Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

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.

Aloha Dance Studio , LLC & Kauai Gymnastic Academy, LLC has put in place preventative measures to reduce the spread of COVID-19; however, the studio &/or gym cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the studio &/or gym in person could increase your risk and your child(ren)'s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the studio &/or gym 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 the studio &/or gym may result from the actions, omissions, or negligence of myself and others, including, but not limited to, 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 my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)'s attendance at the studio &/or gym or participation in studio &/or gym programming ("Claims"). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the studio &/or gym, 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 the studio &/or gym, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any studio &/or gym program.

ALOHA DANCE STUDIO - Release and Waiver of Liability and Indemnity Agreement

In consideration of being permitted to participate in any way in the DANCE Program indicated below and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:

1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the below DANCE activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agreed that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.

2. I/WE fully understand and acknowledge that: (a) There are risks and dangers associated with participation in DANCE events and activities which could result in bodily injury, partial and/or total disability, paralysis and death. (b) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe. (c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below. (d) There may be other risks not known to us or are not reasonably foreseeable at his time.

3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.

4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the ALOHA DANCE STUDIO facility used by the participant , including its owners, managers, promoters, lessees of premises used to conduct the DANCE event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the ALOHA DANCE STUDIO facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as "Releasee"...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.

5. I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect. Release and Waiver of Liability and Indemnity Agreement (Read Carefully Before Signing)

7. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Facility Name: ALOHA DANCE STUDIO, LLC.
Facility Address: 4469 Kolopa St. STE 101 Lihue, HI 96766 & 3- 2600 Kaumualii Hwy #3, Lihue, HI 96766

KAUAI GYMNASTICS ACADEMY - CONSENT AND WAIVER AGREEMENT:

I give my permission for my child to participate in gymnastics classes at Kauai Gymnastics Academy. I understand that gymnastics is, in itself, inherently dangerous. I accept that any activity involving motion or height can cause serious, permanent or fatal injury. I will support and abide by the gym rules and policies posted in the gym. The above-named student has had a medical examination with the last 12 months and is physically, mentally and emotionally capable of participating in the sport of gymnastics.

I understand that students are expected to carry their own accident and medical insurance. I agree to be responsible for any medical bills incurred resulting from illness or injury while my child is at KGA. In the event of injury or illness, every effort will be made to contact the parents or guardian. If necessary, I authorize KGA staff to administer first aid and/or authorize medical treatment from any licensed hospital, physician and/or medical personnel for my or my minor child's immediate care and agree that I will be responsible for payment of any and all medical services rendered.

I agree to waive and relinquish all claims I or my minor child may have as a result of participating in the program against Kauai Gymnastics Academy, against their agents, servants, or employees.

I do hereby fully release and discharge the Kauai Gymnastics Academy, Inc., their officers, agents, servants, and employees from any and all claims from injuries, (including death), damages and losses sustained by me or my minor child arising out of or in any way associated with the activities of the program.

ALOHA DANCE STUDIO & KAUAI GYMNASTICS ACADEMY- BILLING PROCEDURE

There is an annual family registration fee of $15 plus tax. (August - May) Summer session does not have a registration fee included and is billed in full for the whole summer session. Please note, payments may be split into 2 payments or paid in full at the beginning of summer.

DANCE STUDIO:
During our regular school season, August - June, we bill in advance for the next 4 weeks of lessons. Statements for the next month with post in your account around the 20th of each month for the tuition due by the 1st of the next month. EX: Billing will go out August 20th for the September 1st tuition. We can also set-up an automatic withdraw for your convenience.

All tuition will be due no later than the 1st. If your bill is not paid by the 1st of each month a 10% late fee will be applied to your account by the 7th of each month if payment has not been made.

Payments can be made by check, cash or credit/debit cards. We will be glad to accept post-dated checks by the 1st for your convenience, or you may set up a pre-authorized secure credit/debit withdraw to be taken out directly on the 1st of each month, or a day you choose. (EX: you get paid on the 5th... payment can come out on the 6th of each month.)

We are a private school. All payments are non-refundable and no credits will be given for absence. You may take a make-up class for payments already received within one month of the absence if a class is available.

There will be a $15.00 charge for returned or declined payments.

GYMNASTICS:
For new students, payment may be made after the first class to ensure you child would like to join our program. For returning students, tuition is due prior to the 1st class of each session, however PAYMENT PLANS ARE AVAILABLE.

