PARTICIPANT AGREEMENT, RELEASE, ASSUMPTION OF RISK, AUTHORIZATION
In consideration of the services provided by Arts Dance Project, Inc., doing business as Pacific Arts Dance Center, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "PADC"), I hereby agree to release, indemnify, discharge, and authorize PADC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, estate, and all those persons registered under my account with PADC, as follows:
1. I acknowledge that dance programs entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. The risks include, without limitation: slips and falls; body movements that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life-threatening hazards; collisions with other participants; my own physical condition, and the physical exertion associated with this activity. Furthermore, PADC employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities or medical conditions. They might misjudge whether a participant has the skills, ability or conditioning to perform certain movements. They may give incomplete warnings or instructions, and the equipment being used might malfunction, all of which may result in risk of injury or death to me, the participant.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PADC from any and all claims, threatened claims, demands, causes of action, or any sums which it or they, or any of them may be subject to pay in consequence of any claim or demand by or through me, or resulting from or are in any way connected with my participation in this activity or my use of PADC's equipment or facilities, including any such claims which allege negligent acts or omissions of PADC.
4. If PADC or anyone acting on its behalf, is required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a claim against PADC, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. I hereby authorize PADC to publish in any format and use the name, affiliation, photographs, video footage and audio recording taken of students for the purpose of training students and staff and for advertising and promoting PADC, which may include without limitation the use on social media and PADC's website and other business platforms.
8. Students and parents are expected to follow PADC studio and program policies, rules, code of conduct as well as staff/teacher/director instructions. Failure to follow guidelines set by PADC by either a student or a parent may result in the immediate suspension and removal from a class and the premises. Moreover, any parent(s) who is disruptive, causes disturbances, makes disparaging remarks about staff, other students or parents will have their children immediately disenrolled. PADC strives to provide a safe, supportive and positive environment for all of its students and staff. Inappropriate behavior will not be tolerated.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against PADC on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I voluntarily agree to be bound by its terms. My continuation with the enrollment process and attending dance programs constitutes my further acceptance of the agreement.
I hereby authorize Arts Dance Project Inc, doing business as Pacific Arts Dance Center (PADC) to charge the payment account on file for any and all enrollments or classes attended by me or my family members as defined in my online account in accordance with the following payment policies.
PADC offers a wide range of classes and pricing structures. Prices, teachers, locations, class times, and class descriptions are subject to change at any time. PADC reserves the right to cancel classes and refuse service in its sole discretion. Please be sure to read and fully understand all class descriptions and programs before enrolling in or attending class. Once a participant attends a class there are no refunds for that class.
Pricing policies are grouped below according to the enrollment and attendance method. Some classes may fall under multiple enrollment types, in which case the method of enrollment dictates the policy applied. For example, if a student attends a single class as a drop-in student the drop-in class policy applies. If the student attends the same class as an enrolled student in the full training session the training session policy applies. PADC strives to offer the best classes at the best rates and sticking to these policies without exception helps to keep our operating costs to a minimum.
Dance is an art form that can and is often designed to push the body to its limits. As such, injuries can occur. From a training standpoint, an injury does not necessarily mean that training cannot continue. PADC strongly encourages our students, when appropriate for the individual situation, to observe and attend class throughout any recovery phase of an injury to the extent they are able to and to the extent cleared to do so by a licensed medical physician. Much can still be learned through observation and participation in the class conversation even when physical activity is not included.
Drop-in class charges are usually processed immediately but may be processed at the next available processing window or as part of a class reconciliation. You may see a class charge several days after attending class due to processing delays. All class attendance is listed on the online portal for your individual account. Please be sure to check-in for all classes. Attendance in class constitutes authorization for payment whether signed in or not.
Class Cards/Multi-Class Discounts
Class "Cards" or multi-class discount bundles only apply to the type of class purchased and registered for and cannot be used for another type of class. Pre-Paid class card sessions cannot be combined to pay for another higher priced class. Class Cards expire 8 months after the date of purchase and some class cards may have an earlier expiration date as noted on your account. PADC does not offer extensions so please be sure to only purchase the number of classes you will be able to attend. Unused portions of class cards are refundable, however, the classes taken will be calculated based on the full rate of the classes taken without any discounts applied. If after such full rate classes have been applied, there remains an unused balance on the class card, then that unused balance will be refunded.
Monthly tuition for school year classes is based on average classes per month for the entire season August-June. Some months have fewer classes due to holidays and some have more. Monthly tuition will remain the same unless a student adds/drops a class. Monthly tuition is billed once a month beginning in August through June with the first payment due upon registration. The RAD, Ballet Academy and Competition Programs are full school year commitments. Monthly tuition is due on the 25th of each month by automated electronic check or credit card. Every account must have a valid credit card or bank account on file. There is a $25 fee for any returned checks or declined cards. The non-refundable registration fee is $65 and is required each year that a student is registered in Student Classes.
Workshops and Summer Programs
Please read all program information before enrolling. Teachers and individual classes within the program are subject to change at any time. The program design and intention will however remain the same. PADC reserves the right to cancel a program due to low enrollment or for any reason. PADC will make every effort to notify students and families as far in advance as possible of any major changes.
Students may terminate enrollment at any time; however, we ask that Students provide 30 days' notice, so that PADC can adequately account and adjust for such terminations. Only amounts paid for classes that have not occurred are refundable. Missed classes are non-refundable. Unused portions of any payments for classes that have not occurred will be refunded; however, where payment was made for classes based on any discount, the classes taken will be calculated based on the full rate of the classes taken without any discounts applied. For regular student classes this means at the standard drop-in rate. If after such full rate classes have been applied, there remains an unused balance for classes that have not yet occurred, then that unused balance will be refunded. Registration fees of any kind whether for classes, events, performances, competitions, etc. and costume fees are nonrefundable.