POLICIES AND WAIVER for Dance To EvOLvE, Inc., including Dance To EvOLvE San Diego, Dance To EvOLvE Chicago, and Dance To EvOLvE Cleveland.
(Participants and observers must follow all Dance To EvOLvE, Inc. and host location policies.)
Families are enrolled in auto-renewal for their class from semester-to-semester or month-to-month until you notify the office otherwise. (Cancellations cannot go through the teacher.)
10% DISCOUNT Semester Auto-Renewal Registration: Dancers registration continues semester to semester until family requests to switch to monthly enrollment or to cancel. Note that semester pricing will vary depending on semester length. Semester option only offered certain times during the year.
Monthly Auto-Renewal Registration: Dancers registration continues month to month until family requests to switch to semester enrollment or to cancel. Minimum enrollment is one month. Monthly charge is on the 28th (or closest business day).
Auto-renewal may or may not be applicable to after-school and daycare/preschool programs. Please see website for information on your location.
CANCELLATION OF CLASS
Cancellation of your auto-renewal registration in dance class must be submitted to the EvOLvE office via email prior to the 25th of the month (and cannot be accepted through the teacher). On the 28th (or closest business day) of each month the credit card on file will be automatically charged for the next month or semester. No refunds after the payment has been processed.
HOLIDAY AND OTHER CLOSURES/ CANCELED CLASSES
Announcements will be made prior to closures when possible and make-ups will be offered if possible. No refunds will be given. (Please check website or social media pages for weather cancellations.)
REGISTRATION/ ENROLLMENT/ ATTENDANCE
* There is a $20 registration fee with all new registrations for online registration through dancetoevolve.com
* Dancers' readiness and enrollment is at the discretion of the EvOLvE teacher after evaluating the dancer.
* Dancers who are late to class may not be allowed to participate to avoid class disruption.
* Dancers with excessive absences may not be allowed to participate in upcoming performances.
The proper dance attire is required in all classes. Please see Q&A page for more details. No jewelry. Dance To EvOLvE is not responsible for lost or stolen items.
Dance To EvOLvE reserves the right to provide a substitute teacher if the regularly scheduled teacher is unable to teach class or change the scheduled teacher if needed. If a substitute cannot be found, any missed classes can be made-up.
PHOTO AND VIDEO RELEASE
Dance To EvOLvE, Inc. is hereby granted permission to take or use any photographs and videos of the dancers for marketing purposes. Permission is also hereby granted to Dance To EvOLvE, Inc. to copyright in its name.
FITNESS AND RISKS TO PARTICIPATE
The named participant has no medical condition that would prevent or be exacerbated by his/her participation in this activity. The participant shall notify the instructor of any health condition that limits the participant's ability to participate prior to participation in addition to noting it on the registration form.
I understand that participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
AUTHORIZATION FOR EMERGENCY MEDICAL CARE
I hereby give my consent for medical care to be given in an emergency situation to the above named participant (or to myself) while participating in this activity, including during lessons, special events, field trips, etc.
I, the below signed, do hereby assume full responsibility for any and all damages, injuries, illness or losses that I or the participant may sustain or incur, if any, while participating in activities during, before, or after the Dance To EvOLvE, Inc. program. I hereby waive all claims against the owners, operators, instructors, or other students of Dance To EvOLvE, Inc. (including Dance To EvOLvE San Diego, Dance To EvOLvE Chicago, and Dance To EvOLvE Cleveland) or the host location for any claim for injuries that the above child or I may sustain.
CONSENT FOR ASSISTANCE IN PERSONAL CARE
I, the undersigned, being the legal parent or guardian of the minor child registered to participate at Dance to Evolve Inc. hereby acknowledge and agree to the following:
1. Assistance in Personal Care: I understand that there may be circumstances where my minor child may require assistance with personal care, including but not limited to assistance in the bathroom, while participating in activities at Dance to Evolve Inc. I hereby grant permission to the instructors, staff, volunteers, other parents, and/or other authorized representatives of Dance to Evolve Inc to provide such assistance as may be necessary or appropriate.
2. Scope of Assistance: The assistance provided may include, but is not limited to, helping my minor child with clothing adjustments, personal hygiene, or other related personal care tasks. All assistance shall be provided with the utmost respect for my minor child's dignity and privacy and in accordance with all applicable laws, regulations, and Dance to Evolve Inc's policies and procedures.
3. Acknowledgment of Policies: I acknowledge that I have been provided with, and have read and understood, Dance to Evolve Inc's policies and procedures related to personal care assistance, and I agree to comply with all such policies and procedures.
4. Release and Indemnification: I hereby release, indemnify, and hold harmless Dance to Evolve Inc, its instructors, staff, volunteers, and other authorized representatives from and against any and all claims, liabilities, damages, or expenses arising out of or in connection with the provision of personal care assistance to minor child except to the extent caused by the gross negligence or willful misconduct of Dance to Evolve Inc or its representatives.
