This is an important legal agreement between the participant, one or both of the participant’s parents or a legal guardian, if such participant is a minor, (each, or collectively, “parents”), and Pinnacle Dance Competition (“PDC”). In the event the participant is not a minor, any references to parents in this agreement shall not apply. In consideration of PDC holding a space for the participant and subsequently allowing the participant to participate in the applicable program (“convention” and/or “competition”), the participant and parents hereby agree to the following terms and conditions. I. Essential Safety Rules 1. The participant and parent/guardian agrees to comply with: any PDC policies; all other PDC policies and procedures which may be provided verbally or in writing from time to time; and all safety instructions given by staff members. 2. Parents and the participant acknowledge and agree that PDC’s essential safety policies include but are not limited to the following: A. The participant may never engage in unsupervised activities, and the participant may never be alone with another participant or staff member. B. The participant may not enter staff lodging or participant lodging that is not their own. C. The participant may not engage in any activity that puts others in danger or causes physical or emotional harm: bullying, pranks, hazing, intimidation, and similar behaviors are strictly prohibited. D. The participant may not communicate with staff before or after the convention and/or competition by text message, phone, or email, unless such communication is for an official convention and/or competition reason. E. The participant may not possess or use alcohol, tobacco, e-cigarettes, drugs, weapons, or fireworks at the convention and/or competition. 3. Parents and the participant acknowledge that PDC may terminate participant’s participation in the convention and/or competition: for violating these and other PDC policies; for maintaining an attitude that is not consistent with PDC values; if parents made false, misleading, or incomplete statements when submitting the required convention and/or competition forms; if parents withheld essential information by failing to submit the required forms; if the participant cannot safely participate in the convention and/or competition; if the participant presents a potential harm, danger or disruption to themselves or anyone else while attending the convention and/or competition; or for any other reason within PDC’s sole discretion. 4. Subject to the limited exceptions set forth in the Refund Policy below, if the participant leaves the convention and/or competition early for any reason, no registration fee refund will be given. II. Health and Medical Care 1. Parents and the participant affirm that the participant has no health issues that preclude the participant from safely participating in the convention and/or competition and all its programming, and that the participant possesses a sufficient level of physical fitness, health, and coordination to safely participate in the convention and/or competition and all its programming. 2. Parents and participant, if not a minor, authorize PDC to: make medical decisions on the parents’ and participant’s behalf if the participant becomes ill; administer emergency, nonemergency, and/or routine medical care and first aid; have the participant hospitalized; and use outside medical, surgical, or dental providers (including providers that do not accept the participant’s insurance). Parent and participant, if participant is not a minor, acknowledge and agree that parent or participant, if participant is not a minor, will be responsible for any and all medical and related bills and expenses that may be incurred by participant or on behalf of participant for any illness or injury that participant may sustain during participation or observation of the convention and/or competition. III. Assumption of Risk 1. Parents and the participant assume all risks of injury or damage to property resulting from participating in the convention/competition, use of convention/competition facilities and any related equipment, and transportation to and from the convention/competition. 2. Parents and the participant understand that a dance convention/competition entails certain inherent risks and dangers, which make it impossible to ensure the complete safety of the participant. Neither parents nor the participant will hold PDC liable in the event that a participant is injured due to an inherent risk of the convention/competition experience. 3. The inherent risks and dangers of the convention/competition, which is an event that includes strenuous physical activity, include but are not limited to: sustaining sports/dance injuries; being exposed to communicable diseases such as Covid-19; misusing equipment; becoming injured from malfunctioning equipment; suffering harm from a physical or verbal conflict with another participant; being injured due to a staff member’s mistake in judgment; becoming injured from another participant’s actions; the participant acting negligently and causing their own injury; and similar risks. 4. The above list is a representative, non-exhaustive list of risks that are inherent in the convention/competition experience. These risks can cause three types of injuries: A.Minor injuries, which include scratches, cuts and bruises;
B.Serious injuries, which include broken bones, concussions and cuts; and
C.Catastrophic events, which can include heart attacks, paralysis, serious head injuries, and
death.
