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Note: Stilla Dance Directors shall be the final authority in the interpretation of this document. Any information, policies or rules not directly stated in this document will be decided solely at the discretion of the Directors. Please request clarification prior to the beginning of the season if necessary.

Waiver, Release, Assumption of Risk, and Indemnity Agreement

This AGREEMENT is made and effective as of date executed by and between
Stilla Dance, located at 19 Main Street, Scottsville, NY 14546 (“SCHOOL”), and the adult or guardian (“ADULT”), executing this AGREEMENT personally on behalf of himself/herself and any minor child/children specified herein (collectively (“PARTICIPANTS”). Stilla Dance and PARTICIPANTS may be referred to collectively as the “PARTIES.”

1. WAIVER AND RELEASE OF LIABILITY. PARTICIPANTS, on behalf of themselves, their parents, spouses, children/wards, heirs, assigns, representatives, estates, successors, attorneys, insurers, and all other persons, firms, partnerships or corporations connected therewith (“RELEASING PARTIES”), forever, finally, fully, permanently and unconditionally waive, release, acquit, discharge, covenant not to sue, indemnify, covenant to hold harmless, and defend Stilla Dance and its present and former employees, owners, members, principals, directors, subsidiaries, affiliates, representatives, predecessors, successors, shareholders, partners, parents, officers, agents, assigns, servants, attorneys, insurers, suppliers, manufacturers, clients, customers, PARTICIPANTS, and all other persons, firms, partnerships or corporations connected therewith (“RELEASED PARTIES”), to the fullest extent permitted by law, from any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of RELEASED PARTIES or otherwise, that arise out of or relate in any way to PARTICIPANTS’ use of the equipment and facilities at the SCHOOL, participation in the activities at the SCHOOL, and any claims for costs, expenses and attorneys’ fees associated therewith.

2. ASSUMPTION OF RISK. Participation in the activities and use of the equipment at the SCHOOL is purely voluntary and constitutes inherently risky activities that may result in serious injury and/or property damage to PARTICIPANTS and/or third parties. Safety equipment and apparatus is provided for the protection of PARTICIPANTS, including physical contact by instructors that is reasonably intended to coach, teach or demonstrate a particular skill or to prevent or lessen injury (i.e. spotting, catching). However, all safety risks cannot be eliminated. RELEASING PARTIES hereby assume the risk of personal injury or death, damage to property, and injury to third parties that arise out of or relate in any way to PARTICIPANTS’ past, present or future use of the equipment, any of the other facilities at the SCHOOL and participation in the activities at the SCHOOL.

3. POLICIES / PROCEDURES. RELEASING PARTIES acknowledge that they have been provided with a copy of Stilla Dance’s current policies and procedures for participation of PARTICIPANT at the SCHOOL and that Stilla Dance’s policies and procedures may change without notice at any time. Should any policy and/or procedure change, Stilla Dance will provide ADULT with a copy of the updated policies and procedures within a reasonable time after the new policy and/or procedure has been implemented by Stilla Dance. RELEASING PARTIES understand and acknowledge that compliance with Stilla Dance’s policies and procedures is a condition precedent for PARTICIPANT’s enrollment, participation in the activities, use of the equipment and any of the other facilities at the SCHOOL.

4. PHOTOGRAPH RELEASE. I grant RELEASED PARTIES the right to take and use photographs of PARTICIPANTS with or without his/her name and for any lawful purpose, including but not limited to publicity, illustration, advertising, and website content so long as such photographs is used in connection with Stilla Dance.

5. INTEGRATION AND SEVERABILITY. This is executed without reliance upon any representation by said PARTIES other than that contained in this AGREEMENT. If any provision or portion of this AGREEMENT is held to be illegal or invalid, the remainder of this AGREEMENT shall continue to be valid and enforceable.

6. BINDING NATURE OF AGREEMENT. The provisions contained in this AGREEMENT shall inure to the benefit of, and be binding upon, the PARTIES hereto and their respective successors and assigns.

7. CHOICE OF LAW / JURISDICTION. This AGREEMENT shall be construed and enforced according to the laws of the State of New York.

