In consideration of my participation in MK Dance LLC ("MK Dance") in-person and online programs, I expressly agree to the following:
1. I have read and will follow all MK Dance studio policies and additional Covid19 reopening procedures, as set forth on the web site www.mkdanceonhudson.com.
2. I understand that my participation in any MK Dance program, whether in-person or on-line, can involve risk and danger of physical stress, strain, and injury to me or my child and I fully assume responsibility for such risks. Moreover, I knowingly state that I am, and/or my child is, in good physical condition and capable to participate in any activities or online programs with MK Dance.
3. By the execution of this Program Waiver and Release, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my child as a participant in MK Dance programs, and I hereby fully and forever release and discharge MK Dance, its employees, officers, directors, associates, agents and contractors from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of participation in MK Dance programs.
4. In consideration of the foregoing, I promise and agree to forever hold harmless, release, acquit and discharge MK Dance, its Owners, Employees, Agents and Contractors, of and from any and all actions, causes of action, claims, demands, damages, costs, loss of service, expenses and compensation on account of, or in any way growing out of any and all personal injuries and property damage resulting from my participation in any activities or programs by me or my children, regardless of where such programs are located, herewith.
5. I also agree and understand that the protection of my personal property is my individual responsibility and that neither MK Dance nor MK Dance staff shall be liable for the loss, or theft of, or damage to any of my personal property.
6. I understand that MK Dance is not responsible for any problems or outages related to the internet including, but not limited to, the connectivity to MK Dance online classes, or any internet problem that results in a lack of communication regarding MK Dance programs, events or policies.
7. I give my consent to permit MK Dance staff to have appropriate physical contact with myself or my child on an as needed basis for correctional, dance instruction purposes. I will hold harmless any representative of MK Dance, its owners, employees, agents and contractors for appropriate physical contact with myself or my child on an as needed basis for correctional, dance instruction purposes.
8. I understand and agreed that there are NO refunds for MK Dance programs after first two (2) weeks of student's start date. I also understand and agree that if MK Dance issues a refund, the annual program registration fee will be deducted from the refund. The MK Dance program refund policy applies to all MK Dance programs and expressly applies in the event in –person classes are switched to virtual classes. Payments not received within two (2) weeks of student’s start date will incur a late fee as set forth on the semester fee schedule on web site www.mkdanceonhudson.com. Returned Check Fee: Incurred bank fees will be charged for returned checks.
9. I grant permission to MK Dance to take photographs and videos of myself or my child while participating in class and I permit MK Dance to use such photographs and videos by MK Dance for marketing purposes without compensation.
10. The terms and conditions of this Program Waiver and Release shall be governed in all respects by the substantive laws of the state of New York, without regard for conflict of law principles. With respect to personal jurisdiction, you hereby irrevocably submit to personal jurisdiction in any action brought in any court, federal or state having subject matter jurisdiction arising under this agreement located in Westchester County, New York and you hereby waive, to the fullest extent permitted by law, the defenses of lack of personal jurisdiction, inconvenient forum, and improper venue to the maintenance of any action. You also waive your right to a trial by jury.
By placing my signature below, I represent and take full responsibility for myself or my child, that I am over 18 years of age I hereby release and agree to hold MK Dance LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the dance studio, or that may otherwise arise in any way in connection with any services received from MK Dance LLC.
I HAVE READ THE FOREGOING PROGRAM, WAIVER AND RELEASE AND HAVE VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.