Performing Arts Academy of Marin Release,
Waiver of Liability and Indemnity Agreement
INITIAL & SIGN BELOW. REGISTRATION WILL NOT BE PROCESSED UNTIL FORM IS COMPLETE.
I. AUTHORIZED SIGNER: I represent that I am (i) a parent, legal guardian or authorized agent (“Parent” for this agreement) of a minor or adult child (“Student”), (ii) age 18 or older at the time of signing this agreement and am registering myself (“Adult Child”), or (iii) an authorized agent of an Adult Child or Parent. If I am an Adult Child, I agree that I am both a Parent and Student for the purposes of this agreement and that “Student” refers to me and my parent(s). I agree that parental obligations in this agreement apply to and bind both me and my parent(s). If I sign this agreement on behalf of a Parent (either as an Adult Child or as an agent, such as a driver, babysitter, chaperone, or other caretaker), I represent and warrant that (i) the Parent authorized me to act on his or her behalf and to bind Parent to this agreement, (ii) PAAM may rely on my representations and warranties below regarding Parent, and (iii) I agree to be personally liable and indemnify and hold PAAM harmless against any misrepresentation.
II. MEDICAL RELEASE: I hereby give my permission to The Performing Arts Academy of Marin (“PAAM” for this agreement), its owners, operators, officers, directors, agents, supervisors, instructors, teachers, administrators, and agents to seek and give appropriate medical attention to Student in the event of accident, injury, and/or illness. In case of an emergency, my child may be treated by a qualified physician. I understand that PAAM does not assume responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment. Student or Parent understands that no medical benefits or services will be provided during any PAAM programs, and that Student and/or Student’s insurance shall be solely liable to pay for any medical expenses incurred on Student’s behalf.
III. PHYSICAL CONDITION: I, the Student, Parent or Authorized Agent represent and warrant to PAAM that Student has no physical or psychological problems that would prohibit Student from participating in the activities at PAAM. Parent has consulted a personal physician or has taken whatever steps deemed necessary to determine that Student’s status is of good health with no conditions that might limit participation in activities offered by PAAM including but not limited to: dance, acro, gymnastics, tumbling, performing arts, acting, singing, fitness, yoga and pilates.
IV. RISK OF INJURY: I, the Student, Parent or Authorized Agent recognize and acknowledge that activities offered by PAAM (including but not limited to: dance, acro, gymnastics, tumbling, performing arts, acting, singing, fitness, yoga and pilates), whether in-person, outdoors or via online webcast, are strenuous exercise and vigorous physical activities and that such activities have an inherent risk of physical injury. That physical is dangerous and involves certain risks including, but not limited to (a) loss of, or damage to, personal property; and (b) bodily injury, such as sprains or strains, impact injuries, and blisters or fatality. As a voluntary participant, Student understands and accepts all of these and other risks associated with participation at PAAM, no matter how remote or unlikely. Additionally, with the use of outdoor activities. I recognize and acknowledge that there is inherent risk of injury with regard to the proximity of street traffic, passers by, parking lot activities and exposure to environmental elements.
V. COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. As a result, federal, state, and local governments and federal and state health agencies recommend/mandate social distancing at all times, high volume sanitization practices and face coverings for certain age groups. PAAM has put in place preventative measures to reduce the spread of COVID-19 should the state or city require these again; however, PAAM cannot guarantee that you or your child(ren) will not become infected with COVID-19 should it, or any other virus disrupt the world in a world pandemic. Further, attending PAAM could increase your risk and your child(ren)’s risk of contracting COVID-19. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending extra curricular activities such as PAAM and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at PAAM may result from the actions, omissions, or negligence of myself and others, including, but not limited to, PAAM staff, program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at PAAM or participation in PAAM classes. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless PAAM, its employees, staff, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of PAAM, its employees, staff, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any PAAM program, class or event.
