ASSUMPTION OF RISK, WAIVER OF LIABILITY AND RELEASE OF CLAIM
I, __________________________, individually and in my capacity as the parent or guardian of ______________________________________________, and on behalf of myself, my child or children, my spouse, significant other, co-parent, co-guardian and all of our other family members (collectively, the "Family"), voluntarily and knowingly execute this Assumption of Risk, Waiver of Liability and Release of Claims Regarding Coronavirus (COVID-19) (this "Waiver"). This Waiver is executed and delivered for the benefit of Bridget's Dance Academy, a West Virginia limited liability company, and its owners, members, managers, employees and agents (collectively, "BDA") in connection with the Family's enrollment and participation in BDA's dance academy programming and services at its facility located at 117 Cheshire Way, Huntington, West Virginia 25701 ("Facility").
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and health agencies recommend social distancing and instituted limitations on the number of people who may congregate. BDA has adopted health, safety and sanitizing measures to reduce the spread of COVID-19; however, BDA cannot guarantee that members of your Family will not become infected with COVID-19. Further, your Family's enrollment at BDA may actually increase your Family's risk of contracting COVID-19 due to the exposure to other children who are unable to observe social distancing recommendations and to avoid person-to-person contact due to the nature of performing dance and dance techniques.
By signing this Waiver, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my Family may be exposed to or infected by COVID-19 by attending BDA and that such exposure or infection may result in loss of income, sickness, personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at BDA may result from the actions, omissions, or negligence of my Family or others, including, but not limited to, BDA's owners, members, managers, employees and agents or other families enrolled in BDA's dance programming and services. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any loss of income, sickness, personal injury, illness, personal disability, and death, as well as any damage, loss, claim, liability, or expense, of any kind, related to or arising from COVID-19 which my Family may experience or contract or be exposed to in connection with enrollment in BDA's dance programming and services. On behalf of my entire Family, I hereby waive, release, discharge, disclaim and hold BDA, its owners, members, managers, employees and agents, harmless from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to COVID-19.
I ACKNOWLEDGE THAT MY FAMILY IS VOLUNTARILY ELECTING TO ENROLL AND PARTICIPATE IN BDA'S DANCE PROGRAMMING AND SERVICES WITH FULL KNOWLEDGE OF THE RISK INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ALL SUCH RISK.
If any term or provision of this Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver is binding upon our Family and shall inure to the benefit of BDA, and the respective heirs, personal representatives, successors and assigns of each of the foregoing. All matters arising out of or relating to this Waiver shall be governed by and construed in accordance with the internal laws of the State of West Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of West Virginia or any other jurisdiction). Any claim or cause of action arising under this Waiver may be brought only in the federal and state courts located in Cabell County, West Virginia and I hereby consent to the exclusive jurisdiction of such courts. The parties to this Waiver hereby waive the right to a jury trial.
General Policies
1. Class Tuition Fees: Paid monthly, not by lesson. Missed classes are non-refundable. Check with instructor to make-up comparable class.
• Tuition is due the 1st of every month, and AutoPay will be applied on the 5th.
• Rates begin at $50.00/month plus 7% sales tax.
• Family Discounts: $10 off the monthly class fee per family. Discount can be applied to Yearly Rates. Can be paid year-in-full for 10% discount, NO REFUNDS will be given for year-in-full payments, non-refundable.
2. Costume Deposit: A $40.00 costume deposit for each costume ordered is due on October 30th. The entire balance due for all class costumes will be November 30th. These fees must be paid before the costume is ordered. Costume fees per routine range from $65-100. Costume fees will be auto-drafted with tuition after Costume fees will be auto-drafted with tuition after due date.
• Optional fees for the year include: BDA apparel & Recital pictures, DVDs, tickets.
• Competition Teams Costume Deposit: September 30th, balance due October 30. Costume will be ordered November 30th, must be paid in full.
3. Studio Rooms: In an effort to protect & maintain the flooring, the following are not permitted in the dance rooms: food & drinks, water only, and NO street shoes. Dancers should not enter studio rooms unless an instructor is present.
4. Dress Code: Dancewear is required for all classes, any color (except Ballet), any style. Please no jeans. See list for each class on next page.
• Acro - dance/gymnastics attire required, no loose clothing, no shoes or socks.
• Ballet - specific color leotard per level, pink tights, hair in ballet bun neatly secured, pink ballet shoes & no extra jewelry. Strictly enforced.
• Creative Movement - pink ballet shoes, only for classes with tap, black tap shoes.
• Hip Hop - clean sneakers or socks, sneakers will be included with recital costume purchase.
• Jazz - tan jazz shoes, dance attire required.
• Lyrical/Modern/Contemporary - ballet halves, dance attire required.
• Mommy & Me - pink ballet shoes
• Tap - black tap shoes (instructor's discretion), dance attire required.
***Street Shoes are not to be worn on the dance floors.
Hair is to be pulled up and out of face in all classes.
You are responsible for all personal belongings, & studio dressing room also available.
5. Missed classes: Classes may be made up in a similar level class as recommended by instructor. It is your responsibility to inquire about makeup classes. Tuition reductions or refunds are not given for missed classes. Tuition remains full price on holiday months.
6. Cancellation: You may withdraw from a class at any time by giving Bridget or front desk staff a written or verbal notification by the end of the month. Refunds will not be given for partial months attended.
