Agreement for Participation
I understand that dance classes may include, without limitation, dancing with props, stretching, barre work, across the floor combinations, dance routines in the center, and other related activities. I further understand that all the activities of the dance class involve some degree of risk of strain or bodily injury. Odyssey Dance Company is not responsible for personal property. I agree to be responsible for reading studio correspondence and respecting deadlines, if applicable. I hereby acknowledge that I have read the statements above and agree to participate accordingly.
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 reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illnesses and even death. Odyssey Dance Company cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Odyssey Dance Co & Chance 2 Dance Inc. services or premises. It is not possible to prevent the presence of the disease. Therefore, if you choose to utilize Odyssey Dance Company services and/or enter onto Odyssey Dance Company premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19. ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Odyssey Dance Company services and enter Odyssey Dance Company premises. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Odyssey Dance Company services and premises in person, rather than arranging for an alternative method of enjoying the same services virtually. WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Odyssey Dance Co. and its owners, officers, directors, managers, officials, trustees, agents, sub-contractors, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Odyssey Dance Company & Chance 2 Dance, Inc. services, and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. CHOICE OF LAW: I understand and agree that the law of the State of Florida will apply to this contract. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE. I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by acknowledging this digital agreement, I hereby do consent to the terms and conditions of this Release.
I ("I", "me", "Participant"), have elected, on a voluntary basis, and, if I am under the age of 18, with the acknowledgment and permission of my parents or legal guardians (individually and collectively referred to herein as "Guardian"), to participate in dance and other athletic performance-related activities (individually and collectively, "Activities") for which I am registered with Odyssey Dance Company ("Company"), which may include, without limitation, participation in Odyssey Dance Company Classes and/or events to be named subsequent to the date hereof (individually and collectively, "Events"). I and my Guardian hereby represent and warrant that: (i) I am aware that participation in the Activities presents certain risks, (including, without limitation, brain injury, severe bodily harm and/or death) and I am aware that equipment problems and human error can contribute to or cause such injuries; (ii) I am aware that my risk of injury may be increased if I suffer from conditions that may be affected by physical exertion, and I represent and warrant that I am in good health and do not suffer from any such condition(s) (including, but not limited to neck, back, heart problems and pregnancy); (iii) no representations of any kind have been made to me by Company or Company's employees or personnel regarding my ability to participate in the Activities; and (iv) my participation in the Activities is not employment and is not subject to any union or collective bargaining agreement, and does not entitle me to wages, salary, corporate benefits, unemployment or workers' compensation benefits, or other compensation. I knowingly and voluntarily assume all risks associated with the Activities, and I and my Guardian unequivocally agree to incur and assume such risks as a condition of my participation in the Activities. I represent and warrant that I have reviewed this waiver ("Waiver") with my Guardian and I have obtained the permission of my Guardian to enter into this Waiver, as evidenced by my Guardian's signature/s. I and my Guardian agree and acknowledge that this Waiver is applicable to all Company Classes, Events, and all Activities in which I participate at any time, and is a perpetual Waiver for all such Classes, Events, and Activities. I understand that Company from time to time produces audio-visual programs, promotions, and other materials relating to its Classes, Events, Activities, and Services. I and my Guardian hereby grant Company and its agents, successors, assigns, and licensees the perpetual right to use my name, likeness, biographical information, photographs, voice, personal characteristics, and other personal identification (collectively "Likeness") and any digital, videotape, sound, and audio-visual recordings in any way (collectively "Recordings") in any and all manner and media, now known or hereafter devised, throughout the world, for any and all purposes including, without limitation, in productions and in connection with the advertising and promotion of productions and/or Company, provided that Company is under no obligation to exercise any of the foregoing rights. In order to induce Company to register Participant in Company's Classes, Events, Activities and in consideration for Participant's opportunity to participate in the Activities, I and my Guardian hereby waive all claims (past, present or future), release and discharge, covenant not to sue, and agree to indemnify and hold harmless Company and all of its sponsors and advertisers, all venues at which the Classes and Events are held, all other persons and entities connected with the Events, the respective parents, subsidiaries, affiliated entities, licensees, successors and assigns of