Gym is billed by session and can be split into 2 payments. We also offer DISCOUNTS for mulitple family members (immediate family only) 10% off applied to the lower priced of the classes and students that enroll in 2 classes per week receive a 10% discount on the lowest priced of the 2 classes. Current session must be paid in full to take advantage of the discount.

YES - we will offer a multi gym/dance discount, just ask!

I acknowledge that photos/videos may be taken during classes & I give permission for ADS & KGA to use photos that include my child on the ADS & KGA website, social media and/or ads for promotional purposes only. If you DO NOT want your child(ren) to be used for promotional photos or videos please contact the main office to let us know immediately and do not check this box.

REGISTRATION PROCESS: Students should register for their current time/class/group, OR ask your Coach if your child is ready to move up. New students that are between class groupings should register for the younger class. Tuition is pro-rated for students registering after the first class. Register in class or on-line.

FAMILY REGISTRATION FEE: A one-time $40 fee for registration/administration is charged PER FAMILY (immediate family only) when you first register for classes. It is non-refundable.

PAYMENT POLICY: For new students, payment may be made after the first class, to ensure your child wants to join our program. For returning students, tuition is due prior to the 1st class of each session, however payment plans are available. There is a $15 service charge for returned checks. We accept VISA, MASTERCARD and DISCOVER! If you are going to be off-island during the session and can give us the dates in advance, we will deduct for those dates. Look on the re-registration form.

DISCOUNTS: KGA offers a 10% discount for FULL payment by the last day of the current session. It is for Priority One & Two students only. We also offer a 10% discount for family members (immediate family only), applied to the LOWER priced of the classes, and students that enroll in 2 classes per week receive a 10% discount on the LOWEST priced of the 2 classes. Current session fees must be paid in full to take advantage of discounts.

REFUND POLICY: Our goal is to have everyone in their correct class and that the children and parents are happy. If there is a problem, please talk to us about it and if it cannot be resolved to your satisfaction, we will refund the balance of classes. We will also refund for a medical reason or when moving off-island.

MAKE-UP POLICY: Students are expected to attend all classes except in cases of illness or off-island trips. Since your child's place in class is being held for them even if they are absent, NO financial credit can be given for missed classes. Your child may make up classes missed by attending a same-level class another day of the week. We try to be very accommodating with make-ups, however, you MUST CALL to check availability of space for a make-up and they must be made up within the current session or next one. We reserve the right to refuse a make-up into a full class. A no-show for a make-up date is the same as having attended. It cannot be made-up again. See "Discounts" for deducting for off-island trips.

PARENT OBSERVATION: KGA allows parents and visitors to observe classes at any time. However, we reserve the right, at any time, to ask that you discontinue if we feel it is causing any kind of problem for the students. Please leave the coaching to KGA.

GYM ATTIRE: Girls: one-piece leotard or one-piece bathing suit. Elastic-waist / close-fitting shorts may be worn over the leotards. Exception: Tumbling for Cheerleading kids may wear a tank top shirt & shorts. No exposed midriffs allowed. Long hair must be tied back. No jewelry/watches allowed in class. Boys: comfortable clothing that allows freedom of movement. Athletic shorts and a shirt that can tuck in or not fall in their face when upside down are fine. All gymnasts: For safety reasons, NO jeans, shorts or pants with belt loops, buttons, pockets, zippers, buckles, metal or button closures. We are not responsible for lost, damaged or stolen property. Valuable items should NOT be brought to the gym.

EQUIPMENT: Full Olympic-sized spring floor, a wall of mirrors, Air4Tumble Trak, tramp trak with Pit bar and landing mat, 2 sets of uneven bars with graphite rails, parallel bars, low beams, 2 regulation beams, vault table, spring boards, Back Handspring Trainers including The Bouldertm, trapezoid blocks, a handstand trainer for bars, pommel horse and mushroom trainers, leg stretching devices, a "Dream Machine", Stall Bars, horizontal peg wall above the padded handstand wall, and miscellaneous cheese and other mats.

BAD WEATHER: We will be open unless schools are cancelled. Call the gym phone for updates. No refunds will be given for inclement weather. If we close because schools/government close, we will do our best to make-up the class/es but it's not guaranteed due to the potential number of students that could be affected.