Waiver and Release of Liability
Please read and complete the following document before your child's first dance class.
IN CONSIDERATION OF the risk of injury that exists while participating in DANCE AND ACROBATICS (hereinafter the “Activity”); and
IN CONSIDERATION OF my desire to participate in said activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge GEN. Z DANCE CO LLC, located at 121 N Broadway St., Berea, Kentucky40403, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO:DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releases against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees, In the event that I should require medical care or treatment, I authorize Gen.Z Dance Co LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical financially responsible for any costs incurred as a result of such treatment. I am aware and understand. That I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Gen. Z Dance Co LLC official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Gen. Z Dance Co. LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Generation Z Dance LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Gen. Z Dance Co. LLC, its agents, and employees.
I agree that this Release shall be governed for all purposes by Kentucky law, without regard to any conflict of law principles This Release supersedes any and all previous oral or written promises or other agreements,
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agents willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, _________________________
And Gen. Z Dance Co. LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall be determined to be unlawful or otherwise effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person(s) in order presented:
Emergency contact: Relationship: Contact’s number:
1.__________________________________________________________
2.__________________________________________________________
3.__________________________________________________________
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTEST AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
Studio Policies
Please read the following policies and submit form.
Closings/Holidays:
Any closings due to Holidays, inclement weather, emergencies, will not alter pricing per month.
We are closed for New Years, Christmas, Thanksgiving, Independence day, & Halloween, Labor Day, Memorial Day, Spring Break, and Summer Break.
Any closings can be found on our Facebook page and will be posted before 2pm, be sure to always check before attending classes.
Payment:
We require a card on file for payment each month. Payment is withdrawn on the 12th day of each month. Monthly payment is to keep your dancer enrolled and to keep their spot in their classes, it is not based off of the amount of classes per month.
Refunds will not be given for any reason, payment will be collected for the whole month, absences or withdrawal will not affect the costs.
If your payment is more than 5 days late a 10% fee will be applied. If after 5 days of no payment, your dancer will not be allowed to attend until payment has been provided.
A card transaction fee of 3.5% will be applied and rounded to the nearest dollar. If you would like to pay in cash, please be sure to pay before the 12th to prevent your card from being charged. Refund will not be permitted for any reason.
Attendance:
We take attendance very important and expect our students to show up weekly. Showing up weekly helps your dancer get the material needed. Excessive absences could result in your dancer falling behind. If your dancer needs to miss due to illness, emergencies, or any other obligations, please let your teacher know through email or our Gen Z Dance Co. FB messenger. Absences do not alter pricing per month.
Drop out fee/Pause in Enrollment:
We understand that dance may not be a perfect fit for all students and that exploring other activities is important. There will be a drop out fee of $45. Please contact your teacher to see what steps need to be taken.
If your dancer needs a pause in enrollment for any reason and you want to keep your dancers spots in the classes they are enrolled in, a $20 fee will be due each month that you are on pause.
Dress Code:
We expect all dancers to be in dress code. Having a dress code keeps dancers from getting distracted and helps our teachers properly teach body alignment. Please click the button below if you are unsure of what your dancer needs to be wearing for their class.
Behavior:
We have a zero tolerance for bullying or negativity from our parent's or dancer's. If there are any problems between your dancer or yourself, it needs to be addressed with Tawney Lykins (owner). Any slander/negativity on social media could result in your dancer being dismissed from our studio or legal actions if needed. We want all parent's and dancer's to feel comfortable and enjoy their visits at our studio.
Class observation:
Parent's are NOT allowed in our classroom. However, we provide a LIVE zoom meeting for each class so that parent's can watch their dancer's progress per week. Please get in touch with your teacher for more info.
Arrival/Dismissal:
We ask that all parent's show up on time to our classes and for pick up. If your dancer is more than 15 minutes late, we ask that you do not bring your dancer. In the beginning of classes we take extra precautions to make sure your dancer is properly warmed up to prevent any injuries, bringing your dancer after warm up could result in an injury.
We are NOT liable for your dancers outside of the classroom after their scheduled class.
We expect all siblings and dancers to be accompanied by an adult for safety reasons. Fees will be applied if your dancer or siblings are left without parental care.
Lobby:
We expect all dancers, siblings, and parents to keep voices low and to pick up after themselves. Failure to do so could result in being asked to wait in your car or to not bring any food or drinks. If you spill something, please notify a staff member for proper clean up.