I/WE realize that participation in dance classes and activities could result in some personal injury. Despite precautions being taken by the studio, accidents and injuries may occur. By signing this release form, I/WE (the dancer and parent/guardian) assume all risk related to the use of any and all spaces and/or facilities used by Fusion Dance Studio.

I/WE agree to release from responsibility Fusion Dance Studio, St. John's, NL, including all teachers, dancers, staff members, volunteers, and any/all facilities used by Fusion Dance Studio, for any purpose, from any cause of action, claims, or demands now and in the future. I/WE will not hold Fusion Dance Studio, St. John's, NL, liable for any personal injury, or costs associated with the same, including but not limited to: cuts, sprains, bruises, fractures, broken bones, or concussions, or death, or any personal property damage or loss, which may occur on the premises, or any other facility used by Fusion Dance Studio, before, during or after classes, rehearsals, or shows.

I/WE agree that this waiver will also apply to any travel that I/WE or our child(ren) may participate in with Fusion Dance Studio, including, local travel, national travel, or international travel.

I/WE agree to obey the class and facility rules and take full responsibility for the behavior of me/us and/or our child/children in addition to any damage I/WE may cause to the facilities utilized by Fusion Dance Studio.

I understand that Fusion Dance Studio is a licensed, accredited, and insured organization. In the event that I/WE should observe any unsafe conduct or conditions before, during or after my/our classes, I/WE agree to report the unsafe conduct or conditions to the owner and/or staff members as soon as possible.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
PLEASE READ CAREFULLY

The individual named below (referred to as "I" or "me") desires to enter and/or use facilities (the "Premises") owned by Fusion Dance Studio (the "Studio"), to use such facilities and to engage in the programs, classes, activities and other services offered at the Premises by the Studio or by a third party organization (the "Organization"), including, but not limited to, dance, camps, functions and special events (the "Activities"). As lawful consideration for being permitted by the Studio to be on and/or to use the Premises and to engage in the Activities, I agree to all the terms and conditions set forth in this agreement (this "Agreement").

I am aware of the highly contagious nature of the 2019 novel coronavirus disease (COVID-19) ("COVID") and the risk that I may be exposed to or contract COVID by being on the Premises and/or engaging in the Activities. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, disability, death, or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Studio employees and/or contractors. I understand that while the Studio has implemented preventative measures to reduce the spread of COVID, the Studio cannot guarantee that I will not become infected with COVID while on the Premises and that being on the Premises may increase my risk of contracting COVID.

NOTWITHSTANDING THE RISKS ASSOCIATED WITH COVID, I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING THE PREMISES AND/OR ENGAGING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE, ARISING FROM MY BEING ON THE PREMISES OR ENGAGING IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE STUDIO OR OTHERWISE, INCLUDING BUT NOT LIMITED TO RISKS ASSOCIATED WITH COVID.

I hereby expressly waive and release any and all claims which I have or may in the future have against the Studio and its teachers, employees, and assigns (collectively, the "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to my being on the Premises or engaging in the Activities, due to any cause whatsoever, including without limitation COVID, whether arising out of the negligence of the Studio or any other Releasee or otherwise, including without limitation, breach of contract, or breach of any statutory or other duty of care. I covenant not to make or bring any such claim against the Studio or any other Releasee, and forever release and discharge the Studio and all other Releasees from liability under such claims.

I am familiar with federal, provincial, and local laws, orders, directives, and guidelines related to COVID, including without limitation the guidance documents issued by the Newfoundland and Labrador Department of Health and Community Services (including those available at https://www.gov.nl.ca/covid-19/). I will comply with all such orders, directives, guidelines and guidance documents while on the Premises. I will also follow any rules, regulations, directions and instructions of the Studio and/or the Organization while on the Premises.

I agree not to enter the Premises if I am experiencing symptoms of COVID (including cough, shortness of breath, or fever), have a confirmed or suspected case of COVID, or have come in contact in the last fourteen (14) days with a person who has been confirmed or suspected of having COVID.

I shall defend, indemnify, and hold harmless the Studio and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees and disbursements, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities or my being on the Premises.

This Agreement is in addition to, and in no way limits or otherwise takes away from, any other agreement or waiver between me and the Studio, or any other agreement or waiver between me and the Organization.

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

This Agreement is binding on and shall enure to the benefit of the Studio and I and our respective heirs, executors, administrators, trustees, legal and personal representatives, successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Newfoundland and Labrador, and I hereby consent to the exclusive jurisdiction of such courts.


BY TICKING THE BOX BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE STUDIO AND THE RELEASEES.

1. All classes are to run consecutively excluding scheduled breaks. You can discontinue at the end of any month as long as the office is notified and your account updated before the end of the given month. Please note that you will continue to be charged for classes unless we are given sufficient notification.

2. All payments are non-refundable.

3. Fees are payable at the start of each month. Students will not be permitted to continue into the next term until previous outstanding accounts are paid in full.

4. A $25 NSF service fee will be charged to accounts for cheques returned due to insufficient funds.

5. If classes are cancelled due to inclement weather the class will not be rescheduled. Students are asked to make up the missed class with another suitable class scheduled later in the given month.

6. Fusion Dance Studio will not issue refunds for classes that are cancelled due to COVID-19 circumstances. In the event of a government mandated shutdown classes for that given month will take place virtually or be scheduled at a later date. If circumstances do not allow for virtual classes then a credit will be issued.

Students, parents and legal guardians authorize any representative of Fusion Dance Studio to obtain medical treatment that may be deemed necessary during an emergency situation where first aid and medical attention is required. Students, parents and legal guardians agree to assume all costs associated with said treatment.