TUTU POLICY AND PROCEDURES
May 20, 2024 05:06 AM
Release and Waiver of Liability and Indemnity Agreement.
In consideration of being permitted to participate in any way in any Dance activity or event at Tutu Ballet Academy and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and or legal guardian(s) of the minor participant or adult participant or substitute teacher or full time teacher named in the online registration agree to all the following.
1. The parent(s) and/or legal guardian(s) will instruct the minor participant or adult student/employee/volunteer will be responsible for prior to participating in any dance activity or event at Tutu Ballet Academy, he or she should inspect the facilities and equipment to be used, and if she or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate I understand and agree that, if at any time I feel anything to be unsafe, I will immediately take all precautions to avoid the unsafe area and refuse to participate further.
2. I/we the undersigned fully understand and acknowledge that:
(a) There are risks and dangers associated with participation in Dance events and activities either as a student /employee/volunteer. which could result in bodily injury partial and/or total disability, paralysis and death.
(b) The social and economic losses and/or damages, which could result from these risks and dangers described above could be severe.
(c) These risks and dangers may be caused by the action, inaction or negligence of the participant/employee/volunteer or the action, inaction or negligence of others, including, but not limited to the releasees named below.
(d) It is very difficult to avoid the risk of being exposed to individuals, whether direct or indirect, that possibly have been exposed to COVID-19 or any other communicable diseases, unknown viruses and/or other illnesses. I understand that by attending in-person dance classes, there is the possibility that the participant/teacher/substitute teacher/volunteer may become infected with any of the afore-mentioned diseases or illnesses. I understand, agree, accept and assume all these risks, both known and unknown, even if arising from the negligence of Tutu Ballet Academy or others. I assume full responsibility and accountability for my child’s participation or mine as a studetn/employee/volunteer in Tutu Ballet Academy in-person dance classes, activities and events both at the studio or events planned away from the studio.
(e) There may be other risks not known to us or are not reasonably foreseeable at this time.
3. I/we accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the releasees named below.
4. I/we hereby release, waive, discharge and covenant not to sue Tutu Ballet Academy, Tutu Ballet Company non profit, including its owners, managers, employees, volunteers, lessees of premises used to contact Tutu Ballet Academy dance events or other programs, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding Tutu Ballet Academy or events held at such facilitity and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as "Releasee" from all liability to the undersigned, my our personal representatives, assigns, executors, heirs and next of kin for any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant/teacher/substituted teacher/volunteer who has registered with our studio, or damage to property arising out of or otherwise.
5. I/we hereby acknowledge that the activities of the event(s) are very dangerous and involve the risk of serious injury and/or death and/or property damage. Each of the undersigned participant/employee/volunteer also expressly acknowledges that injuries received my be compounded or increased by negligent rescue operations or procedures of the releasees.
6. Each of the undersigned further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the province or state in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal fore and effect.
7.On behalf of the participant/employee/volunteer, the undersigned partner(s) and/or legal guardian(s) for the minor participant or employee/volunteer executes this waiver and release. If, despite this release, the participant makes a claim against any of the releasees, the parent(s) and/or legal guardian(s) will reimburse the releasee for any money which they have paid to the participant or employee/volunteer for any legal fees, or on his behalf, and hold them harmless.
8. PHOTOGRAPHS/VIDEOS I grant Tutu Ballet Academy the right to take photographs/videos of my child or the parents/guardian or myself the undersigned in connection with activities with Tutu Ballet Academy. I also agree that Tutu Ballet Academy may use such photos and videos for any lawful purposes, including but not limited to publicity, illustration, advertising, social media and web content. I understand that students will not be compensated in any way for use of these photographs.
9. 24 HOUR VIDEO SURVEILLANCE I understand that Tutu Ballet Academy is under 24 hour video surveillance at the property inside and outside for security purposes as a deterrent and prevention of criminal activities . These videos are saved for legal purposes also in the event someone sues or says something that is untruthful or slanderous we reserve the right to use this video in our defense.
