General Liability Waiver
I understand and agree that participating in any dance lesson or class, workshop, rehearsal or performance, there is a possibility of physical injury. I voluntarily agree, therefore, to assume all risks and responsibility for any such injury or accident, which might occur to me (or my child) during any of Encore Dance Academy classes, lessons, rehearsals, performances, or activities. I also exempt, release, and indemnify Encore Dance Academy, its owners, agents, volunteers, assistants, employees, guest artists, faculty members, and/or students from any and all liability claims, demands, or causes of action whatsoever from any damage, loss, injury, or death to me or property which may arise out of or in connection with participation in any classes or activities conducted by Encore Dance Academy. I further hereby voluntarily agree to waive my rights and that of my heirs and assigns to hold Encore Dance Academy, its owners, employees, volunteers, assistants, guest artists, and/or students liable for such damage, loss, injury, or death. I understand that I should be aware of my physical limitations and agree not to exceed them.
Student Needs Release
Please review the following so that we may best service you child's emotional and educational needs. We understand that some of our students may be receiving special support at school, at home or at daycare respectively. We want to make sure that we continue that support here at dance. Please CONTACT THE STUDIO at erica@encoredanceacademy.net prior to registering for classes if any conditions listed below apply to your child's current or past situation. Has your child been evaluated for/being seen to support any of the following:
-Speech
-Gross motor concerns
-Social/emotional concerns
-ADD/ADHD
-Cognitive development concerns
-Was screened by Early Intervention
-Physical handicaps
-Visual impairments
-Hearing impairments
Class Placement Policy
I understand that class placement will be evaluated by the director during the first few weeks of class. I understand that if the director/instructor feels that a student was incorrectly placed in a particular class that they will be moved to the appropriate class.
Assumption of Risks and Waiver of Liability Related to COVID
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 federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Encore Dance Academy has put in place preventative measures to reduce the spread of COVID-19; however, Encore Dance Academy cannot guarantee that you will not become infected with COVID-19. Further, attending classes at Encore Dance Academy could potentially increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending classes at Encore Dance Academy and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Encore Dance Academy may result from the actions, omissions, or negligence of myself and others, including, but not limited to Encore Dance Academy employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense of any kind that I may experience or incur in connection with my participation to Encore Dance Academy classes ("Claims"). I hereby release, covenant not to sue, discharge, and hold harmless Encore Dance Academy, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Encore Dance Academy, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any class at Encore Dance Academy.
I understand and agree that this a fluid situation which could change as the season progresses. By agreeing to these policies, I acknowledge that I have read through the COVID-19 protocols and guidelines (located on the EDA website). I understand and agree that these protocols and guidelines could change as our local health regulations and or medical advice changes. I understand and agree that any updates to these protocols and guidelines will be emailed to me (and will be posted on the website) and must be adhered to upon receipt.
Severability
I further agree that this Waiver of Liability, Assumption of Risk and, Indemnity Agreement is intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid the remaining portions will continue to have full legal force and effect.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Massachusetts and any disputes arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the Courts of the State of Massachusetts.
Acknowledgment of Understanding
I have read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I confirm that I am signing the agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Cancellation of Enrollment Policies/Refunds
We are a small business operating at limited capacity at a time of high uncertainty. Due to guidelines limiting the number of students allowed in our classrooms - every space is important. It is vital that class spaces are filled by students who will be committing to a full program - which ends in June. Furthermore, due to the uncertain nature of resurgence, we have put policies in place to protect ourselves should we need to close our in-studio doors and assume classes virtually. It is always our intention to have our in studio classes running - unless we are mandated by the government to close or we have an exposure of a staff member and cannot find coverage for them. We will always make rulings based on the safety, health and well being of our students and faculty. We hope that you can understand that these changes are essential to ensure the survival of our business. Please direct any questions to erica@encoredanceacademy.net.
• By registering for dance classes, you are committing to payments from the time of enrollment through June 1st.
• Resurgence Scenario: All classes are backed with a virtual class option via Zoom. Should the studio need to close its in-studio classes, classes will automatically begin via our Virtual Dance Experience. Should you not wish to continue classes virtually, no refunds or discounts will be given for tuition for the time period involved.
• Child Is Sick/Quarantining: All classes are backed with a virtual class option via Zoom. Should your child need to stay home if they are sick, experiencing symptoms, or quarantining - they may take class via Our Virtual Dance Experience if they are feeling up to it. Should you not wish to continue classes virtually, no refunds or discounts will be given for tuition for the time period involved.
Payment Policies
I understand I am subject to a $5.00 late fee per day for past due payments (that exceed 14 days) as well as a $25 returned check fee, should a check bounce. I agree that if the students' payment is three or more weeks overdue in tuition or other fees due, the student will not be allowed to participate in the dance curriculum, but may observe the class until payment is made with permission of director. I also understand that I am responsible for all tuition payments as described in this tuition schedule. I understand that tuition or any other fees paid to Encore Dance Academy is neither transferable nor refundable. I understand fees and pricing are subject to change.
I understand that if I choose "Self Pay" for my payment option, I am given a 3 day grace period. If my payment is not received at that time, by account will be charged.
Social Media/Photos/Video Release
I give Encore Dance Academy permission to use dance photos and/or recital video materials of my child for social media, internet publicity or advertising purposes. I give permission to Encore Dance Academy to film or photograph my child while in class to be used for social media, internet publicity or advertising purposes.
Scheduled Payments
I agree that prior-notification of billing will be provided by Encore Dance Academy in a timely manner via email. I authorize Encore Dance Academy to charge the credit card or bank account provided, according to the terms outlined. I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify the business in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. I certify that I am an authorized user of this credit card or bank account and that I will not dispute the scheduled payments with my credit card company provided the transactions correspond to the terms indicated.
