WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT In consideration for receiving permission to BE
ON PREMISES at ON POINTE DANCE ACADEMY (hereinafter the “Activity or Activities”), I, on behalf of
myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and
agree to the following: 1. I understand the hazards of the novel coronavirus (“COVID-19”) and am
familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I
acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to
day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full
responsibility for familiarizing myself with the most recent updates. 2. Notwithstanding the risks
associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in
Activities. 3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from
my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE,
AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the
capacity contract) KRISTIN SEABOLT, The Town of Dunn, On Pointe Dance Academy, On Pointe Dance
Company, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any
liability related to COVID-19 which might occur as a result my being on the premises and participating in
the Activities. 4. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all
claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without
limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and
whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to,
directly or indirectly, the infection of COVID-19 or any other illness or injury. 5. It is my express intent
that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be
deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES.
This Agreement and the provisions contained herein shall be construed, interpreted and controlled
according to the laws of the State of North Carolina. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE
ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I
ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT
THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES. IN
SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of
Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and
deed; no oral representations, statements, or inducements, apart from the foregoing written
agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute
this Agreement for full, adequate and complete consideration fully intending to be bound by same. IN
WITNESS WHEREOF, I have signed this Waiver and Agreement under seal on this

Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
For the avoidance of doubt, Force Majeure shall not include (1) financial distress nor the inability of either party to make a profit or avoid a financial loss, (2) changes in market prices or conditions, or (3) a party's financial inability to perform its obligations hereunder.
(a) If non-performance of a party is
i) due to an impediment which is beyond the reasonable control of that party and
ii) could not have reasonably foreseen by that party at the time of conclusion of the contract, and
iii) neither impediment nor it's consequences could have been avoided or overcome by the non-performing party ("Acts of God", "Force Majeure", "hohere
Gewalt"), and
iv) the non-performing party did not assume, explicitly or implicitly, the risk of the occurrence of the impediment

that party's (On Pointe Dance Academy's) non performance is excused.
(b) If non-performance is temporary, performance of the contract is suspended during that time and the party is not liable for damages to the other party. If the period of non-performance becomes unreasonable (90 days or more) and amounts to a fundamental non-performance, the other party may claim damages and terminate the contract.
(c) The party who fails to perform must give notice to the other party of the impediment and its effect on its ability to perform within 30 days. If such notice is not received by the other party within the given time limit after the party who fails to perform knew or ought to have known of the impediment, it is liable for the damages resulting from such non-receipt including but not limited to non refunded fees paid out by the studio.
(d) Where the oblige has been prevented by a Force Majeure event as defined in (a) above from causing a limitation period to cease to run, the limitation period is suspended so as not to expire before one year after the relevant impediment has ceased to exist.

I understand that I have chosen a payment option that is best for me and I will adhere to the policies of that option. All payments are due by the 1st of every month August thru June and are considered late and delinquent on the 10th. I am aware a $20 late fee will be added to all late accounts and my care on file will be debited for the appropriate funds if other arrangements have not been made. I understand the studio has the right to pull a student from classes until the account is current. The contract binds the parent/guardian for a full 10 months starting August and ending in June. If a student decides to withdraw at any time a 15 day written notice is expected along with three months tuition. The three months does not start until a notice is given. If this is not met within 15 day of withdraw legal action will be started. There is a $25 return service fee for all declined payment and returned checks.

I agree to allow On Pointe Dance Academy and its staff to use photos and/or videos of my child for marketing purposes. I understand that these images will be used for advertising purposes.

I acknowledge my understanding of the risks involved in dance and related activities and I agree to accept those risk and voluntarily allow my child to participate in this program. I agree myself and for my heirs, assigns and administrators to release, waive, and discharge any legal rights I may have to seek payment or relief of any kind from On Pointe Dance Academy. I agree that I am a parent, legal guardian, or am otherwise responsible for the child whose registration form I am submitting and that I release, waive, and discharge any rights I am assert on behalf of my child's participation in this program. I also agree not to sue On Pointe Dance Academy, it's employees or its agents and agree to indemnify On Pointe Dance Academy from all claims, damages, losses, or expenses, including attorney fees, if a suit is filed concerning an illness, injury, or death to me or to my child resulting from participation in On Pointe Dance Academy's program or any activity that the studio participates in. I acknowledge that I have read, understand, and agree to the On Pointe Dance Academy policies as well as consent and release agreement contained withing this registration.