10. LOST OR STOLEN ITEMS Tutu Ballet Academy is not responsible for lost or stolen items.
11. CANCELLING SERVICES: I agree to give 30 days notice before cancelling services
12. VACATIONS: I understand that my tuition covers 4 weeks of instruction a month. I understand that certain months have 5 weeks and instead of being charged for those extra weeks Tutu will take vacation in line with the local saugus school district holidays. National holidays will be taken.
13. COMMUNICATION: I understand that TUTU’s main form of communication will be via the bulletin board in the lobby, a secondary communication will also be sent via text or email. I agree to come in once a week and check the bulletin board to stay updated. I understand that Tutu is not responsible for emails that are lost or not delivered.
14. TUITION I agree to enroll in autopay and to keep my card update 3 days before and after the 1st of every month. I understand there is a $35 insufficient funds/decline fee.
15. POINTE TIMELINE POLICY I agree to the following 4 step pointe timeline policy
STEP 1 - PASS THE POINTE TEST: Dancer must have 2 + years training in RAD upper ballet grades. Your teacher will then assess you with an in class pointe test by using various exercises to assess stability and strength.
STEP 2 - DOCTORS NOTE: When the dancer passes the pointe test we will ask the parent for a doctors note stating that the anatomy of the child is conducive to pointe work including but not limited to the growth plates being fused. If the doctor does not give permission the child will be unable to go on pointe.
STEP 3 - POINTE PLAN : We will have a phone or in person conference with parents to discuss a recommended “pointe plan” that they need to agree to. The Pointe Plan is a recommended class schedule for the 1st year of pointe. Once agreed upon, the pointe plan must be signed in person at the studio before Summer Dance Intensive and before getting pointe shoes.
TRANSFER STUDENTS: In the event a child has transferred to our Academy, we will use our expertise in determining where the child is on the 4 Step pointe timeline for Tutu Ballet Academy pointe training. If the student comes from a school that has no R.A.D. training and has not taken any ballet exams, a personalized pointe plan will have to be created for each student in this case. Parents must agree to the personalized pointe plan in person at Tutu . We will take into account and give them credit for ability shown in class based on past training . This will help us prepare the right path forward to pointework for the child according to the Tutu Ballet Academy pointe timeline. This is of course for their own safety and ensured success.
STEP 4 - 1st POINTE SHOES CERTIFICATE: As soon as parents agree in writing to the “pointe plan”class schedule, children will receive a Pointe Shoe Certificate by email as proof they are being accepted to training on pointe at Tutu Ballet Academy. Only children with this certificate have permission from our Academy to go purchase your first pointe shoes at The Dance Store as a Tutu pointe student. Only children with this certificate will have permission to go on pointe during our summer dance intensive. Other Dancers not ready for pointe in the summer dance intensive or who have not completed all 4 steps will still participate in all classes (when in the pointe class they will participate in ballet flats). This is a dance intensive for all dancers to improve their overall technique.
16. TERMINATION: Tutu Ballet Academy reserves the right to terminate the enrollment of a student/family without 30 days notice for the following reasons.
(a) Using abusive language or engaging in physical aggression towards staff, instructors, or other students.
(b) Repeatedly disregarding studio policies as mentioned above in this contract or disregarding instructions from instructors.
(c) Engaging in dishonesty or misrepresentation during registration, payment, or other interactions with Tutu Ballet Academy.
(d) Engaging in behavior that disrupts the learning environment or compromises the safety of others.
(e) Any actions that demonstrate a lack of integrity or respect towards Tutu Ballet Academy its staff, or other students.
I understand and give permission for Tutu Ballet Academy releasees if they so choose to use the 24 hour video surveillance as evidence if needed in legal proceedings as a defense.
17. RIGHT TO REFUSE SERVICE: Tutu Ballet Academy reserves the right to refuse service to any individual at its sole discretion. This includes, but is not limited to, students, parents/guardians, or any other person associated with the student. Tutu Ballet Academy may exercise this right without providing any reason or justification for the refusal of service and without incurring any liability on the part of Tutu Ballet Academy.