each of the foregoing, and each of their respective directors, officers, employees, agents, contractors, partners, shareholders, representatives and members, and each of their respective heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors, licensees and assigns (individually and collectively, the "Releasees"), in advance from and against any and all liability, loss, cost, damages, expense, claims, demands, actions, judgments and executions (individually and collectively, "Claims") which I and my Guardian, and my and my Guardian's heirs, representatives, administrators, executors, and assigns (the "Releasing Parties"), ever had, now has, or may have in the future, known or unknown, for loss or injury including, without limitation, personal injuries, bodily injury, death, lost wages, loss of employment, infliction of emotional distress, and/or damage to property (real or personal) in any way caused by, related to, or arising out of, directly or indirectly, the Releasing Parties' participation in the Activities and/or presence at the Classes, Events, including, without limitation, Claims arising from any defect or failure in or of equipment, venues, warnings, instructions, or otherwise, and/or arising from the Releasees' or any third parties' negligence or carelessness and/or the use of my Likeness, including but not limited to defamation, invasion of privacy, infringement of rights of publicity, misappropriation, false light, copyright or trademark infringement. I and my Guardian understand the significance and consequence of and agree that all rights under Section 1542 of the Civil Code of Florida or any similar law are hereby expressly voluntarily waived in full by me. Section 1542 states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." I and my Guardian shall not be entitled to any reason to terminate or rescind this Waiver nor to enjoin, restrain or otherwise impair the exercise of any of the rights and privileges granted or to be granted to Company hereunder, nor to restrain, enjoin or otherwise impair the development, production, exhibition and/or exploitation of the Classes, Events.
IN CASE OF EMERGENCY, I and my Guardian authorize Company and Company's agents, employees, representatives, and contractors, to arrange for or provide such medical assistance to me as any of them deems necessary, and authorize any physician, other medical or paramedical provider, and any medical facility to provide medical or surgical care, including without limitation anesthetization and hospitalization, which any of them may determine to be necessary or advisable, pending receipt of a specific consent from me. If my condition renders me incapable (as determined by Company and/or medical provider) of providing a specific consent at the time that the medical provider present determines any treatment to be necessary and/or advisable in such the medical provider's sole discretion, I and my Guardian authorize such provider to administer such treatment without the need for further consent. I and my Guardian acknowledge that I will be responsible for paying for any medical treatment that I may receive as a result of injuries or illness suffered during my attendance and/or participation in the Events and Activities. This Waiver shall be interpreted under the internal, substantive laws of the State of Florida without regard to the conflicts of law provisions thereof. The illegality, invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any of the remainder of this Waiver, which shall be enforced to the maximum extent permitted by law. I and my Guardian acknowledge that I and my Guardian have read every paragraph of this Waiver and understand each paragraph completely. I and my Guardian freely and voluntarily agree to all of the terms contained herein and understand that I and my Guardian are giving up certain legal rights.
Consent for Photograph, Audio/Video Release
I hereby grant Odyssey Dance Company permission to the rights and likeness to take photo/ video recordings during dance class and/or special performances. Photographs or Video recording may be used for educational and training purposes, donor/sponsor give- back, and may be used for Chance 2 Dance advertisement purposes. No names will be used; the dancer’s personal identity will remain confidential unless agreed by client and management for special purposes. I waive any right to payment, royalties or other compensation arising or related to the use of images or recordings, or any other consideration. There is no time limit on the validity of this release nor is there any geographic limitation.
I understand that I am enrolling my child into Odyssey Dance Company classes held at Chance 2 Dance, Inc studio. I understand invoices are sent by the 1st of each month and I understand I am required to have a card on file for auto-pay purposes (if/as needed). I understand I am able to pay cash, check, or zelle for fees prior to the monthly stated deadline(s). I understand that my card on file will be charged if I am late for fee due dates. I understand I will not be charged unless I give consent prior to the fee deadline. I understand that I am required to submit in writing a 30 Day cancellation notice to stop recurring monthly auto-drafts. I agree to pay all fees due by the 7th at 5:00PM of every month or I will incur a $15 late fee. I understand that all services and fees incurred by my child while enrolled at Odyssey Dance Company are non-refundable, these fees include but are not limited to: monthly tuition, private lessons, costume fees, competition entry fees, convention entry fees, production participation fees, studio rental fees, master class fees, intensives, events, and other activities throughout August 1, 2023, through June 4, 2024 school year.
