WITNESSETH
WHEREAS, by signing this Student Enrollment Form (“Enrollment”), I, the undersigned, on behalf of myself or my child or ward (hereinafter collectively referred to as “I”), hereby intend to enroll as a student with Lux Dance Collective, LLC (“LUX”); and
WHEREAS, I hereby assume all of the risks of participating in any and all activities or events associated with LUX including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault; and
WHEREAS, I acknowledge that this Enrollment will be used by the event holders, sponsors, and organizers of any activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event. In consideration of this application and permitting me to participate in this event, I hereby take action for ourselves, our executors, administrators, heirs, next of kin, successors, and assigns; and
WHEREAS, I choose to participate in classes, performances, workshops, and other activities at LUX of my own free will and certify that I am in proper physical condition to take part in such activities; and
NOW THEREFORE, in consideration for my participation in the programs and activities offered by LUX and knowing the risks inherent in these activities offered by LUX, as outlined in this Enrollment, I hereby agree to the following terms and conditions:


I. PARENT/GUARDIAN WAIVER FOR MINORS (if student is under 18 years old)
The undersigned parent and/or natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consent to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set forth below. The undersigned parent and/or guardian further agrees to save and hold harmless and
indemnify each and all of the parties referred to in this Enrollment from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor, parents, of the legal guardian.


II. FITNESS
LUX provides access to certain equipment as part of its students’ and guests’ participation in the programs available at LUX. Said equipment can include, but is not limited to, tumbling tracks and other dance and gymnastics related equipment. In order to utilize said equipment, I agree to be bound by the following terms and accept the following risks as described herein.
I understand that there are risks of physical injury associated with, arising out of, and inherent to dance and exercise of any kind. These risks include the potential for slips and falls, sprains, strains, dislocations, soft tissue injuries, musculoskeletal injuries, pediatric conditions, and other risks not specified here. These risks may increase with the use of gymnastic equipment based on the movements associated with the activities and the height of the equipment.
Understanding these risks and the potential for others not listed, I knowingly and voluntarily agree to personally accept and assume all of the risks present in my participation at LUX. My participation at LUX is entirely voluntary, and I choose to participate in spite of the risks. I expressly assume all risks and take full responsibility for any injuries, damages, or losses which I may incur as a result from these activities, and I, for myself, heirs, administrators, and executors, do hereby fully forever release and discharge LUX, its owners individually, and its instructors and staff, from any and all claims, demands, damages, rights or actions or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of my participation in the classes, workshops, or other activities.
I declare myself, to the best of my knowledge, to be physically sound, have sufficiently prepared or trained for participation in the activity or event, are suffering from no condition, impairment, disease, infirmity or other illness, and have not been advised by a qualified medical professional to not participate in these classes, workshops, performance and activities offered by LUX, its owner, employees, or agents. LUX will make no evaluation or recommendation whether students or guest are sufficiently fit for any exercise or dance activities. It is always advisable to consult your physician before undertaking a dance or physical exercise program.
Furthermore, I agree to obey the class and facility rules, codes, and policies that are put in place by LUX before or at any time during my participation. I take full responsibility for my behavior in addition to any damage I may cause to the facilities utilized by LUX. Dance education sometimes requires hands-on instruction as well as verbal instruction. Instructors may correct dancers by touching their arms, legs, feet, hips, back and head to move them in the correct position. I acknowledge that this is a common standard in dance instruction and understand that it is my responsibility to communicate clearly with my teacher and/or the director if any form of touch is unacceptable to me. If I have questions or concerns regarding this or any other policies or decisions made by any representative of LUX, I agree to bring them promptly and specifically to the director’s attention.


III. RELEASE OF CLAIMS
I hereby waive, release, and forever discharge LUX and their owners, directors, students, teachers, staff, employees, volunteers, spectators, participants and associates from any and all liability or claim that I or my representatives may have against LUX with respect to any bodily injury, personal injury, illness, death, or property loss or damage that may result from my participation at LUX. This includes attorney’s fees or any deductibles I may incur.
I indemnify, hold harmless, and promise not to sue LUX and their owners, directors, students, teachers, staff, employees, volunteers, spectators participants and associates from all liabilities of any nature, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind suffered by me at or arising in any way from my participation in dance classes, camps, intensives, workshops, performances, troupes, the use of LUX equipment or facilities and activities associated with LUX.
I agree that this Enrollment must be executed as a condition-precedent to participating in any program whatsoever related to LUX, including participating in introductory programs, classes, special events, and that this Enrollment applies to all activities related to LUX, regardless of whether said activity is at its normal place of business or another location. This Agreement applies for the entire duration of the participant’s participation with LUX.