5. Parents and the participants understand and appreciate the risks involved in the convention/competition experience and that the convention experience can be dangerous regardless of the care taken by PDC and its staff. 6. Having read and understood the above:
A. Parents and the participant understand the nature of the convention/competition experience and related activities; B. Parents and the participant understand the physical demands of the convention/competition; C. Parents and the participant understand the innumerable potential negative outcomes of the convention/competition experience;
D. Parents and the participant hereby assert that the convention/competition is a non-essential recreational activity and the participant’s participation is completely voluntary;
E. Parents and the participant knowingly assume the inherent risks of the convention/competition experience;
F. Parents and participant represent that participant is healthy and has no condition that would impair participant’s ability to fully and safely participate in the convention/competition; G. The participant agrees to abide by all PDC rules to minimize the risk of injury to the participant and others; and
H. The participant agrees to bring any unsafe conditions or hazards of which they are aware to the attention of PDC immediately. IV. Waiver of Liability 1. Parents and the participant understand and acknowledge that a staff member may act with negligence, which can result in inadvertent harm to a participant. 2. Parents and the participant hereby release, waive, and discharge PDC including its owners, officers, employees, independent contractors, vendors, and other related parties from liability from any and all claims resulting from the inherent risks of the convention/competition experience or from the negligence of PDC, its owners, officers, employees, independent contractors, vendors, and other related parties. 3. Parents and the participant enter into this waiver of liability on behalf of themselves, their heirs, assigns, personal representatives, and spouses. 4. Today and on all future dates, this waiver of liability applies to personal injury, including death, from incidents and illnesses arising from participation in the convention/competition, including but not limited to: use of the convention/competition facilities and equipment; use, misuse, and/or malfunction of equipment; emergency and nonemergency/routine medical care provided; and following negligent instructions of PDC, its owners, officers, employees, independent contractors, vendors, and other related parties. 5. Today and on all future dates, this waiver of liability also applies to all claims resulting from property damage, loss, or theft. V. Indemnification of PDC
1. Parents and the participant also agree to hold harmless, defend, and indemnify PDC and its owners, officers, employees, independent contractors, vendors, and other related parties (that is, defend and pay any judgment and costs, including investigation costs, court costs, and legal/attorney fees) from any and all claims of the participant, the parent, family members, or others arising from the participant’s or a parent’s injury or loss due to participation in the convention/competition. This includes injuries or losses arising from the inherent risks of the convention/competition experience or the ordinary negligence of PDC or its owners, officers, employees, independent contractors, vendors, and other related parties. 2. Parents and the participant further agree to hold harmless, defend, and indemnify PDC and its owners, officers, employees, independent contractors, vendors, and other related parties (that is, defend and pay any judgment and costs, including investigation costs, court costs, and legal/attorney fees) against any and all claims of co-participants, rescuers, and others arising from the participant’s or a parent’s conduct in the course of participation in the convention/competition. VI. Transfer; Refunds and Credits 1. Transfer: Participants may make a one time transfer of any prepaid registration from one PDC regional city convention/competition to another PDC regional city convention/competition in the same tour without any administrative fees. Any additional city changes will incur a $30 administrative fee per city change. Participants are also responsible for any differences in registration fees resulting from the transfer.
2. Refund Policy and Credits: Delivering the convention/competition requires PDC to incur numerous irreversible spending decisions many months before the convention/competition begins. PDC makes these irreversible spending decisions based on the number of participants enrolled and in reliance on each participant maintaining (i.e., not canceling) their registration. Moreover, holding a space for a participant may result in turning away other participants for those convention/competition dates. For these reasons, parents and participants acknowledge and agree that all registration fees are non-refundable, with no-exceptions. A. Notwithstanding the above, PDC may in certain circumstances, in its sole discretion, grant a credit, in the amount of the already paid registration fee, to participants to be used towards a future PDC event. Any credits issued will be valid for one (1) calendar year from the date of the original convention/competition start date. B. The policy above is intended to offset PDC’s irreversible spending made in reliance on each participant maintaining their registration. These amounts are not intended to be punitive in any way. VII. Other Important Provisions 1. Broad Interpretation: Parents and the participant acknowledge and agree that this agreement is intended to be as broad and inclusive as permitted by Illinois law. 2. Covenant Not to Sue: Parents and the participant covenant not to sue PDC for any claim arising directly or indirectly from the participant’s participation in the convention/competition. This includes claims resulting from the inherent risks of the convention/competition experience, PDC’s negligence, or the negligence of PDC’s owners, officers, employees, independent contractors, vendors, and other related parties. 3. Lost or Stolen Property: Parents and the participant acknowledge and agree that personal property while at the convention/competition may be lost or stolen, clothing may be lost or damaged, and PDC is not responsible for lost, stolen, or damaged property or clothing. In addition, PDC is not responsible for lost or stolen wristbands. 4. Wristbands: Participants receive only one, non transferable participant wristband per convention. Wristbands should not be removed during the convention. If a wristband needs to be replaced, the current wristband must be brought to the registration desk and it will be replaced upon verification of registration. Lost bands will be replaced and the participant will be changed to the convention rate. 5. Faculty Line-ups: Faculty line-ups for each convention are subject to change at any time without notice. 6. Observer Policy:
A. Observer Wristbands. Only those accompanying a participant may purchase the observer wristbands. Pre-registration is strongly suggested as observer bands may sell out. If still available, they will be sold at the door beginning on the Friday of the convention at early check-in and/or throughout the weekend. All observer bands are non-refundable and may not be transferred from one person to another. PDC is not responsible for lost or stolen bands.
