Release and Waiver of Liability and Indemnity Agreement and Policies *
WARNING: BY SIGNING THIS AGREEMENT, YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TO RECOVER COMPENSATION FOR ANY ACCIDENT, INJURY, LOSS OR DEATH TO YOURSELF ARISING OUT OF YOUR PRESENCE AT ANY KC ELITE ACTIVITIES
I as the Parent or Legal Guardian of the Minor hereby acknowledge and agree to the following:
In consideration of participation in any and all KC Elite classes, activities, events, performances, rehearsals or practice sessions (collectively “Activitiesâ€), I hereby release, waive, and discharge KC Elite their affiliates, members, officers, directors, shareholders, employees, coaches, instructors, volunteers, agents, independent contractors, the landlord/owner of the buildings (collectively, the “Released Partiesâ€) from any and all liability, actions, causes of action, suits, debts, statutory obligations, sums of money, claims and demands of every nature and kind whatsoever, at law or in equity, which I/ or the Minor ever had, now have, or which I/ or the Minor may at any future time have against the Released Parties, or any one or some of them, arising out of or in any way connected with the Minor’s participation in any Activities, including claims that allege negligent acts or omissions of the Released Parties, or claims arising from any statute.
I agree to indemnify and/or totally compensate the Released Parties from and against all Claims arising as a result of the Minor participating in any activity at or on the premises of the Activities. I agree to pay for all legal fees that are incurred as a result of any Claims made by me or on my behalf, or on the Minor’s behalf or that are otherwise related to or caused by my or the Minor’s actions or inactions.
I understand that by signing this Agreement, I am giving up the right to sue or make any Claim against the Released Parties on my behalf or on behalf of the Minor, and that this Agreement shall be binding on the heirs, executors, administrators, assigns, and personal representatives of myself or the Minor.
If any portion of this Agreement is held invalid, I agree that the remainder of the Agreement shall remain in full legal force and effect.
I appreciate that this Agreement applies whether the Released Parties are at fault or not and it limits the liability of all of the Released Parties, notwithstanding that not all of the Released Parties are formal parties to this Agreement. I understand that KC Elite in securing execution of this Agreement by me, is acting as agent or trustee on behalf of or for the benefit of the Released Parties, who shall to this extent be or be deemed to be parties to this Agreement.
I am aware that participation in the Activities has possible risks, dangers and hazards, and accept same entirely at the Minor’s own risk. I understand that the risks associated with that use include, but are not limited to:
• injuries resulting in muscular or soft tissue injuries including sprains, strains, bruises, scrapes, cuts, etc.;
• injuries resulting from the failure to properly use equipment or follow instructions;
• risk of experiencing fatigue, dizziness, fainting, etc. as well as the potential risk of further injury as a result of the above;
• injuries that may result from transportation accidents to and from the Activities.
I acknowledge that the above list is not inclusive of all possible risks associated with the Activities and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with the Activities.
I agree that the Released Parties are not responsible in the event of loss, damage, unauthorized use, theft, or injury resulting from and to any personal property that the Minor brings to the Activities.
I agree that the Minor will read and ensure that the Minor understands the rules of KC Elite and that the Minor will abide by those rules, or others given during any Activities.
I have read and understood this Agreement and am executing this Agreement freely and voluntarily without any compulsion on the part of the Released Parties. I understand that this Agreement contains a promise not to sue the Released Parties and provides for a release and indemnity for all Claims.
In consideration of being permitted to participate in any way in any KC Elite programs, classes, workshops or events of any kind:
1. The participant understands that he or she is choosing to participate in KC Elite programs, classes, workshops or event of any kind AT WILL. The participant understands and agrees that, if at any time, he/she feel anything to be UNSAFE, he/she will immediately take all precautions to avoid the unsafe situation and REFUSE TO PARTICIPATE further.
