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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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: January 15, 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.