This AGREEMENT is made and effective as of date executed by and between HOOLEY SCHOOL OF IRISH DANCE located at 1 S State Street, Leola, PA and Yocum Facility of the Arts 3000 Penn Ave, West Lawn, PA (“STUDIO”), and the adult or guardian (“ADULT”), executing this AGREEMENT personally on behalf of himself/herself and any minor child/children specified herein collectively (“PARTICIPANTS”). HOOLEY and PARTICIPANTS may be referred to collectively as the “PARTIES.”
1. WAIVER AND RELEASE OF LIABILITY. PARTICIPANTS, on behalf of themselves, their parents, spouses, children/wards, representatives, successors, attorneys, insurers, and all other persons, firms, partnerships or corporations connected therewith (“RELEASING PARTIES”), forever, finally, fully, permanently and unconditionally waive, release, acquit, discharge, covenant not to sue, indemnify, covenant to hold harmless, and defend HOOLEY and its present and former employees, owners, members, principals, directors, affiliates, representatives, predecessors, successors, partners, parents, officers, attorneys, insurers, suppliers, clients, customers, PARTICIPANTS, and all other persons, firms, partnerships or corporations connected therewith (“RELEASED PARTIES”), to the fullest extent permitted by law, from any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of RELEASED PARTIES or otherwise, that arise out of or relate in any way to PARTICIPANTS’ use of the equipment and facilities at the STUDIO, participation in the activities at the STUDIO, and any claims for costs, expenses and attorneys’ fees associated therewith.
2. ASSUMPTION OF RISK. Participation in the activities and use of the equipment at the STUDIO is purely voluntary and constitutes physical activities that may result in serious injury and/or property damage to PARTICIPANTS and/or third parties. HOOLEY implements safety measures; however, all safety risks cannot be eliminated. RELEASING PARTIES hereby assume the risk of personal injury or death, damage to property, and injury to third parties that arise out of or relate in any way to PARTICIPANTS’ past, present or future use of the equipment, any of the other facilities at the STUDIO and participation in the activities at the STUDIO. Additionally, dancers who join class ONLINE are responsible for their own safety and assume the risk of dancing at their own location.
3. POLICIES / PROCEDURES. RELEASING PARTIES acknowledge that they have been provided with a copy of HOOLEY’s current policies and procedures for participation of PARTICIPANT at the STUDIO and that HOOLEY’s policies and procedures may change without notice at any time. Should any policy and/or procedure change, HOOLEY will provide ADULT with a copy of the updated policies and procedures within a reasonable time after the new policy and/or procedure has been implemented by HOOLEY. RELEASING PARTIES understand and acknowledge that compliance with HOOLEY’s policies and procedures is a condition precedent for PARTICIPANT’s enrollment, participation in the activities, use of the equipment and any of the other facilities at the STUDIO.
4. PHOTOGRAPH RELEASE. I grant RELEASED PARTIES the right to take and use photographs of PARTICIPANTS with or without his/her name and for any lawful purpose, including but not limited to publicity, illustration, advertising, and website content so long as such photographs is used in connection with HOOLEY. If I do not wish to grant this permission to Hooley School, I understand that at the time of registration I will need to separately submit a Public Photos Opt-Out, and in doing so Hooley School will not publish any individual photos of my child. The Public Photos Opt-Out does not prevent my child from appearing in group photos from class or of public performances that my child chooses to participate in, which can still be shared online.
5. COVID-19 RELEASE. As with the transmission of any communicable disease like a cold or the flu, you may be exposed to COVID-19, also known as the “Coronavirus”, at any time or in any place. Be assured that HOOLEY has followed state and federal regulations to limit transmission of all diseases and will continue to do so. Despite our careful attention to sterilization, disinfection, and use of personal barriers, there is still a chance that you could be exposed to an illness in the STUDIO. Social distancing has reduced the transmission of Coronavirus. Although we have taken several measures to provide social distancing and contactless participation, please know that participation at HOOLEY instructional classes is at your own risk.
I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin HEREBY RELEASE AND HOLD HARMLESS HOOLEY their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
5. INTEGRATION AND SEVERABILITY. This is executed without reliance upon any representation by said PARTIES other than that contained in this AGREEMENT. If any provision or portion of this AGREEMENT is held to be illegal or invalid, the remainder of this AGREEMENT shall continue to be valid and enforceable.
6. BINDING NATURE OF AGREEMENT. The provisions contained in this AGREEMENT shall inure to the benefit of, and be binding upon, the PARTIES hereto and their respective successors and assigns.
7. AGREEMENT. ADULT acknowledges that he/she has read and understands each and every provision of this AGREEMENT, and by placing his/her signature at the end of this AGREEMENT, represents that he/she has voluntarily assumed the obligations contained herein and intentionally waived all the rights stated herein, of his/her own free will. ADULT further certifies that he/she is a parent/guardian with legal responsibility for any minor child/children and desires that PARTICIPANTS participate in the activities and use the equipment available at the STUDIO.
CODE OF CONDUCT: Students and parents will dress and conduct themselves in an appropriate manner while at Hooley Irish Dance. We will teach each student to work hard and seek to encourage each other. Kindness and inclusion are highly valued. Proper respect for the staff and fellow students is expected of all students, parents, and siblings. Every student and parent/guardian should behave in a disciplined, responsible manner both on and off site. Hooley Irish Dance reserves the right to suspend or dismiss any student or parent/guardian whose attitude, attendance, or conduct is found to be unsatisfactory. Any student or parent/guardian who disrupts class or approaches a teacher, staff member, another student or parent/guardian with the intent to disrupt, cause dissent, or contravene the policies and procedures of Hooley Irish Dance will be dismissed immediately.
BULLYING: I agree to abide by the Hooley School and CLRG code of ethics, dress code, and general policies, including the CLRG Anti-Bullying Policy which has been adopted by our dancing school:
1. Bullying and unkindness, whether physical or emotional, are entirely unacceptable at Hooley School. It conflicts sharply with the school’s principles and I will always treat it seriously.
2. Bullying is a behavior by an individual or group, repeated over time, that intentionally hurts another individual or group, either physically or emotionally.
3. Bullying can take many forms (including cyber-bullying via text messages or internet).
4. If you feel that you are being bullied, or are concerned about bullying, please contact the director Crystal Carper immediately.
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