WAIVER, RELEASE and INDEMNITY AGREEMENT
I acknowledge the inherent risks involved when participating in classes or any training activity or using any type of fitness equipment in the Taylor Academy of Fine Arts (The Company), and in all other sports and training sessions relating therein. Accordingly, in exchange for being allowed to participate in any training activities at Taylor Academy of Fine Arts, I agree to the following:
1. I acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, which may result in permanent disability or even death, and severe social and economic losses which might result not only from my actions or negligence, but also from the action, inaction, or negligence of others, or the condition of the premises, or any equipment used, and further that there may be risks not known to me or not reasonably foreseeable. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at Taylor Academy of Fine Arts.
2. I agree to assume all the foregoing risks and accept full responsibility for my own damages following such injury, permanent disability, or death.
3. I agree that prior to participating in any activity at Taylor Academy of Fine Arts, I will inspect the studio area and all equipment to be used, and if, through my inspection, I determine that anything related to that activity is unsafe, I will immediately advise the Fitness Staff or Management of Taylor Academy of Fine Arts of this unsafe condition and will not participate until this condition is corrected.
4. I release, waive, discharge, and agree not to sue Taylor Academy of Fine Arts and all its respective agents, affiliates, associates, officers, managers, owners and employees (collectively "the Company") from demands, losses, or damages on account of any bodily injury, death or property damage caused or alleged to be caused in whole or in part by the Company or any other party's actions, inactions, or otherwise. I also agree to indemnify the Company from any and all third party claims caused in whole or in part by my actions.
5. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as Taylor Academy of Fine Arts may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
6. The Enrollee and each Member irrevocably authorize the Company, its successors and assigns, and those acting under its authority, to copy use, publish for art, advertise, trade, or any other lawful purpose whatsoever, photographic portraits, pictures or video images of them, and recordings or transcripts of their voices, in which they may be included in whole or in part, without compensation of any kind.
7. I expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state of Georgia. Any provision or portion of this Waiver, Release, and Indemnity Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.
I have read the above Waiver, Release, and Indemnity Agreement and understand that by signing below, I have given up substantial rights.
This Agreement is executed on the date shown on the front by and between Taylor Academy Of Fine Arts (the Center) and the Purchaser, who has caused his/her signature to be affixed hereto, and his/her children and any other individuals identified as Members on the front side of this agreement, hereinafter referred to as Purchaser or Enrollee.
The Center agrees to provide instruction in Dancing, Acting and Fine Arts to the Enrollee during the scheduled instruction hours of the Company. Enrollee understands that it is his or her responsibility to attend instruction sessions.
Enrollee understands that the entire course fee stated on the first page of this agreement is due and payable according to the terms of this agreement whether or not Enrollee chooses to attend instructional sessions provided by the Center. In consideration the Center's promises to instruct and provide instruction facilities,
If purchaser chooses to cancel this agreement the follow stipulations apply; payments on agreement must be current, a 60 day written notice must be given to school and a $50 per student cancellation fee must be paid at the time of notice.
In the event of default in the payment of any installment or fee in accordance with the terms above, or a breach of any of the covenants herein contained to be performed by the Enrollee, the balance due under this agreement shall become immediately due and payable.
In the event that Taylor Academy Of Fine Arts must bring any type of action to collect the sums due under the terms of this Agreement, the Buyer shall be responsible for the payment of the costs associating with collections, including, but not limited to all reasonable attorney fees, interest and costs resulting therefrom.
Enrollee agrees to abide by the rules and regulations governing the conduct and operation of instruction sessions, students, and observers, in order to promote efficiency, safety, and recognition of the instruction certification, as prescribed by the Center. Enrollee acknowledges that rules and regulations governing the Center have been adopted, and may be changed from time to time, and Enrollee agrees to abide by all such rules and regulations as adopted or hereinafter amended.
The hours of operation may be changed at the discretion of the Center. The Center reserves the right to revoke or terminate any agreement. Programs, and procedures as explained to him/her by an assistant of the Center. The Enrollee understands that there is a risk of personal injury involved in the course of instruction and with this knowledge agrees to indemnify and hold harmless the Center and its officers, directors, and employees from all losses caused by accident or injury to the Enrollee, or to third persons, who may be with Enrollee of the Center, in the event that either the Enrollee or said third person is injured in any way during the performance and execution of exercises either at the Center, on field trips, or at special events either on or off the premises of the Center. The company owning the Center and the agents and employees shall not be responsible for damaged, lost or stolen articles,inside or outside the facility.
The Enrollee and each Member hereby subscribe to "opt in" to
e-mail lists compiled by the Center for the purposes of notifying Members of important updates and information plus promotional information on product and service specials. The Enrollee and each Member irrevocably authorize the Center, its successors and assigns, and those acting under its authority, to copy, use, publish, for art, advertising, trade, or any other lawful purpose whatsoever, photographic portraits, pictures or video images of them, and recordings or transcriptions of their voices, in which they may be included in whole or in part, without compensation of any kind. In consideration of the training obtained, the Enrollee and each Member agree that they will not, individually or collectively, during the continuance of this agreement and for a period of five (5) years following termination of the association with the Center,engage in teaching Martial Arts or offering similar training or instruction within a fifty (50) mile radius of any school operated by the Center without the express written authorization of same.
This Agreement shall be governed by the laws of the state appearing on the front side of this Agreement. Any action brought to enforce or interpret this Agreement shall be brought only in the federal and state court having competent jurisdiction and sitting in that County and State. Venue for proceeding shall be in the City appearing on the front of this agreement. If any provisions of this agreement shall be judged invalid for any reason whatsoever by a court of competent jurisdiction, such validity shall not affect the validity of any other provision of this agreement.
The Center reserves the right to amend or add to these rules and conditions and to adopt new rules and conditions as it may deem necessary.
Should the Purchaser choose to pay for more than one (1) month of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this Center and/or this business location ceases to operate. This Center is not required to provide any security, and there may not be other protection provided to you.
**ADDITIONAL PAYMENT INFO: I,__________________ (the buyer), authorize TAYLOR ACADEMY OF FINE ARTS, and its affiliates to initiate and execute electronic funds transactions from the bank(s) accounts and/or credit account(s) I have indicated and initiated within this agreement.
I,__________________ (the buyer), agree that it is my responsibility to provide TAYLOR ACADEMY OF FINE ARTS, and its affiliates new bank(s) accounts and/or credit account(s), fulfillment and I agree the new information will replace all old information on the account.
I,__________________ (the buyer), understand and agree that withdrawal of Auto Payment authorization will not relieve me of any financial obligation of payment due as indicated on this agreement.
PAYMENT INFO: I,__________________ (the buyer), in exchange of services or products, agree to make ___ payments of $___ per month starting __/__/__ and will continue until the balance is paid in full. A $20.00 late charge will be assessed for any fee 10 days pass due.
PAYMENT METHOD: Debit/Credit/Checking Account
CARD TYPE: Visa/MC/AMEX/DISC - NAME ON CARD:__________________________
Card /Checking Account number____________________________________
Billing Address______________________________ Exp__/__ CV_____
**Course Info (STAFF ONLY)------>
Total Tuition Amount: $____ I_______,(Buyer) provided a down payment/Prorate Amount: $____ leaving a total Balance $____ PLEASE NOTE: If payment is not received for any reason, we can not provide service until payment(s) is made. *NO REFUNDS* -- By granting Authorization, you are allowing us (Taylor Academy of Fine Arts, LLC), or our agent, to make charges to the specified account for monthly dues, recital fees, or merchandise including applicable taxes and other charges permitted by this agreement.