Monthly dues are calculated over the entire school year of classes held over 10 months August-May. I understand that I am not paying for scheduled school vacations or holidays.
The $15 Registration Fee is due upon enrollment. All other months are due on the first of each calendar month. Any student with an overdue balance of more than 45 days will not be allowed into class until payment in full is received. Overdue balances must be paid in cash, money order, or bank check.
Discounts: A 10% sibling discount is offered for the first sibling; a 15% discount applies to the second and additional siblings.
Payment of Monthly Dues: I acknowledge and agree to pay for classes at Odyssey Dance Company, and do promise to pay Odyssey Dance Company, for the enrolled total for the contracted classes. I hereby authorize Odyssey Dance Company to charge the credit card/debit card on file every 30 days in order to pay these installments. All students enrolled in classes are required to have a credit card on file. Tuition will be AUTO DRAFTED on the 1st of each month using the card provided at registration you choose for Auto-Pay. Should a parent wish to use another method for payment, they are welcome to do so but payment MUST BE MADE before the 7th of the month, by 5:00PM to avoid the auto draft. (NO EXCEPTIONS). Odyssey Dance Company monthly tuition is based on a four-week month. No additional charge is assessed for months that offer five classes. In the months when holidays affect the schedule of classes, no tuition is reduced. Checks should be made payable to Odyssey Dance Company, with the driver's license number written on the check. The check should also include the name of the student. A $30 fee (and any additional court costs if necessary) will be assessed on all returned checks. Tuition is not pro-rated for absences. Please review the Make-up policies below.
Late Fee: A late fee of $15 will be applied on the 8th of the month if payment has not been submitted. If you choose not to use automatic payment, tuition can by paid by cash, Visa, MasterCard, Debit Card or check, or Zelle 407.221.6923 payable to Odyssey Dance Company before the 7th of the month. All tuition payments are due on or before the 7th day of each month. Odyssey Dance Company will only send billing statements to delinquent account holders, notifying them of non-payment and late fee service charges. Students of delinquent account holders will not be permitted in class until accounts are brought up to date.
Return Charges: I acknowledge and agree that a fee of $30.00 will be charged for any returned check or credit card/debit card charge not honored by the bank for any reason when processing any credit card/debit card charge. I agree to notify Odyssey Dance Company, no less than thirty (30) days in advance of any change to my credit card/debit card account to prevent this $30.00 fee from being charged.
No Transfer: I acknowledge that this agreement is non-transferable.
Cancellation Policy: To cancel enrollment, a cancellation email is required to be completed and returned to the company at least thirty (30) days prior to the next scheduled withdrawal date, otherwise, the next scheduled withdrawal may still be processed. You will have thirty (30) days to use any and all sessions accrued on your account.
Non-Payment: If there is an outstanding non-payment balance. Odyssey Dance Company, must resort to retaining an attorney or collection agency to enforce payment under this agreement. Legal action will be taken for all accounts 60 days past due. Court costs are the responsibility of the billing contact.
Non-Refundable Tuition and Other Fees: It is the policy of Odyssey Dance Company, that all tuition, registration, competition, costume, and other fees paid shall not be refunded at any time, regardless of the time of cancellation by the student or student's parents or guardians or whether the relevant program has commenced. If the relevant program has been canceled by the Odyssey Dance Company, the company will make its best efforts to move the student into a substantially similar program; if no such substantially similar program exists, the company will issue a full refund.
Attendance & Make-Up Classes: Students should arrive promptly for their scheduled class. Good attendance is imperative for proper training. Excessive absences and tardiness can hamper the progress of the entire class. If a student will be missing class, please notify the front desk at (407)221.6923. It is the student's responsibility to make up the missed class and learn the missed material. If you are injured or sick for more than 2 days, you must present a note from a doctor to the program director. Without a doctor's note, you will not be allowed in class until the director receives one. If you miss more than 4 unexcused classes within a semester, because of an injury or illness certain measures will be taken with the program director. Children arriving more than 15 minutes late may not be admitted to their class, at the discretion of the instructor. Make-up classes are allowed only if the student misses a class due to illness or being out of town. Make-up classes must be taken within one month of the missed class. The make-up class must be a same-level class. Please contact the studio to schedule a makeup class.
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