The participant understands that under no circumstances, should he or she participate in KC Elite programs, classes, workshops or events of any kind if:(a) he/she has been medically advised against dance(b) he/she is under the influence of any substance including but not limited to alcohol and drugs.
2. The participant understands that participation is "at your own risk":(a) There are risks and dangers associated with participation in KC Elite events and activities which could result in bodily injury partial and/or total disability and/or in extreme cases 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.
Under no circumstances will KC Elite and all associated parties be liable to the participant for any loss or damages of any kind that are directly or indirectly related to the programs, classes, workshops or event of any kind, the materials in the programs, classes, workshops or event of any kind. In no event will KC Elite and all associated parties be liable to the participant or anyone else for loss, damage, injury or death.
3. The participant agrees to RELEASE, WAIVE, and DISCHARGE LIABILITY AND COVENANT NOT TO SUE KC Elite, its founders, owners, instructors and any other parties and facilities associated with KC Elite including 1. Trisha Black 2. Bronson Black 3. KC Elite Jr Coaches 4. KC Elite Coaches 5.The City of Sigourney 6.Bri Goldman 7.Any and ALL KC Elite Volunteers and Staff 8. TumblTrak used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the KC Elite event or program.
4. Class Makeup Policies are outlined below: (a) KC Elite is happy to offer a makeup option for our classes. (b) Students have the opportunity to make up missed classes when signed up for a full session package. (c) However, a class may only be made up within the current session in which the student is enrolled. (d) One makeup classes can be rolled over into the next session, however that make up needs to be in a class series that you are choosing to Drop In for. (e) The make up cannot be applied as a monetary credit to a new package. (f) KC Elite reserves the right to deny make up classes if there are discrepancies within the attendance log and the participants records. (g) KC Elite will schedule the make up classes.
5. Tuition and Payment Policies are outlined below:(a) Tuition is due the 1st or 15th of each month for the 35 week session. (b) Discounted family package prices apply only when monthly total is over $160 Or if a single athlete tuition is over $100 if at any time during the year classes are dropped discount may be voided. (c) No refunds can be issued once paid (d) All athletes are required to be on Auto Pay unless they pay full year tuition by deadline of each season.(e) If Auto Pay fails a $30 convivence & late fee will be applied to account. (f) There is a $25.00 fee per person per a class for Dropping classes after the first month. This can be waived with approval. (g) Late fee will be applied on the 15th of each month at $5 per month. (h) After 2 months of no payment made an additional 5% interest rate will be applied until payment is paid in full plus the monthly late fee each month. (I) After 4 months of no payments we reserve the right to take your account to small claims court for collections. (J) Failure to comply with the Tuition and Payment Policies will result in termination of your membership or denied admission to the Event, class, workshop, camps etc.
(k) Registration fee in non-refundable and is due each studio year. (l) In the event that a student withdraws from a class, this registration fee is forfeited. (m) There are no refunds for classes missed on the athletes part. (n) There are no pro-rated fees for missed classes or holidays. (o) There will be no refunds for classes missed due to illness or injuries. (p) Payments may not be reduced in order to accommodate family vacations. (q) The studio reserves the right to discontinue a dancer’s classes for non-payment of tuition.
6. Photography, Videography, Audio Recording Policies:(a) Photographs, Videos, and Audio Recordings may be taken during certain classes.(b) Photographs, Videos, and Audio Recordings are permitted as personal use and viewing only.(c) Sharing among active students enrolled in your specific class is permitted. (d) Sharing of Photographs, Videos, and Audio Recordings outside of the class enrollment is strictly prohibited. (e) Sharing of Photographs, Videos, and Audio Recordings on any kind of social media including but not limited to Facebook, Youtube, Blogs, and Twitter is strictly prohibited. (f) Permissions of use of any Photographs, Videos, and Audio recordings of KC Elite (g) KC Elite reserves the right to publish photographs of workshops, classes, socials and other events in which students may participate. By signing this waiver, you are providing permission to be photographed, unless otherwise noted.
