Legal Agreement
This is a binding legal agreement. Clarify any questions or concerns before signing. In consideration of my entry upon the premises and facilities utilized by and /or participation, observation, instruction training or receipt of services and /or programs and related disciplines of or offered by, travel to and from such programs, events or activities (all of the foregoing including entry and access to premises and facilities shall be referred to as the "Activities") by 1262259 Ontario Inc., o/a Dance Place Niagara, its respective directors, officers, committee members, members, employees, volunteers, officials, participants, agents, sponsors, owners / operators of the facilities in which the Activities take place and representatives (collectively, the "Organization"), the undersigned, being the Participant and the Participant's Parent / Guardian (collectively, the "Parties"), acknowledge and agree to the following terms below.
Description of Risks
The Participant understands and acknowledges the following risks, dangers, and hazards (the "Risks") of the Activities and related disciplines and entry on facilities which include, without limitation:
Physical exertion which may cause serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the Participant's body or the Participant's general health and wellbeing;
Slips and falls; scrapes, cuts, bruises; muscle strains, twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in the eyes; impacts with the wall, ground or other structures and equipment; entanglement; seizures; loss of awareness; eye strain; dizziness; disorientation; nausea; impaired balances; physical and / or emotional injuries;
Concussion or other related head injuries, including, but not limited to closed head injury or blunt head trauma;
Loss of or damage to equipment / property;
Exposure to extreme conditions and circumstances;
Contact with other participants, administrators or other natural or manmade, equipment failure or malfunction, inadequate safety measures and participants of varying skill levels.
The Activities have foreseeable and unforeseeable inherent risks, hazards, possible allergens and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious injury, sickness, disease, contagion, including but not limited to COVID-19, permanent disability, paralysis, and loss of life.
The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming.
The Participant understands that these Risks may be caused in whole or in part by the Participant's own actions or inactions, the actions or inactions of others participating in or present during the Activities or the negligent acts or omissions of the Organization.
Release of Liability
The Participant hereby expressly assumes all such Risks and responsibility for any damages, liabilities, losses including loss of income, expenses or related loss which they incur as a result of the Participant's participation in the Activities.
The Participant waives any and all claims that they may have now or in the future against the Organization and covenants not to sue the Organization.
The Participant forever releases the Organization from any and all claims, demands, actions, damages (including direct, indirect, special and / or consequential), losses, actions, judgment and costs (including legal fees) (collectively, the "Claims") which the Participant has or may have in the future, that might arise out of, result from, or relate to participation in the Activities, even though such Claims may have been caused by the Organization in any manner whatsoever, including but not limited to the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and / or breach of any statutory duty of care of the Organization. That negligence includes failure on part of the Organization to take reasonable steps to safeguard or protect the Participant from the risks, dangers, and hazards associated with the Activities.
The Participant agrees that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, the Participant or anyone on the Participant's behalf, makes a claim against the Organization or any third party that claims indemnification from the Organization, the Participant WILL INDEMNIFY, SAVE AND HOLD HARMLESS the Organization from any litigation expenses, legal fees, loss, liability, damage or costs which any may incur as a result of such claim, to the fullest extent permitted by law.
Terms & Attestation
The Participant attests, acknowledges and agrees:
That the Participant:
is in good physical and mental condition to participate in the activities.
OR
has a pre-existing medical condition(s) which have been indicated in the participant's file and is explicitly stated otherwise.
The Participant will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the facility or venue in which the Activities occur.
The Participant will comply with all the rules and regulations of the Organization, Dominion of Canada, Province of Ontario and Public Health concerning matters of health and safety and specifically as they relate to COVID-19 or such other communicable disease or contagion.
If the Participant observes a significant hazard or risk, the Participant will remove themselves from participation in the Activities and report the hazard or risk to the attention of an Organization representative immediately.
That the Organization does not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant. That it is the Participant's sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, the Participant acknowledges and accepts the suitability and conditions of the Activity.
The participant(s) must be in compliance with all policies and procedures at all times. Willingly ignoring or refusing to comply with the Organization's policies and/or procedures may result in the cancellation of this Registration without reimbursement.
Photo/ Social Media Policy
I do hereby consent and agree that the Organization, it's employees, or any agent(s) of the Organization have the right to take photos, videos, and/or digital recordings of my child during all on site and off site dance classes and/or performances and to use these images or recordings for the purpose of advertising and/or promotion at anytime now or in the future.
I do hereby release the Organization, its respective directors, officers, committee members, members, employees, volunteers, officials, participants, agents, sponsors, owners / operators, all rights to exhibit this work in print and electronic form publicly or privately and to produce copies.
The Participant waives any right, claims or interest they may have to control the use of their likeness in whatever media used. The Participant understands there will be no financial or other renumeration for recording them.
Form Accuracy
The signor of this form guarantees the accuracy of the information on file in its entirety and acknowledges that he/she is required to update the parent portal through our studio webpage &/or notify the Organization by email immediately of any change to the information in this form at any time throughout the program year (ending June 2022).
Communication
ALL correspondence and emergency updates from the Organization will be sent to the email address linked to the Participant's portal. Be sure to add danceplace@mail.com to your provider's 'safe sender' list to avoid any issues. Upon submitting this registration form you will receive a digital copy to your email. If you did not receive a copy please notify us immediately. You can also access most information through our new parent portal.
The Organization should immediately be notified of any changes during the school year (ending June 2022) that would affect the accuracy of this form by email; danceplace@mail.com. Any questions or concerns that you may have can be communicated by email at any time.
Refunds and Cancellations
Upon successful registration, a space is reserved in your selected class. By restricting class sizes for the benefit of our students, Refunds and/or Cancellations cannot be accepted at any time.
If The Organization (Dance Place) is required to suspend in-studio classes due to a state of Emergency or other mandated government closure(s), all dance classes will continue online (Zoom or similar platform) for the remainder of the season. Monthly payments will continue and the students will continue to train via video sessions.
The Organization reserves the right to cancel any student registration at any time, for any reason and release the Registrant from any unpaid balance without penalty. Completed/Authorized payments for past classes will not be refunded.
Payment Policy
I accept the full financial arrangement as set out in the monthly fees associated with this Registration Form and agree to pay the total in full as per the Monthly Payment Schedule outlined herein.
By registering online, I agree that the credit card information provided will be automatically charged Monthly for the registration of the classes, programs or camps that I have selected. Acceptable methods of payment: Automatic Payment - Visa or MasterCard.
Interest at a rate 5% compounded monthly will be applied to any outstanding or past due amounts
Severability
The Participant further agrees that if any portion of this agreement is found to be void or unenforceable, the remaining sections of the document shall remain in full force and effect.
Acknowledgment
The Participant acknowledges that they have read and understand this Agreement, that they have executed this Agreement voluntarily and that this Agreement is to be binding upon the Participant, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Participant further acknowledges by signing this Agreement that the Participant has waived the right to maintain a lawsuit against the Organization on the basis of any claims released herein.