VI. ONLINE CLASSES: PAAM may, in its sole discretion, teach class through electronic means. In such instances, PAAM will capture its classes on video, audio and/or still images for broadcast to Students across the internet. By participating in such online classes, Student and/or Parent grants PAAM permission to use some or all of Student’s name, profile information, visual likeness, voice recording, graphics, photographs or other artwork and any other information (“Materials”) Student and/or Parent provides to PAAM or its employees or agents (such as instructors) in one or more of its content, products and advertising, in any form or format now known or hereafter created, and distributed or made available throughout the world in perpetuity, without notice, compensation to or further approval from Student and/or Parent. If Student and/or Parents does not want the Materials to be captured, published or broadcast for such uses, then Student and/or Parent must choose not to participate in an online class with PAAM. Student and/or Parent understands and agrees that PAAM shall be the exclusive owner of its products, content and advertising, including those containing the Materials, and that Student and/or Parent is not entitled to any remuneration for such use.
VII. OUTDOOR CLASSES, ENTERING, EXITING AND USE OF ADDITIONAL VENUES
During the pandemic, PAAM arranged for students to be dropped off directly from their cars, as well as participate in Activities offered outdoors in the PAAM parking lot, patio and additional venues. I understand and assume the risk involved in outdoor venues with direct or indirect access to street and/or parking lot traffic should this be used again. Outdoor activities have an increased risk of heat exhaustion, heat stroke, and other heat related illnesses. It is Participant’s and/or Participant’s parent/guardian’s responsibility to ensure the Participant is properly hydrated, and taking precautions from exposure to the sun, heat, cold, wind, and other environmental factors. I understand that the impact on Student’s body, bones, joints, and other structures will be greater than said impact when utilizing the indoor studio floors, and therefore presents an increased chance of injury to Student.
VIII. FINANCIAL POLICIES:
All production fees, materials fees, costume purchases or rentals, professional video/image access fees, company dues, and all reimbursements plus tuition are non-refundable and non-transferrable, regardless of participation or events.
All tuition is non-refundable and non-transferrable. Additionally, no credits will be issued for any reason, regardless of participation. No refunds or credits, in partial or in full, are given for late sign ups, early departures, or time off due to outside activities, illness or injury.
All credit card payments are subject to a 3.75% non-refundable credit card processing fee.
All ACH payments are subject to a 2% non-refundable bank processing fee.
Accounts on installment plans must be paid in full by the end of the March regardless of participation, illness, injury or early departure. If a student requests to drop, their account will be charged the entire remaining tuition balance immediately.
One party shall be responsible for the finances on your account. PAAM will not charge multiple members accounts or credit cards . No split payments between parties will be made. All student charges and transactions must be made by the sole guardian or parent on their account. This needs to be worked out without PAAM’s involvement.
If you have an ACH on file and it declines, you will be charged a $40 NSF fee and your ACH will be removed from your account. Following the decline all payments must be paid via credit card or debit card and will be subject to all processing fees.
Classes may be added at any point if classes are not at capacity and are the appropriate age and level for the student.
PAAM will assess a $40.00 fee for any denied, returned or NSF payments.
Installments not collected within three days of the due date will be subject to a $40 late fee, per week the installment payment is past due. You MUST update your online account if your credit card or bank account information has changed or expires in order to avoid a $40 late fee. Any account that is more than 2 months past due, will automatically be sent to collections by our accounting department.
Changes to your class schedule after enrollment and before registration closes may be made; however, must be completed by PAAM administrative staff at a flat rate of $40 per change request.
All transaction information and payments can be found in your parent portal. Clients requesting additional information and work for reports, breakdowns, etc may request documentation for a $40 paperwork processing fee.
Added classes for company members must be paid in full when registering. Payment plans are not available for added recreational classes to BAYPAC, Squad, or non-BAYPAC students.
IX. CONDITIONS BEYOND CONTROL OF PAAM: PAAM will not provide refunds or credits for any classes, lessons, workshops, musicals, programs, or performances that are canceled, interrupted or interfered with as a result of any quarantine; pandemic; fire; storm; flood; earthquake; explosion; acts of War or Terrorism; rebellion; laws, regulations, requirements, rulings or orders of any governmental agency or authority; or acts of God.
