THE UNDERSIGNED PARTICIPANT (HEREINAFTER “I”, “ME”, OR “MYSELF”) AGREES TO THE BELOW SET FORTH TERMS AND CONDITIONS REQUIRED BY OLGA V. DANCE (hereinafter, “DANCE”)
PART 1: COURSE ENROLLMENT AND FEES
PART 2: MEDICAL AUTHORIZATION AND RELEASE
I authorize and consent to Olga V Dance (the “Studio”) and its organizers, teachers, leaders, staff, directors, nominees, volunteers, assigns, designees and any and all other persons or entities associated with it (hereinafter collectively “Dance”) securing any and all medical attention and treatment which Dance deems necessary or appropriate for me at any time during any Course in which I plan to participate or in which I am participating.
I certify that I do not have any physical or mental conditions that may create a hazard for myself or others, or that may preclude or restrict my participation in this program. I certify that any and all medical conditions that could affect my health or well-being or the health or well-being of others have been clearly disclosed in writing to Dance. Failure to disclose relevant medical conditions may result in my refusal or dismissal from the Course at my own expense.
I fully understand the sometimes dangerous conditions to which I may be exposed. I fully assume any and all risk for illness, injury, loss or death and release Dance and its officers, directors, shareholders, employees, subsidiaries, affiliates, representatives, and agents from all actions, claims or demands for damages occurring at any time during any Course I take, including but not limited to any and all difficulties, complications, illness, disabilities, damage, injury or death occurring either directly or indirectly as a result of medical care or treatment or lack thereof. I release Dance, its officers, directors, shareholders, employees, subsidiaries, affiliates, representatives, and agents from all liability for any bodily injury or damage sustained as a result of any medical care or lack thereof I receive or any medical treatment decision or recommendation made by Dance . I agree to pay all expenses relating thereto and release Dance from any liability for payment thereof.
PART 3: WAIVER AND RELEASE/MEDIA RIGHTS
I understand and acknowledge that the Courses provided by Dance contain inherent hazards and risks of illness, injury or death, which may be caused by the negligence of others, physical exertion, forces of nature, or other agencies known or unknown.
I also understand that Dance reserves the right to refuse any person it judges to be incapable of meeting the requirements of participating in any Course.I understand that Dance may terminate any Course in which I participate at my own expense for putting myself or others in danger or failing to follow the Class Conduct and Studio Rules.
I understand that Dance reserves the right to take photographs or videos of any of its Courses and of me. I hereby agree that Dance may use my name, image and likeness, in any media now available or developed in the future, including any audio or video of me for promotional and/or commercial purposes, and voluntarily consent to the use of such media to record me, without compensation of any kind.
I further understand that I have a right to opt-out of any recording, PROVIDED THAT I notify Dance in writing at least one (1) hour prior to the start of recording.
In consideration of, and as part payment for, the right and opportunity to participate in the Courses, I have and do hereby fully assume all risk of illness, injury, loss, damage or death and hereby knowingly, freely and voluntarily waive, release and discharge Dance from all actions, claims, or demands for damages resulting from any aspect of participation in the Course(s) and as to any services provided to me by Dance, except for those claims based solely on the gross negligence or willful misconduct of Dance. I agree that the foregoing obligation shall be binding upon me, as well as upon my heirs, next of kin, executors and administrators, and any and all members of my family, including all minors and dependents.
PART 4: PARTICIPANT EXPECTATIONS
(a) Participate: I understand that I am expected to take an active part in the Course(s).
(b) Attire: I understand that I must wear appropriate attire, including high heels with nonmarking soles to protect the floors and other property in the studio.
(c) Respectful Conduct: I agree to show respect towards the instructor and fellow students. Any disruptive behavior, including harassment or disrespect, may result in immediate dismissal from the Course without a refund. Lack of compliance with rules and/or poor treatment of other participants is cause for dismissal from the Course(s).
(d) Personal Belongings: I understand and agree that Dance is not responsible for any lost, damaged, or stolen items. I further understand that I am encouraged to store personal belongings in designated areas during class.
(e) No smoking/drinking: I understand that I am not permitted to possess or use alcohol or tobacco products (including electronic cigarettes) in the studio or on Dance’s premises.
(f) No weapons: I understand that the purchase, possession or use of weapons is strictly prohibited and will be immediate grounds for dismissal. Weapons include firearms, knives, swords, brass knuckles, or any other apparatus or tool intended in its particular use to cause or threaten harm or injury to others.
(g) Obeying Applicable Law: I understand that I am obligated to comply with local laws and customs while participating in any Course(s). Conduct considered unacceptable includes, but is not limited to, abusive behavior toward others, sexual harassment, sexual conduct or misconduct, unwanted touching of any kind, criminal conduct of any kind, use of drugs other than prescribed or over-the-counter drugs for legal medicinal purposes, and/or unwillingness to cooperate with other participants or with Dance, generally. Such conduct as well as any other conduct which in the sole discretion of Dance may be damaging to the Course(s), the Studio or other participants, may lead to my dismissal at my own expense.
(h) Privacy Policy: I understand that Dance has a privacy policy in place that I agree to read prior to registration and that any personal information used by Dance will be protected from unlawful disclosure to the best of Dance’s ability and used for various purposes as detailed in the Privacy Policy on Dance’s website.
(i) Indemnification: I understand and agree that, if by my acts or omissions I cause damage of any kind to third parties or myself, I accept full responsibility therefore and agree to defend, indemnify and hold harmless Dance from any and all actions taken by third parties for said damages or loss.
PART 5: CANCELLATION POLICY
(a) Unforeseen Circumstances: I understand and agree that Dance may cancel and/or reschedule any Course(s) due to unforeseen circumstances. I agree that a refund or credit may be issued to me by Dance and that any such credit may be applied to a future Course.
(b) Cancellation By Participant: I understand and agree that, in the event that I am unable to participate in any Course(s) due to a medical condition or any emergency, that I will provide accurate and truthful documentation of same to the satisfaction of Dance, which shall have the final determination as to any refund or credit, in Dance’s sole discretion.
This Agreement shall be in all respects interpreted, construed, enforced, and governed in accordance with the laws of the State of California without regard to its conflicts of law provisions. Any dispute, claim or controversy arising out of, or relating to, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, shall be determined by a court of competent jurisdiction in Orange County, California. The parties hereby consent to the personal and exclusive jurisdiction and venue of these courts. This Agreement may be modified only by a writing signed by you and an authorized representative of Dance. If one Party waives any term or provision of this Agreement at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either Party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that Party retains the right to enforce that term or provision at a later time. If any court determines that any provision of this Agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this Agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable. You understand and agree that checked boxes, clicked buttons and any electronic signatures provided as to this Agreement or as to Dance’s website(s) will have the same legal effect as original signatures and may be used as evidence of execution.