IV. ASSUMPTION OF RISK RELATING TO COVID-19/CORONAVIRUS
I am aware that there is a risk of infectious diseases including the novel Coronavirus (“COVID-19”). Specifically, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to be spread mainly from person-to-person contact. As a result, Federal, State, and local governments and health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Although LUX has put in place preventative measures to reduce the spread of COVID-19, and will adhere to all federal, state or local requirements to mitigate the risk of spread, I understand that it cannot guarantee that I or my family will not become infected with COVID-19 or other infectious diseases. To help reduce the risk to all participants, I agree to abide by all preventative measures LUX requests. I further agree that should I or any household member of mine exhibit symptoms associated with COVID-19, including, but not limited to, a fever, or become exposed to a person who may have COVID-19, I shall not attend any session at LUX unless either (a) cleared by a medical professional, or (b) a period of at least two (2) weeks has elapsed since the development of the symptoms or the potential exposure occurred during which time there are no further or a positive test for COVID-19. By signing this agreement, I specifically acknowledge the contagious nature of COVID-19 and other infectious diseases, and voluntarily assume the risk that I and my household’s members may be exposed to or infected by COVID-19 or other infectious diseases by attending a session with LUX and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 at LUX may result from the actions, omissions, or negligence of myself and others, including but not limited to, LUX faculty, volunteers, and program participants in LUX events, etc. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, and that I acknowledge that such risks are included in the release.


V. MEDICAL TREATMENT AND INSURANCE
I understand that LUX does not assume any responsibility for or obligation to provide financial or other assistance in the event of injury or illness that may be sustained while participating in any activities associated with LUX, including but not limited to medical, health, or disability insurance or support.
I authorize LUX to obtain necessary medical or dental treatment, including first aid, ambulance transport, hospitalization, or such other care necessary for my health and welfare in an emergency. I understand that I am responsible for any medical expense and that the absence of health insurance does not make LUX responsible for payment of my medical expenses. If my insurance does not cover emergency treatment that is deemed necessary and sought for me by LUX, I agree to be responsible for and pay all costs incurred on my behalf.
I release and discharge LUX from any claim which may arise on account of any first aid, treatment, or service rendered in connection with my participation in LUX activities or with the decision by any representative or agent of LUX to consent to medical or dental treatment on my behalf in an emergency.
I understand that LUX does not carry or maintain health, medical, dental, or disability insurance coverage for any participant. I agree to take responsibility for full payment of any emergency medical or dental costs related to my LUX participation regardless of whether I have insurance coverage.

VI. MEDIA RELEASE
I understand that LUX may take photo and video recordings of me, or any member of my family or anyone who visits LUX or their events, during my participation in LUX classes and activities. I convey to LUX the full rights and interest in those recordings, and do hereby grant permission to LUX to use my image and likeness in such uses that include, but is not limited to, the display, distribution, publication, transmission and/or otherwise use of photographs, images, and/or video taken of myself for use in materials that include, but may not be limited to, printed materials for editorial, commercial, and/or promotional purposes, such as brochures and newsletters, advertising, videos and digital images such as those on the studio’s website and Facebook/Instagram pages. By agreeing to this I understand that I am giving unrestricted permission for my image to be used in print, video and digital media. I agree that these images may be used by LUX without further notifying me and waive my right to inspect or approve any copy that is used in connection with the photograph and/or video, or any printed matter, and discharge LUX from any and all claims arising from the purposes described above, including any claim for libel and invasion of privacy. I do understand that the names of anyone under the age of 18 years old may not be used in conjunction with any video or digital images.
If at any point I do NOT consent to being photographed or video recorded, I will make sure the LUX is aware of my concerns in advance and the reasons for those concerns. I will be proactive about avoiding being photographed or recorded, and I will hold LUX harmless if a photo or video recording of me is inadvertently released despite all precautions. I understand that this choice may limit my participation in performances that are routinely photographed and/or videotaped.