X. PROGRAM ENROLLMENT POLICIES:
Students must meet the minimum age requirement (as of September 1st of the calendar year) as well as any requirements specific to the program unless prior permission has been granted from PAAM.
PAAM offers complimentary 10-15 minute placement evaluations for Students new to the studio or wishing to expand into new classes or styles.
Low Enrollment: PAAM reserves the right to cancel a program at any time due to low enrollment. A minimum of five Students is required to hold a class.
XI. ADDITIONAL POLICIES:
Attendance: If you are going to be absent, please call or email the studio and let us know as soon as you can. The studio reserves the right to (i) remove Student(s) from a performance due to low attendance or frequent tardiness, or (ii) require private lessons at an additional expense.
Holidays, Vacations and Cancellations: See studio calendar for date specifics. You are responsible for reading and understanding all dates reflected on the calendar, as well as attending any mandatory rehearsals outlined.
Observation: For your child’s safety, only students of PAAM and PAAM faculty, staff and contractors are allowed inside our studio.
Drop Off/Pick Up: PAAM is not responsible for students before, after or in between scheduled classes. Drop off and pick up is precisely 5 mins before and after your child’s scheduled class time. Late pick ups more than ten (10) minutes after class will receive a $15 late pick up fee.
Personal Property: PAAM is not responsible for lost or stolen items. Items left in the lost and found will be donated at the end of each quarter without reminder or notice.
Annual Showcase (if applicable): I understand that the showcase dress rehearsal is mandatory and may not be missed for any reason. Schedule TBA (likely one rehearsal per showcase). I understand that if Student misses a scheduled rehearsal, he/she/they will not be allowed to perform in the showcase. Recital fees must be paid in full for participation in the showcase.
Summer / Aftercare: Campers not picked up within 5 minutes of their camp's ending time will be automatically enrolled in the After Camp Club and be charged the $36 tuition for the day. Campers not picked up from After Camp Club by 5pm will be charged $1 for each minute they remain under our supervision past 5pm..
Receipts / Invoices: All clients have access to invoices, payments and receipts via their online parent portal. If they require additional documentation for any reason they will be subject to an administrative fee of $40 for document preparation.
XII. CASTING & PROGRESS: Casting decisions are final. Issues regarding casting are handled strictly via email. Questions regarding Student progress should be handled via email. Phone or in-person meetings with faculty are considered personal consultations and will be charged a minimum of $75 per hour and are subject to availability. If progress meetings are requested or required by a faculty member, the consultation fee is waived.
XIII. MUSICAL & PERFORMANCE PROGRAMS: Conflicts must be communicated at enrollment and/or auditions. No new conflicts are accepted after enrollment/auditions. All Students may not be required at all rehearsals. PAAM reserves the right to dismiss any Student who is frequently late to or absent from rehearsals or any Student who misses mandatory rehearsals. I agree that failure to comply with the Participation Policy results in my account being placed On Hold. Participation Policies use the following definitions:
1. LATENESS: arriving more than 15 minutes late or leaving more than 15 minutes early.
2. ABSENCE: missing rehearsals not indicated on your conflict sheet. 2 “lates” = 1 absence. Absences due to illness: when accompanied by a doctor’s note, may be accepted, at the discretion of PAAM. Private lessons may be required at an additional cost.
XIV. PRIVATE LESSONS:
Payment Information:
Price Per Student: 60 Minute Rate $118.00, 30 Minute Rate $59.00 (Inquire for Small Group Rates and with Teachers outside of PAAM Full-Time Faculty)
Payment for lessons: Payment is due prior to the first scheduled lesson. Payments can be made via ACH, or Visa/Mastercard. No refunds are given for any reason once lessons are scheduled and confirmed.
All lessons are non-refundable and non-transferable.
