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WAIVER & POLICIES
A. AUTHORIZED SIGNER: I represent that I am (i) a parent or legal guardian (“Parent” for this agreement) of a minor or adult child (“Student”), (ii) age 18 or older at the time of signing this agreement and am registering myself (“Adult Child”, or (iii) an authorized agent of an Adult Child or Parent. If I am an Adult Child, I agree that I am both a Parent and Student for the purposes of this agreement and that “Student” refers to me and my parent(s). I agree that parental obligations in this agreement apply to and bind both me and my parent(s). If I sign this agreement on behalf of a Parent (either as an Adult Child or as an agent, such as a driver, babysitter, chaperone, or other caretaker), I represent and warrant that (i) the Parent authorized me to act on his or her behalf and to bind Parent to this agreement, (ii) Jibe Studios may rely on my representations and warranties below regarding Parent, and (iii) I agree to be personally liable and indemnify and hold Jibe Studios harmless against any misrepresentation.
B. Schedule Changes: Jibe Studios reserves the right to cancel a program at any time due to low enrollment. A minimum of five Students is required to hold a class. If a class is canceled, you will be transferred into a different class or charged the drop-in fee rate for the classes held and be given a credit for the remaining amount. Class days/times as well as instructors are subject to change.
C. Holidays, Vacations and Cancellations: See studio calendar for date specifics. You are responsible for reading and understanding all dates reflected on the calendar.
D. Make-ups: There are no make-ups for missed classes. Our session prices are adjusted to accommodate missing two classes per session.
E. Photo/Video Release: I authorize Jibe Studios to allow Student’s photo to appear in promotional and educational material without identification. I understand that Jibe Studios uses social media outlets (such as Facebook and Instagram) that allow for comments and “tagging” by users. I hold Jibe Studios harmless for any user comments or user “tagging” identifying Student and understand this may occur. I also understand that, upon written request by me, Jibe Studios will remove any comments or tagging identifying Student. I grant full permission for Jibe Studios and its affiliates to use the name, voice and/or picture/video of all of my family members, including but not limited to, myself and my children, in any media or other account of this event for any purpose. I further grant permission for Jibe Studios to solicit feedback on the program from my child.
F. Personal Property: Jibe Studios is not responsible for lost or stolen items, including dance shoes. Items left in the lost and found will be donated at the end of each month without reminder or notice.
G. Drop Off/Pick Up: Jibe Studios is not responsible for Student before, after or in between scheduled classes.
H. Annual Recitals: I understand that show participation is mandatory in the Spring and Fall sessions at Jibe Studios. I understand that I will be charged a non-refundable costume fee and that fee will not be refunded regardless of participation. I acknowledge that all costumes not picked up by the date of the show are forfeited to Jibe Studios with no refund or credit.
I. Risk of Injury: By signing this agreement, Student and Parent recognize and acknowledge that performance art can be dangerous and involves certain risks including, but not limited to (a) loss of, or damage to, personal property; and (b) bodily injury, such as sprains or strains, impact injuries, and blisters. As a voluntary participant, Student understands and accepts all of these and other risks associated with participation at Jibe Studios during onsite activities, offsite activities, online/virtual participation and transportation, no matter how remote or unlikely.
J. Physical Condition: Student (or Parent) represents and warrants to Jibe Studios that Student has no physical or psychological problems that would prohibit Student from participating in the activities at Jibe Studios. Student or Parent has consulted a personal physician or has taken whatever steps deemed necessary to determine that Student’s status is of good health with no conditions that might limit participation. Student or Parent understands that no medical benefits or services will be provided during these performance art activities, and that Student and/or Student’s insurance shall be solely liable to pay for any medical expenses incurred on Student’s behalf.
K. Online Classes: Jibe Studios may, in its sole discretion, teach class through electronic means. In such instances, Jibe Studios will capture its classes on video, audio and/or still images for broadcast to Students across the internet. By participating in such online classes, Student and/or Parent grants Jibe Studios permission to use some or all of Student’s name, profile information, visual likeness, voice recording, graphics, photographs or other artwork and any other information (“Materials”) Student and/or Parent provides to Jibe Studios or its employees or agents (such as instructors) in one or more of its content, products and advertising, in any form or format now known or hereafter created, and distributed or made available throughout the world in perpetuity, without notice, compensation to or further approval from Student and/or Parent. If Student and/or Parents does not want the Materials to be captured, published or broadcast for such uses, then Student and/or Parent must choose not to participate in an online class with Jibe Studios. Student and/or Parent understands and agrees that Jibe Studios shall be the exclusive owner of its products, content and advertising, including those containing the Materials, and that Student and/or Parent is not entitled to any remuneration for such use.