7. Recital: Each spring the students will present a recital for family and friends, giving the dancers an opportunity to gain public performance experience. Costumes are chosen by the instructor and generally run $65-100.00 per class. Christmas performance optional.
8. Contact Changes: Please notify us with changes in name, address, email, or telephone number or keep your customer portal account updated. If you need to talk to us, please call the studio and leave a message.
9. Communication E-mail: Newsletters, closings, announcements, etc. are e-mailed, posted at the studio/BDA Facebook page and on the BDA website. Please read them to stay up-to-date.
10. Placements: Students in dance classes are at the discretion of the instructor.
11. Enrollment: Classes must maintain a minimum of five students to hold the class.
12. Studio Closings (weather, etc.): Studio closings will be posted via the following communication outlets - E-mail and BDA Facebook page. We do not follow school closings.
Studio Rules and Policies:
o No food or drink, other than water, allowed in the dance studios. No exceptions. All holiday party food must be prepackaged. All food must be kept in lobby or dressing room. Dancers and parents are responsible for cleaning up after themselves.
o No dancers are allowed in the dance studios without an instructor present. Dancers must wait in lobby until your instructor is ready to start class.
o No street shoes allowed on the dance floors. Please remove your shoes before entering the dance studios.
o Students and parents are responsible for their belongings. Do not bring valuables into the studio or waiting area. BDA is not responsible for lost, stolen, or misplaced property.
o All dancers must be picked up within 10 minutes of class ending.
o The dressing room is for girls/women only. Male students should use the restroom to change. The dressing room is not a waiting room.
o We highly encourage parents or guardians to walk students in and out of the studio. No student should leave the studio without a parent or guardian. Students should not wait outside!
o Dressing Room lockers can be rented for $10 each semester. Please sign up to rent at the BDA reception. First come first served.
o No horseplay or disrespectful behavior will be tolerated.
o Dressing rooms must be kept clean; failure to do so will result in loss of privileges. All lost and found items (other than dance shoes) left in lost and found will be donated to goodwill at the end of each month.
13. COVID19 Safety Policies and Procedures:
• Drop-off and Pick Up: The lobby will remain closed until further notice. BDA will continue our policy of drop-off at the side door and pick-up at the front door in the parking lot. A teacher will escort dancers to parent's cars at the end of each class.
• A professional cleaning company will sanitize the studio on a weekly basis, as well as daily sanitizing by our staff.
• Classes will be released 5 minutes early to allow for sanitizing in between classes, and allow for a better flow for dancers to enter and exit. Please make sure you are ready for pick-up of your dancer at least 5min prior to their scheduled class ending.
• Per the governor's mandate, all dancers age 9 and up will be required to wear a mask until further notice when entering and exiting the studio and when not on their designated dance area maintaining social distancing.
• Temperature checks will be required of all dancers and teachers before entering the studio. If you are feeling unwell, please do not attend class. Make-up classes can be arranged once you feel better.
• In the event that we are required to shut down, online virtual classes will resume. Tuition will be discounted 20% for virtual classes.
• In the event that classes or certain classes are cancelled or postponed, we will schedule make-up classes at a later date.
• In the event that an in-person competition or performance opportunity gets cancelled, there are virtual events and options we can attend or re-schedule for a later date.
• If your dancer or someone in your family has recently came in contact with COVID19 or tested positive, please contact us immediately so we can follow the CDC guidelines on responding. A negative test result will need to be provided before reentering our facility.
• If a dancer or employee tests positive in our facility we will follow the CDC recommended guidelines for cleaning and sanitizing.
o We will close off any areas used for prolonged periods of time by the sick person.
o We will open outside doors and windows to increase air circulation in these areas
o We will have our professional cleaning company come in to sanitize all areas and surfaces.
o Additional measures will be added as needed and recommended by the CDC.
• As the state adjusts their requirements and mandates following the spread of COVID19, we will make appropriate adjustments throughout the dance season.
Financial Statement & Liability/Photo Release
Financial Statement:
I received and read the BDA Dance Contract, and understand that Bridget's Dance Academy monthly tuition is due at the first week of each month. AutoPay will be applied on the 5th of every month. Monthly tuition is $50 per hour/class plus 7% sales tax. I also understand that if I have paid in full for tuition for the year, it is non-refundable.
Liability Release:
I understand that there are risks of physical injury associated with, arising out of and inherent to the activity of dance. In recognition, of this acknowledged risk of injury, I knowingly and voluntarily waive all right and/or causes of action of any kind, including any and all claims of negligence arising as a result of such activity from which liability could accrue to Bridget's Dance Academy, its officers, agents, employees, instructors, subsidiaries, parent corporations, and all affiliated entities (hereinafter collectively referred to as BDA).
I hereby agree to release BDA and hold BDA harmless of all liability, and hereby acknowledge that I knowingly and voluntarily assume full responsibility for all risks of physical injury arising out of active participation in dance on behalf of the participant.
I am aware that this is a release of liability and an acknowledgement of my voluntary and knowing assumption of the risk of injury. I have signed this document voluntarily and of my own free will in exchange for the privilege of participation.
Photo Release:
I grant to Bridget's Dance Academy, its representatives and employees permission to take photographs of my dancer in connection with the dance classes and programs. I authorize Bridget's Dance Academy, its designees to copyright, use and publish the same in print and/or electronically. I agree that Bridget's Dance Academy may use such photographs of my dancer with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content. I also give BDA permission to use my child's picture or mine as an adult student in or on any form of advertisement for BDA affiliated event.