Lesson Cancellation:
To cancel a scheduled lesson, you must give notice at least 48 hours in advance. If the lesson is canceled and/or needs to be rescheduled, a 40% credit will be granted for a future private lesson with the same instructor. Make–up lessons are scheduled at the discretion of the instructor.
Once a lesson is scheduled and confirmed it is the responsibility of the client to know their schedule.
There are no make-up lessons given for lessons canceled less than 48 hours of the scheduled time for any reason.
If the teacher is unable to give a scheduled lesson, a make-up lesson will be scheduled at no additional cost to the client.
Tardiness:
Lessons will start at their scheduled time. If a student is tardy, the time will not be made up.
Tardiness in excess of 10 minutes will result in a canceled lesson. The lesson fees will not be refunded and there will be no make-up lesson scheduled.
XV. ON HOLD ACCOUNTS: PAAM reserves the right to place an account On Hold when Student, Parent, any family member or agent, or any child associated with this account, breaches this agreement, including violations to PAAM’s Anti-Bullying Policy, interference with PAAM’s creative learning environment, damages to PAAM property, failure to pay an outstanding balance, or for any other reason determined in PAAM’s sole discretion. Student, Parent, or agent agrees that while this account is On Hold, (i) any child associated with this account may be dismissed from current activities, without refund and (ii) Student or Parent will not be able to register any child associated with this account for future activities, either through this account or another account and (iii) any installment plans must be paid IN FULL upon notification of account being placed On Hold. If the sole reason an account is On Hold is because of outstanding balances, payment in full removes an account from being On Hold. If an account is On Hold for any other reason, removing an account from being On Hold is at the sole discretion of PAAM. If Student or Parent registers a child in violation of this account being On Hold, PAAM may undo the registration. The Student, Parent, or agent agrees Student, Parent, or agent will lose any processing fees if registration is undone due to an ON HOLD account.
XVI. CREATIVE LEARNING ENVIRONMENT: PAAM is committed to providing a creative learning environment. As such, PAAM does not tolerate any of the following and any Student, or his/her Parent, family friend, or agent, engaging in any of the following, as determined in the sole discretion of PAAM, will result in Student’s dismissal from the current program, without refund, and the account will be put On Hold: (i) physical aggression towards any other person; (ii) refusal to participate; (iii) inability to pay attention or focus; (iv) lack of preparation; (v) disruptive behavior; (vi) verbally abusive or threatening behavior (physical or emotional) towards any other person; (vii) inability to stay in rehearsal room or performance venue without Parent or agent; (viii) causes harm, or threatens to cause harm, to self, others or property of PAAM or another; (ix) intentionally exposes a sick or contagious Student or self to others; (x) throws objects; (xi) takes or hides other’s belongings; (xii) violence; (xiii) vandalism; (xiv) sexual misconduct; or (xv) any other action or inaction that violates the policies and behavior as contemplated by and outlined in this agreement determined in the sole discretion of PAAM. Furthermore, the possession, use and/or sale of cigarettes, alcohol, cannabis, or illegal drugs at the studio, PAAM events, performance and/or competition venues will result in immediate dismissal without refund.
XVII. ANTI-BULLYING POLICY: PAAM recognizes the harmful effects of bullying. As such, PAAM does not tolerate bullying of any kind, by either a Student or a Student’s Parent, family members, friends, or agent, especially bullying directed towards another member of the PAAM community, be it threatening, physically intimidating or saying or writing or sending hateful or mean-spirited words anywhere, at any time, associated with a PAAM event or performance, either in person or online, or by any other way of communication - including social media - be it writing or otherwise, made directly or indirectly to another Student. Student dismissal for breaking this code of conduct is at the sole discretion of PAAM.
XVIII. PROPERTY DAMAGE: I agree that I am responsible, and agree to timely reimburse PAAM, for any damage to any PAAM property caused by Student, Parent, family member or agent. PAAM property includes costumes and any property for which PAAM is responsible, whether or not owned by PAAM, such as venue property and rented props. Further, I agree that PAAM may put my account On Hold, at any time, if Student, Parent, family member, friend or agent refuses to reimburse PAAM for property damage.
