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LUNA AERIAL DANCE & PERFORMING ARTS

ANNUAL PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK AND TERMS & CONDITIONS

 

 

ANNUAL PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Luna Aerial Dance and Performing Arts, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "LADPA"), I hereby agree to release, indemnify, and discharge LADPA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

  1. I acknowledge that my participation in aerial arts, dancing, flexibility, acrobatic skills, pole fitness skills training and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

    The risks include, among other things: slips and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; nerve damage; injuries to internal organs; the negligence of other participants or persons who may be present; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Traveling to and from shows, meets and exhibitions will raise the possibility of any manner of transportation accidents. In any event, if you or your child is injured, any medical assistance will be at your own expense.

    Furthermore, LADPA employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
     
  2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
     
  3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless LADPA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of LADPA's equipment or facilities, including any such claims which allege negligent acts or omissions of LADPA.
     
  4. Should LADPA or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
     
  5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
     
  6. In the event that I file a lawsuit against LADPA, I agree to do so solely in the state of Maryland, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against LADPA on the basis of any claim from which I have released them herein.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.


Date: March 20, 2019

TERMS & CONDITIONS

Please be advised that in purchasing a class/series from Luna Aerial Dance & Performing Arts, you understand and agree that all purchases are non-transferable and all class/series and membership purchases expire within or at 30 days’ from the date of purchase. Luna Aerial Dance & Performing Arts does not guarantee that any particular or specific classes/series will run and offers a variety of classes/series at the discretion of the studio. The studio may cancel a class at any time at its discretion due to inclement weather, instructor illness, equipment or facility problems, safety concerns, or low enrollment. We have a 3 student minimum for classes to run, if the minimum has not been met, it is at the discretion of the studio to cancel and/or postpone a class and/or series. Students will be notified via email, text, and/or phone. If this happens from Luna Aerial Dance & Performing Arts does its best to accommodate our students, however, if we are unable to do so a credit will be applied to your Luna Aerial Dance & Performing Arts account for you to use for another class prior to the expiration date. You have the right to cancel any purchase within three (3) business days after purchase prior to use of class pass. Cancellation of purchases must be in writing via email within those 3 days. If you cancel, you are entitled to a full refund of all monies paid. There are no refunds outside of those parameters. ALL CLASSES, SERIES, PRIVATES, WORKSHOPS, AND PRACTICE ROOMS ARE PREPAID AND PREREGISTERED, NO EXCEPTIONS!  If you have any questions, please contact our studio.

If you NO SHOW or LATE CANCEL, you will forfeit the class. A student can cancel their enrollment/reservation in a class prior to the start date and time of that class at their discretion not less than 4 HOURS PRIOR TO THE START OF CLASS. Please make sure that you contact us or remove yourself if unable to attend.

All classes/series, workshops, memberships, and practice rooms expire within or at 30 days from date of purchase. After 30 days, unused classes will expire and cannot be credited back to your account without documented illness, accident or injury, or unless the student has moved greater than 50 miles from Luna Aerial Dance & Performing Arts facility. Per the laws of the state of Maryland, gift certificates expire 4 years from date of purchase.

All “Proprietary Information” including but not limited to staff information, curriculum, discussions, written materials, choreography, any company information and its subsidiaries (all deemed “Proprietary Information”), are the sole property of Luna Aerial Dance & Performing Arts, LLC and any subsidiaries. Unauthorized disclosure will irreparably harm Luna Aerial Dance & Performing Arts, LLC and any subsidiaries, therefore, you must agree that by becoming a student that you will not disclose nor teach any proprietary information to a third party. You also agree not to solicit any students, employees or contractors of Luna Aerial Dance & Performing Arts, LLC. Student will still be bound to this agreement after contract ends for a period for a time period of 2 years. If student violates this non-disclosure and non-compete, student agrees to requite Luna Aerial Dance & Performing Arts, LLC and its subsidiaries a minimum of fifteen thousand dollars ($15,000) in irreparable damages.  This agreement and any rights, duties and obligations between the parties to this agreement shall be governed by the laws of the State of Maryland.

All Parents/Students AGREE to follow all the Studio’s Rules and Regulations listed in our Parent/Student Handbook. Our Rules and Regulations are not only for YOUR Safety but the safety of other students and our staff members. Our Handbook is available at all times online on our website under the Student, Forms Tab.

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First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Optional Photograph & Video Release Form 

I, hereby, grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. 

Photographic, audio or video recordings may be used for the following purposes: 

  • website and promotional material 
  • educational presentations or courses 
  • informational presentations 
  • on-line educational courses 
  • educational videos 

By signing this release, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. 

I will be consulted about the use of the photographs or video recording for any purpose other than those listed above. 

There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. 

This release applies to photographic, audio or video recordings collected as part of the sessions listed on this document only. 

By signing this form, I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.

Photograph & Video Release*
First Participant's Signature*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18): In consideration of ("Minor(s)") being permitted by LADPA to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless LADPA from any and all claims which are brought by, or on behalf of Minor(s), and which are in any way connected with such use or participation byMinor(s).
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Optional Photograph & Video Release Form 

I, hereby, grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. 

Photographic, audio or video recordings may be used for the following purposes: 

  • website and promotional material 
  • educational presentations or courses 
  • informational presentations 
  • on-line educational courses 
  • educational videos 

By signing this release, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. 

I will be consulted about the use of the photographs or video recording for any purpose other than those listed above. 

There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. 

This release applies to photographic, audio or video recordings collected as part of the sessions listed on this document only. 

By signing this form, I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.

Photograph & Video Release*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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