5. Revocation: This consent may be revoked by me at any time by providing written notice to Dance to Evolve Inc, but such revocation shall not affect any actions taken in reliance on this consent prior to receipt of such notice.
IN WITNESS WHEREOF, I have executed this Consent for Assistance in Personal Care as of the date first below written.
DANCE TO EVOLVE INC
d/b/a DANCE TO EVOLVE
MINOR’S RELEASE AND WAIVER OF LIABILITY AGREEMENT
WHEREAS, DANCE TO EVOLVE INC, D/B/A DANCE TO EVOLVE (“Company”) is the owner and operator of an activity, kids dance classes (the “Activity”) and is willing to permit the minor individual (the “Child”) on whose behalf the parent/guardian/custodian is signing this Agreement to participate in the Activity, upon the terms and conditions of this Agreement. All of the Activity shall take place on property controlled by the Company. The location of the Activity shall be on property (the “Premises”) designated by Company with notice to the undersigned prior to participation. The Company and Participants signing this Agreement may be collectively referred to as (the “Parties”).
In consideration for being provided the ability to participate in the Activity and enter the Premises, I, and my minor child, signing below hereby stipulate and agree:
1. Scope and Continued Application. This Minor’s Release and Waiver of Liability Agreement applies to me, the parent or legal guardian signing on behalf of my Child, to my Child as a minor, and to my Child when they reach the age of majority or become an adult member of Company.
2. Use of Premises for Activity Only. I understand and agree that my Child may only use the Premises for the Activity set forth in this Release and Waiver of Liability agreement while in the care of the Company. I further agree that my Child is responsible for the proper use and care of the Premises and any of Company’s property thereon, and that I will be liable for the replacement cost of any Company property/equipment which is damaged, destroyed or lost by my Child. I agree without reservation that I must explain to my child the rules.
3. Acknowledgement of Danger. I understand and acknowledge that the Activity my Child wants to participate in may be strenuous. I recognize and understand these Services are not without varying degrees of risk, which may include, but are not limited to the following: (1) PHYSICAL INJURY AND/OR DEATH including minor injuries and major injuries such as joint and back injuries, broken bones, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, heart attack, stroke, and brain injury; (2) exposure to, and sickness from, infections viruses, bacteria and disease, including but not limited to, COVID-19; and (3) property damage. I understand that the Premises may contain toys or other items that other children have brought along with them, and I willingly accept the risk related to these objects being around and/or in contact with my Child. I further acknowledge that any injury my Child may sustain while participating in the Activity may be compounded by improper use or failure of equipment, a known or unknown medical condition, negligent or delayed medical service, or negligent or delayed assistance by the Company.
4. Acceptance of Responsibility. I willingly assume full responsibility for any and all risks that I am exposing my Child to as a result of my Child’s participation in any Activity in the Premises and accept full responsibility for any injury or death that may result from their participation.
5. Assumption of Risk. Understanding, acknowledging, and accepting all the risks and hazards involved with the Services, I freely and voluntarily choose to all my Child to participate, enter, and use the Premises, and I, FOR MYSELF AND ON BEHALF OF MY CHILD, HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO MY CHILD OR THEIR PROPERTY AS A RESULT OF OR INCIDENT TO MY CHILD’S PARTICIPATION IN THE SERVICES, INCLUDING THE RISK THEY MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE COMPANY, ITS OWNERS, AGENTS, OFFICERS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, VOLUNTEERS, OR ANY OTHER PERSON ASSOCIATED WITH COMPANY (“RELEASED PARTIES”), OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE SERVICES OR FROM OR USING OR VISITING THE PREMISES. I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Premises, and property we have brought to the Premises, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property. I also accept full and complete responsibility for the consequences of my Child taking unreasonable risks while participating in the Services or using the Premises, including, without limitation, attempting activities that my Child not qualified to perform safely, causing any other participants/spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the Premises and participating in the Services.
6. Physical Contact Acknowledgement. I understand that the Activity my Child will be participating in involves physical contact between my Child, other participants, and those presenting Company. I give permission for my Child to be touched in a professional manner by teachers representing the Company and recognize that they will have direct contact with my Child when doing so. I acknowledge that it is my responsibility to notify Company if I am uncomfortable with this physical contact with my Child and will work with Company to determine how my Child may continue to participate in the Activity with no contact.