8. AGREEMENT. ADULT acknowledges that he/she has read and understands each and every provision of this AGREEMENT, and by placing his/her signature at the end of this AGREEMENT, represents that he/she has voluntarily assumed the obligations contained herein and intentionally waived all the rights stated herein, of his/her own free will. ADULT further certifies that he/she is a parent/guardian with legal responsibility for any minor child/children and desires that PARTICIPANTS participate in the activities and use the equipment available at the SCHOOL.

Note: Stilla Dance Directors shall be the final authority in the interpretation of this document. Any information, policies or rules not directly stated in this document will be decided solely at the discretion of the Directors. Please request clarification prior to the beginning of the season if necessary.

As the parent/guardian, I have carefully read and fully understand the below “Policies & Procedures” instituted by Stilla Dance and intend to follow each one. Failure to do so may result in the dismissal from the dance studio.

Tuition/Fees/Costs Policies

1. Tuition:
a. Full dance season: Tuition is broken into nine (9) installments and is due no later than the first (1st) day of each month and includes a minimum of 30 classes between September 11, 2023 and June 15, 2024. A $10.00 late fee will be assessed for tuition collected after the fifth (5th) day of each month. Students who have an account balance outstanding after one month, will not be allowed to participate in class until the balance is paid in full. Your child may join class mid-month, SPACE PERMITTING, and tuition will be adjusted accordingly. All tuition & fees must be paid by May 1st in order to take home costumes, purchase tickets, and participate in the recital.

b. Seasonal Session Classes & Camps: A one-time fee for session of classes is due at the time of sign up.

c. Refunds/Credits: There are absolutely no refunds or credits given for tuition or for any reason including but not limited to family vacations, medical absences, pandemics, weather related, etc.

2. Additional Fees/Costs: Tuition does not include recital/performance costumes, additional rehearsals, registration for events, and recital/performance fees, recital/performance tickets, attire (including shoes, tights, and apparel), private and semi-private classes, traveling/lodging costs, or photography packages. Any fees collected will be applied against outstanding tuition first, then applied to the outstanding fees. A $10 late fee will be assessed on fees that are collected after the fifth (5th) day of each month. There are absolutely no refunds or credits given for these fees and costs for any reason.

3. Private/Semi-Private Classes: Private and semi-private class tuition is due no later than the first (1st) day of each month. Please refer to your private lesson contract for payment information. Lessons must be paid in advance before the lesson is held. Late fees apply per the terms in #1.

4. Auto-Pay Requirement: All families are required to put a debit/credit card or bank account on file via auto-pay. You are still welcome to pay your invoice at any time; however, any unpaid past due accounts will be drafted on the 1st of each month using the account on file.

5. Missed Classes: Make-up classes are available; however, you must notify the office prior to an absence from class to be eligible for a make-up class. The make-up class must be completed within thirty (30) days from the date of the missed class. Missed classes will not be applied toward future tuition. There are no refunds or credits for missed classes. Make up classes are not guaranteed as each class works on different recital pieces.

6. Cancellations:
a. Holiday/Vacation Classes may be cancelled during holidays/vacations. Holiday/Vacation cancellations will be posted at least one (1) week before the holiday/vacation. There are no refunds/credits and tuition will NOT be adjusted or prorated for holiday/vacation cancellations.

b. Weather/Other Classes may be cancelled due to weather or other unforeseen circumstances. Cancellations will be posted to Facebook and an email or text will be sent. There are no refunds/credits and tuition will NOT be adjusted or prorated for weather/other cancellations. Time permitting, we will try to make up the class.

Viewing Policies

1. Lobby: Due to limited size and no available seating, we ask that you limit your time in the lobby so that all can participate in drop off. As we don’t have a viewing area, we ask that you don’t wait for your dancer in the lobby.

2. All Classes, including Private & Semi-Private Classes: Classes are open for viewing upon the instructor’s invitation ONLY.

3. Photography & Videography: For the safety and privacy of our students, NO photography or videography can be taken during class without the Director’s approval and the person may be asked to leave the premises and not to return. Please contact a Director to make arrangements for photographs and/or videography of your child.