VII. TUITION
I understand and agree to the following terms and conditions with regard to tuition and payment required for enrollment as a student with LUX:
1. There is a one-time NON-REFUNDABLE registration fee due at the time of enrollment.
2. Tuition shall subsequently be paid monthly and due automatically on the 1st of every month; with
payment made through the card on file found in the payment portal. If, for any reason, the designated payment method does not process by the 7th of the month, a $25 late fee will be assessed. It is the undersigned’s responsibility to update any necessary information or accounts to avoid such fees.
2. If a check is returned for any reason that is not the fault of LUX, a $30 service fee will be charged to the undersigned’s account. Returned checks cannot be re-deposited. After two (2) returned checks, tuition may only be paid via credit card or cash.
3. Only monthly re-occurring fees will be charged to the undersigned’s account. (Costume fees, recital fees, etc., must be paid by cash/check/card at the front desk).
4. There is NO pro-rating of tuition for any reason, including missed classes, vacation, illness or holiday. The student will have the option of making up classes that he/she is absent from.


VIII. CANCELLATION/DROP POLICY
I understand and agree to the following policies/procedures required in order to drop classes or terminate my account with LUX:
1. All changes to classes or termination of account must be done in writing with the proper Withdrawal Form (Withdrawal Forms shall be provided upon request).
2. Withdrawal Forms must be completed and turned in to LUX at their office no later than thirty (30) days prior to the intended withdrawal date and will terminate further tuition obligations for the dance season (Example: should the student intend to withdraw in February, the Withdrawal Form must be received by LUX no later than January 1st of the same year).
3. Withdrawal Forms may be turned in to LUX’s front desk, or via email at: luxdancecoll@gmail.com.
4. Once the Withdrawal Form is received by LUX, the student will be unenrolled for the remainder
of the year. Attendance is not taken into consideration, and regardless of absences, a Withdrawal Form must be turned in to LUX in order to stop the student’s account from being charged monthly.
5. The undersigned is responsible for all tuition payments, including late fees, up until such time a Withdrawal Form is turned in to LUX.
6. The undersigned will be responsible for any month’s payment where a Withdrawal Form has not been received, regardless of whether or not the student attends their class or not, without refund. There will be NO exceptions to this policy. Please make sure to remit the Withdrawal Form in a timely manner to ensure no unnecessary charges are made.

Note: If Lux Dance Collective is required to close any time after the 1st of the month due to pandemic, or any other reason, classes will be held live on Zoom for the remainder of the month and a refund will not be issued. Furthermore, if we are to remain closed due to pandemic, etc., we will extend the withdrawal date to 1 week prior to the start of the next month. If we do not receive your withdrawal form by the deadline stated above, you will be charged for the following month. NO exceptions.


IX. GOVERNING LAW
The laws of the State of Florida govern this Enrollment (without giving effect to its conflicts of law principles) and shall be construed in accordance thereof. Any lawsuit or legal proceeding arising out of or relating to this Enrollment in any way whatsoever shall be exclusively brought and litigated in the Federal and State courts in and for Hillsborough County, of Florida. The undersigned expressly consents and submits to this exclusive jurisdiction and exclusive venue. The undersigned expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. The undersigned consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.


X. WAIVER
The undersigned acknowledges that no breach of any provision, condition, or any remedy or right contained in or granted by the provisions of this Enrollment shall be deemed waived unless evidenced in writing and signed by the party waiving the failure, breach, remedy, or right. A waiver of any one breach shall not be deemed as a waiver of any other breach of the same or any other provision of the Enrollment. No waiver shall be deemed continuing unless the writing specifies.


XI. ENTIRE AGREEMENT
This Enrollment contains all the terms agreed to the undersigned relating to its subject matter, including any attachment or addendums. This Enrollment replaces all previous discussions, understandings, and oral agreements. The undersigned agrees to the terms and conditions and shall be bound for the duration of his/her time at LUX.


XII. SEVERABILITY
In the event that any provision, clause, sentence, section or other part of this Enrollment is held by any court of competent jurisdiction to be invalid, illegal, inapplicable, unconstitutional, contrary to public policy, void or unenforceable in law to any person or circumstance, the undersigned intends that the balance of this Enrollment shall nevertheless remain in full force and effect and will not be held to be void, illegal, or unenforceable, so long as the purpose of this Enrollment is not affected in any manner adverse to LUX.


XIII. MODIFICATION
There are no verbal or other agreements which modify or affect the terms of this Enrollment. This Enrollment may not be amended or modified except by way of written agreement duly executed by the undersigned and LUX.


XIV. ACKNOWLEDGEMENT
In signing this Enrollment, I acknowledge and represent that I have read the foregoing Enrollment, 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, or am the Participant’s legal Parent or Guardian, and fully competent; and I execute this Enrollment for full, adequate and complete consideration fully intending to be bound by same.