L. Waiver: I realize that while Jibe Studios endeavors to take reasonable and appropriate safety precautions, participation in supervised lessons and rehearsals involve some risk of injury. I hereby release and hold harmless Jibe Studios and all of its principals, agents, contractors, and employees of and from any actions, claims, and damages of any kind, either in contract or tort or otherwise, on account of injuries of any type or nature incurred in connection with or arising out of my child’s or my own participation in this program including, but not limited to, onsite activities, offsite activities, online/virtual participation and transportation. In case of emergency, my child may be treated by a qualified physician. I understand that Jibe Studios does not assume responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment.
M. Release of Claims: In consideration for Participant’s participation in this activity, and with the intent to be legally bound, Participant (or Parent/Guardian), on behalf of Participant, and Participant’s heirs executors, administrators, and assigns does hereby forever release, waive, and relinquish all claims Participant may have as a direct or indirect result of Participant’s participation in this activity and any and all activities relating to the services provided by Service Providers. Participant (and/or Parent/Guardian) hereby irrevocably releases all of the Service Providers, their employees, agents, representatives, elected officials, contractors, subcontractors, successors, heirs, assigns, lessors, affiliates, volunteers and legal representatives from, and hold them harmless for, all claims, rights, demands or causes of action whether known or unknown, suspected or unsuspected, arising out of the ballooning activities or any services provided by Service Providers, which Participant or Participant’s successors, heirs, or assigns may have against the Service Providers in connection with ballooning activities with the Service Providers, and Participant agrees to make no claims against or sue any of the Service Providers for injuries, death, or property damage that is caused due to the ordinary negligence of the Service Providers or any dangerous conditions of any property upon which the activities may take place.
N. Limitation of Liability: The parties to this agreement acknowledge and agree that Jibe Studios and none of its employees, Jennifer Hill, Abby Neves, or any of its agents are personally liable for any litigation or disputes arising hereunder, whether direct or indirect, and of any nature whatsoever. Any liability of Jibe Studios, Jennifer Hill, Abby Neves or its agents alleged by Student or Parent shall be limited to three (3) months’ of Student’s payments to Jibe Studios for the dance type registered by Parent/Student during the period triggering liability (“Liability Period”). If Student registered for multiple dance types during the Liability Period, then Jibe Studios’ liability shall be limited to three (3) months’ of payments for only one dance type, whatever is the lowest. Student and Parent agree to look only to Jibe Studios’/Jennifer Hill’s/Abby Neves’/agent’s role under this agreement and not to Jibe Studios/Jennifer Hill/Abby Neves/agent personally, and no other property or assets of Jibe Studios or Jennifer Hill or Abby Neves or agent shall be subject to levy, execution or other enforcement procedure for the satisfaction of Student’s/Parent’s claims under or with respect to this agreement.
O. Severability: Student expressly agrees that this agreement is governed by the State of California and is intended to be as broad and inclusive as permitted by California law, and that in the event any portion of this agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
P. Attorney’s Fees: Student acknowledges that this agreement is a contract and agrees that in the event of a dispute, claim, action, proceeding, pre-litigation matters, or lawsuit arising from or in connection with the execution, non-performance, or breach of any obligation of this agreement, Student shall pay all attorney’s fees and costs, including, without limitation, expert witness fees and costs, incurred by Jibe Studios.
Q. ENTIRE AGREEMENT: This agreement and the PAAM Dance Company Agreement for Parents and Students is the entire agreement between the parties with respect to the subject matter hereof, and supersede all statements, negotiations, agreements and understandings not herein included or reference. This agreement may only be amended by a written document signed by all parties.
R. Finance fees: All returned checks or credit card chargebacks will be charged a $25 fee. All outstanding balances are subject to a finance charge.
A. Jibe Studios Refund Policy: All costume fees are non-refundable regardless of participation. $35 per session of each class tuition is non-refundable and non-transferrable. A tuition refund will be issued (less the non-refundable portion) ONLY for classes/camps/events dropped at least 24 hours prior to the first class meeting. After the initial class meeting, no refunds or credits are given for any reason. No refunds or credits, in partial or in full, are given for late sign ups, early departures, or time off due to outside activities, illness or injury. Classes may be added at any point prior to the close of registration. Changes to your class schedule after enrollment and before registration closes may be made; however, must be completed by Jibe Studios administrative staff.
B. Conditions Beyond Control of Jibe Studios: Jibe Studios will not provide refunds or credits for any classes, lessons, workshops, programs, or performances that are cancelled, interrupted or interfered with as a result of any quarantine; pandemic; fire; storm; flood; earthquake; explosion; acts of War or Terrorism; rebellion; laws, regulations, requirements, rulings or orders of any governmental agency or authority; or acts of God.
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