Class Policies

1. Timeliness: Please arrive on time, as late arrivals disrupt the entire class. No student will be permitted to enter class if they arrive more than 10 minutes late for the scheduled class and it will be treated as a missed class.

2. Food / Beverages: No liquids other than water are allowed in the dance room. Please send your child with a water bottle so that they can remain hydrated. Dry, healthy snacks (nothing sticky) are allowed by our students that are in multiple classes. Please refrain from messy snacks. Students attending class are not allowed to chew gum.

3. Hands On Facility: This is a hands on facility. This means physical contact that is reasonably intended to coach, teach or demonstrate a particular skill or to prevent or lessen injury (i.e. spotting, catching) will be used. Infrequent, non-intentional physical contact, particularly contact which arises out of an error or a misjudgment on the part of the student and/or instructor does not constitute physical abuse. We have not adopted any specific definition of abuse; rather, it defers to such general sources and definitions for reference and application, depending upon the circumstances.

4. Four or Less Students: If there are four (4) or less students in a class, class time may be reduced or class may be canceled and students will be asked to attend another class during the week. There are no refunds for a cancelled class; however, the fee for that class can be transferred over to another day/time.

3. Disruptive / Disrespectful Behavior: Please treat this facility as if it were your home (i.e. pick up after yourself, your children, and your guests; monitor your children not in class; do not stand on chairs or put feet on walls, etc.). Any person who shows negative and/or disrespectful behavior, including but not limited to poor sportsmanship, rude and/or aggressive comments, toward any other person may be asked to leave the premises and not to return. This type of behavior may also lead to the student’s account being immediately terminated without refund.

3a. By Parents/Guardians/Bystanders: Please do not interrupt class for any reason, unless it is an emergency. If you would like to speak to the instructor, please leave a note for the instructor in the waiting room mailbox, or contact the studio owners via email or telephone.

3b. By Students: Unruly classroom behavior will not be tolerated from any student. Students participating in class shall not cause a disruption to the class, including but not limited to not paying attention in class, not listening to the instructor’s direction, and/or actively causing a disruption in class. If such behavior occurs, the instructor has the discretion to respond in a manner reasonably necessary to regain the attention of the student and to stop the disruptive behavior, including but not limited to removing the student from class and/or brief time-out(s) for the student. There will be no refunds or credits given for missed time from class and if a student is asked to leave class, the class will be treated as a missed class.

Additional Policies

1. Attire: All appropriate and studio-approved dance attire (including footwear) must be worn during class. If a student arrives at dance class without proper apparel, Stilla Dance instructors maintain the right to have the student call home and ask a parent or guardian to bring the missing items. If a student forgets their proper dance attire and cannot have it brought to them, they may be asked to sit out of class. Families will be provided with a list of what is acceptable and where it can be purchased. No large or dangling jewelry is permitted in class. All students must wear their hair pulled back securely in a bun for ballet, ponytail or braids for other styles. Students with short hair should fasten the hair back away from their face.

2. Concerns/Complaints: Please understand that our classes are back to back. Instructors may be unable to take time from another class to answer questions about your child’s progress and/or behavior. Appointments can be scheduled with the director and/or the instructor to discuss all questions and/or concerns. You may also contact the director by phone (call/text) or by email.

3. Sick Policy: Students should remain fever, vomiting, and diarrhea free for at least twenty-four (24) hours prior to each class they attend. A student’s participation in class with slight colds, allergies, runny noses, etc. will be at the discretion of the staff.

4. Video Surveillance: Areas of this facility are under video surveillance. Images may be collected that allow an individual to be identified. The use of video surveillance is solely for the purposes of controlling theft, ensuring the safety of instructors, staff, students and their families, and facilitating the identification of individuals who behave in a disruptive manner or cause damage to property.

5. Student/Parent Behavior: Any behavior that disrupts or damages Stilla Dance’s reputation in and outside of the studio (including social media) will not be tolerated and will result in immediate dismissal from studio.

6. COVID Policy: Can change with guidance from the health officials. As our policies change, we will notify families.