7. Publicity Release. For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably grant to Company, the irrevocable, perpetual and unrestricted (except as expressly set forth below) right and permission, to use and publish my Child’s appearance (“publicity rights”) in any and all media now or hereafter known in connection with the Company, the Services, including any goods or products, or any related activities to any of the foregoing (all such medium in which the Publicity Rights are used shall be referred to as the “pictures”), for any commercial purpose whatsoever, without royalty, payment, or any other compensation whatsoever to me or my Child. For such use of the Publicity Rights and the Pictures, I understand and agree that I and my Child will not be entitled to any compensation or consideration beyond my Child’s participation in the Services. I further agree that the Company may edit, alter, digitize, synchronize, reproduce or otherwise change the Pictures for any such purpose. I acknowledge that I and my Child shall have no, and hereby expressly disclaim, any ownership, authorship or moral rights in the Pictures or any part thereof.
8. Audio/Visual Publicity Waive. I agree to indemnify and hold harmless the Released Parties, its agents, successors, and assigns, from any and all claims, demands, actions or causes of action, liabilities, costs, dues, sanctions, fees, penalties, or expenses of any sort arising from the making of such recordings of my Child and their lawful and appropriate use. I further acknowledge that the Company exclusively owns all rights to these recordings regardless of the form in which they are produced or used.
9. Copyrights. The rights granted to the Released Parties herein include, without limitation, all rights of every nature whatsoever in connection with use of the Pictures, including without limitation all copyrights (and any other intellectual property rights) therein and renewals and extensions thereof. I acknowledge and agree that all copyrights and right of every other kind relating or pertaining to the Pictures described above are the sole property of the Company and I and my Child have no claim to the copyrights (or any other intellectual property rights) in the Pictures.
10. Responsibility for Personal Property. I acknowledge and agree that my Child is fully and solely responsible for any of my Child’s property and personal belongings that he/she brings onto the Premises or that he/she uses during the Activity, and that the Company will not be responsible for or provide any security for his/her property and personal belongings.
11. No Representations by Company. I acknowledge that Company makes no representation as to the condition of the Premises or the safety of the Activity. I accept, and my Child shall use, the Premises, and its equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this agreement or the Premises or Activity, except to the extent such representations are expressly set forth in this agreement.
12. Consent to Medical Treatment. I understand that the Services that take place on the Premises may not be supervised and that the Company does not provide medical services. I understand that certain prescribed medications may exacerbate these physiological changes and create an even greater risk of physical damage or death to my Child. In connection with any injury that my Child may sustain or illness or other medical conditions that my Child may experience during their presence at the Company, I authorize and consent for my Child to receive any emergency first aid, medication, medical and/or surgical treatment deemed necessary by the attending personnel and/or the Released Parties. I acknowledge that the Released Parties are under no obligation to provide such medical treatment or services, and the Released Parties do not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can the Released Parties be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services. I further authorize the Released Parties to execute on my behalf and my Child’s behalf any permission forms, consents or other appropriate documents relating to medical attention and to act on my behalf if not able or immediately available to do so and the same is urgent as determined in their sole discretion. I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/OR TREATMENT MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCE WHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE INJURIES SUSTAINED BY MY CHILD, WHICH INJURIES MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL AND WAIVE ANY CLAIM IN RESPECT THEREOF. I expressly acknowledge that if the Company is located some distance from medical facilities, that such distance may exacerbate any injury or condition sustained by my Child. I shall be responsible for all costs associated with such medical care and related transportation.
13. Release from Liability and Waiver. In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily allowing my Child to participate in the Services, I HEREBY WAIVE RELEASE AND FOREVER DISCHARGE ON MY BEHALF AND MY CHILD’S BEHALF ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE SERVICES AND/OR USE OF THE PREMISES OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.
(For California Residence)
(a) I expressly waive the provisions and protections of Section 1542 of the California Civil Code and any similar law of any jurisdiction. I understand that Section 1542 proves as follows:
(b) 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.
(c) I expressly acknowledge and understand the significance, effects and consequences of a waiver of Section 1542 and hereby assume full responsibility for such waiver.
14. Indemnification: I SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY CHILD’S PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION, MY OR MY CHILD’S BREACH OF THIS AGREEMENT OR PREMISES RULES AND POLICIES, ANY INDIVIDUAL WE INVITE TO THE PREMISES, OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE SERVICES.
15. Covenant Not to Sue. I agree, for myself, my Child, and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I, my Child, or my heirs may have as a result of any personal injury, death or property damage my Child may sustain while on or using the Premises or while participating in the Activity.
16. Waiver of Terms. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
17. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
18. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State where the Activity takes place, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in the state or federal court located in San Diego County, California; Cooke County, Illinois; or Cuyahoga County, Ohio determined by the State where the Activity takes place.
19. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
20. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
21. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
22. Parental Consent: I, the undersigned parent or legal guardian of the minor child, have read the above and understood the foregoing assumption of risk, and release of liability, and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.
I, THE PARENT/GUARDIAN/CUSTODIAN, OF THE MINOR CHILD HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE AND MY CHILD’S, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.