XIX. RIGHT TO USE LIKENESS: I authorize PAAM to allow Student’s image in photos and videos, for print publication/advertising and online in web pages and all social media, including live streaming, for promotional and educational purposes.
XX. WAIVER & RELEASE: As a material inducement for PAAM to permit Student to participate in in any PAAM activity, whether in-person, outdoors or via online webcast (including but not limited to: dance, acro, gymnastics, tumbling, performing arts, acting, singing, fitness, yoga and pilates), to use PAAM facilities or PAAM Equipment, Student (or Parent/Authorized Agent), hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive, release and hold PAAM harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of PAAM, injuries, death, damages or loss (including legal fees),present or future, foreseen or unforeseen, anticipated or unanticipated (collectively “Claims”), that you,Student, Student’s family and/or Student’s guests have (or that accrue to the same) against PAAM and generally release and discharge PAAM, their employees, agents, representatives, elected officials, contractors, subcontractors, successors, heirs, assigns, lessors, affiliates, volunteers and legal representatives from any and all claims, including but not limited to those involving: (i) participating in any supervised or unsupervised dance, acro, gymnastics, tumbling performing arts, acting, singing, fitness, yoga, pilates and other fitness activities, (ii) use of any fitness or training equipment, props, sets, including PAAM Equipment, (iii) any loss or theft of personal property, and (iv) accidental injuries, such as “slip and fall” injuries on or outside of PAAM premises, licensed areas, and/or venues andStudent (or Parent/Authorized Agent),hereby promise never to assert or assist any other party in asserting, any claims or causes of action against PAAM in any matter that in any way relates to any Claims.
XXI. LIMITATION OF LIABILITY: The parties to this agreement acknowledge and agree that PAAM and none of its employees, Annie Thistle, or any of its agents are personally liable for any litigation or disputes arising hereunder, whether direct or indirect, and of any nature whatsoever. Any liability of PAAM, Annie Thistle or its agents alleged by Student or Parent shall be limited to three (3) months’ of Student’s payments to PAAM for the activity registered by Parent/Student during the period triggering liability (“Liability Period”). If Student registered for multiple activities during the Liability Period, then PAAM’s liability shall be limited to three (3) months’ of payments for only one activity, whatever is the lowest. Student and Parent agree to look only to PAAM’s/Annie Thistle’s/agent’s role under this agreement and not to PAAM/Annie Thistle/agent personally, and no other property or assets of PAAM or Annie Thistle or agent shall be subject to levy, execution or other enforcement procedure for the satisfaction of Student’s/Parent’s claims under or with respect to this agreement.
XXII. SEVERABILITY: Student expressly agrees that this agreement is governed by the State of California and is intended to be as broad and inclusive as permitted by California law, and that in the event any portion of this agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
XXIII. VENUE: Student agrees that if, in spite of this contract, legal action is brought regarding a claim, it must be brought in the Superior Court of California, County of Marin and further agrees that the substantive laws of the State of California shall apply in any action brought.
XXIV. ATTORNEY’S FEES: Student/Guardian/agent acknowledges that this agreement is a contract and agrees that in the event of a dispute, claim, action, proceeding, pre-litigation matters, or lawsuit arising from or in connection with the execution, non-performance, or breach of any obligation of this agreement, Student/Guardian/agent shall pay all attorney’s fees and costs, including, without limitation, expert witness fees and costs, incurred by PAAM.
XXV. INCORPORATION: The BAYPAC Agreement for Parents and Students and PAAM Participation Policies are fully incorporated herein by reference.
XXVI. ENTIRE AGREEMENT: This agreement is the entire agreement between the parties with respect to the subject matter hereof, and supersede all statements, negotiations, agreements and understandings not herein included or reference. This agreement may only be amended by a written document signed by all parties.
X__Authorized Signature of Parent/Guardian Agreeing to All Terms Above Date
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