or costume fees if the child withdraws from performances after the contract is signed. If a student has returned a signed performance contract to participate in that years recital but withdrawals from class prior to recital, the student will still be responsible for any tuition fees to be incurred up through recital. Withdrawals due to special circumstances may be permitted at the discretion of Live it Up management.
If your instructor should be ill or have any other reason that she should not be able to attend class, phone calls will be given to each student and make-up classes will be arranged by the instructor. Live it Up Studio reserves the right to cancel a class due to low attendance or inconsistent attendance, and no refunds will be given.
*It is your responsibility to be informed. We do our best using handouts, email, and social media to make sure that important event information is being delivered. If you aren't receiving emails please verify your email address at the front desk. Please come in and check it out regularly for new information!
Live it Up Studio implements an automatic withdrawal system for our tuition payments. Tuition will be charged to the card or account on file on the 5th of every month for monthly classes. For our 3 month sessions, payment will be due in full at the beginning for each month the session starts. (Sept, Dec, March, June). If you notice multiple debits to your account, it is your responsibility to notify Live it Up. If there is an error and automatic withdrawal does not occur for tuition, Live it Up will not implement retro-payments without explicit permission. You are responsible for any outstanding balances on your account. If you do not have a card to put on file for automatic payments, you will be required to pay tuition by cash or check quarterly. If you wish to withdraw from classes and cancel automatic payments, please see our Withdrawal Policy.
Registration fees and tuition payments are non-refundable.
The equipment fee is collected one time annually. This is a fee of $25. This is collected for new equipment at the studio as well as upkeep of the current equipment. There will be no prorating or refunds given due to missed classes.
If a payment on the 5th of the month is missed, there will be a $5 late fee added onto the account. If the tuition is still not paid by the 10th of the month, an additional $5 fee will be added onto the account, and on the 15th, another $5 fee.