B. Observer Behavior. Observer’s noise level and activity should be kept to a minimum out of consideration for the faculty and dancers. No cell phone use, phone conversations, talking, videotaping, other forms of recording or note-taking is permitted. PDC reserves the right, at its sole discretion, to remove any observer, including, but not limited to those who are disrupting the conference, in violation of these terms and conditions or not following PDC staff’s directions. Any observer acknowledges and agrees that observer will be responsible for any and all medical and related bills and expenses that may be incurred by observer or on behalf of observer for any illness or injury that participant may sustain during observation of the convention/competition.
7. Media Release: Parents and the participant acknowledge and agree that PDC may use participant’s name, pictures and videos of participants on social media, the PDC website, and in other marketing materials. Parents and the participant give PDC and its owners, officers, employees, independent contractors, vendors, and other related parties permission to take photographs and make recordings, digital or otherwise, of parents and the participant, and to use such images and recordings in original or modified form in all media, with or without a name or other information about the participant or parents, for the promotion, public education, and/or other activities of PDC. Parents and the participant understand and agree that they are not entitled to any compensation for use of these photographs and videos. 8. Non-Disparagement: Upon execution of this agreement and after participation in the convention/competition, parents and participants agree to never disparage PDC or any of its officers, directors, employees or subcontractors. Under this provision, “disparage” shall mean making any negative statement, whether written or oral, about the conference, PDC or any aspect of the convention/competition experience, including in online reviews or social media posts. 9. Force Majeure: PDC, parents, and the participant shall not be liable for any failure or delay in providing a convention/competition experience, early ending of the convention/competition, or other failure to comply with any obligations arising under this agreement, which is caused by forces beyond their control, including but not limited to: acts of war or terrorism; civil or military disturbances; acts of God; strikes or work stoppages; accidents; lightning strikes; communicable diseases, epidemics or pandemics; nuclear or natural catastrophes; or interruptions, loss, or malfunctions of utilities, communications, or computer services. In the event that the convention/competition cannot occur, starts late, or ends early due to such an event, PDC may elect to issue a full or partial credit of the prepaid registration fee for a subsequent or rescheduled convention/competition, within the PDC’s sole discretion, but will have no obligation to issue a refund. 10. Severability: Parents and the participant acknowledge and agree that if any portion of this agreement is unlawful, invalid, or unenforceable, it shall not impact the validity and enforceability of any other provision of this agreement. 11. Venue and Choice of Law: Parents and the participant acknowledge and agree that the sole venue for any dispute or cause of action related to this agreement shall be a court of competent jurisdiction located in Chicago, Illinois. Parents and the participant acknowledge and agree that any dispute or cause of action brought under this contract shall be governed by the laws of Illinois without giving effect to principles of conflicts of law. 12. Legal Costs: Parents acknowledge and agree that, if PDC takes legal action or engages in any legal proceeding to enforce the terms of this agreement or remedy its breach, and if PDC prevails in such action of proceeding, PDC shall be entitled to recover its attorney’s fees and the other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitled. 13. Changes to Agreement: Parents and the participant acknowledge and agree that any changes to this agreement must be made in writing and signed by all parties. Changes which are not explicitly approved and signed by PDC shall not modify the terms of this agreement. 14. Entire Agreement: Parents and the participant acknowledge and agree that this is the entire agreement, there are no other terms or agreements that are not contained or referenced herein, and any prior conversations, emails, or agreements are hereby superseded by this agreement. Date: May 4, 2024 | 