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COMBINED WAIVER, RELEASE OF LIABILITY, INDEMNITY,
MEDICAL AUTHORIZATION, AND LIKENESS RELEASE AGREEMENT

Studio: Pas De Deux Hawaii LLC
Address: 94-404 Ukee Street Suite A, Waipahu-HI 96797
Phone: 808-671-0350

I am signing this Agreement on behalf of myself and any minor children or family members accompanying or participating with me, and all references to ‘I,’ ‘me,’ or ‘my’ in this Agreement shall include those individuals.”

Activity, classes and events covered by this Agreement: Weekly Classes, Rehearsals, Events, Competitions, Community Shows, Recitals, and Performances

1. ASSUMPTION OF RISK
I acknowledge that participation in dance classes, rehearsals, travel, performances, and related activities (collectively “Activities”) involves physical activity and inherent risks, including injury, illness, permanent disability, or death. I knowingly and voluntarily assume all risks associated with participation, whether known or unknown, foreseeable or unforeseeable, including risks arising from ordinary negligence of the Studio or others.

2. COVID-19 & COMMUNICABLE DISEASES
I understand and accept the risk of exposure to communicable diseases, including COVID-19, through participation in Activities. I agree to follow the Studio’s health and safety protocols (screening, masking, vaccination proof if required, hygiene, social distancing, and other measures). I release the Studio from liability for transmission of communicable diseases unless caused by the Studio’s gross negligence or willful misconduct.

3. WAIVER & RELEASE OF LIABILITY
To the fullest extent permitted by law, I, on behalf of myself, my heirs, executors, administrators, personal representatives, and assigns, hereby release, waive, discharge, and covenant not to sue Pas De Deux Hawaii LLC, its owners, officers, employees, instructors, agents, volunteers, contractors, affiliates, and landlords (collectively “Releasees”) from any and all claims, demands, causes of action, liabilities, losses, damages, costs, or expenses (including attorneys’ fees) arising out of or relating to my participation in the Activities, including claims arising from Releasees’ ordinary negligence.

4. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from my negligent, reckless or intentional acts or omissions while participating in Activities.

5. MEDICAL AUTHORIZATION
I certify that I am physically able to participate or have disclosed any restrictions/medical conditions to the Studio in writing. In the event of injury or illness, I authorize the Releasees to obtain or provide emergency medical treatment and transport. I agree to be financially responsible for any medical or related expenses incurred on my behalf.

6. RULES, REMOVAL, AND CONDUCT
I agree to follow all Studio rules, instructor directions, and safety procedures. The Studio may remove me from Activities for unsafe or inappropriate conduct without refund.

7. PHOTO/VIDEO/LIKENESS RELEASE
I grant Pas De Deux Hawaii LLC, its licensees, successors, assigns, and those acting with its authority the irrevocable, perpetual, worldwide right to photograph, record, and use my or my child’s image, voice, name, performance, and biographical information (collectively “Likeness”) in any media now known or later developed for promotional, advertising, educational, social media, website, print, broadcast, or other lawful purposes. I understand the Studio owns the media and may edit, crop, reproduce, and publish without further notice. I waive any right to inspect or approve materials and any right to royalties or other compensation. I release the Studio from any claims related to such use, including claims of invasion of privacy, defamation, or publicity, to the maximum extent permitted by law.

8. REVOCATION/LIMITS ON USE
I understand this grant is broad, perpetual, and may be difficult to fully revoke once published. Requests to limit or revoke future use must be made in writing to the Studio; such requests do not apply retroactively to materials already published or distributed.

9. SEVERABILITY; GOVERNING LAW
If any provision of this Agreement is found unenforceable, the remainder remains in full force. This Agreement is governed by the laws of the State of Hawaii without regard to conflict-of-law rules.

10. ACKNOWLEDGMENT
I have read this entire Agreement, understand its contents, and sign it voluntarily. I acknowledge this document is a contract and affects my legal rights.

GENERAL STUDIO POLICIES

Spectators - Parents/Guardians for students ages 3-6 should remain at the studio. All spectators are asked to stay in the front lobby area or outside in the gazebo or on benches fronting PDD. Keep stairwells, doorways, walkways, and emergency exits clear at all times. Do not sit or stand on the stairs to observe classes. Thank you for respecting the Student Space and Study Areas in the back by not using that as a waiting area.

• • • • • •

1. 48 Hour Fever Free - No one is permitted to attend class, rehearsals, or events unless they are Fever Free for 48 hours without the use of fever-reducing medicine. Fever is a temperature of 100.4 degrees or higher.

2. Students Ages 3-4 years old - Must be potty trained and need to attend a trial class before enrolling.

3. Conduct - Performers and Families will be of good moral character, not using foul language or engaging in any activity that is not upholding the standards of Pas De Deux at all times. We have a no tolerance policy for physical or verbal assault to any child, parent or staff member. Only Performers, Choreographers, Directors, Teachers, Staff, and Talent are allowed in the classrooms. Pas De Deux reserves the right to release any performer or family that does not abide by these and any other rules listed in newsletters, emails, brochures, and/or posted at the studio.

4. Jewelry - For the safety of your child and others, do not wear jewelry to class.

5. Liability - Performers and parents/guardians will not hold Pas De Deux Hawaii, LLC Members, Staff, Producers, Directors and Program Coordinators liable for injury or death while taking classes, taking part in events, recitals or rehearsals, and any other time they are at Pas De Deux's place of business or other affiliated events.

6. Parking - Industrial Zone - Park at your own risk. Pas De Deux Hawaii, Landlords, and surrounding businesses will not be held liable for damage. Studio parking lots are reserved for staff only. For everyone’s safety, there is no driving in the lots to drop off students. Please refrain from blocking the driveways as well. Read more info here.

7. Photo Waiver - Pas De Deux reserves the right to photograph performers in classes and rehearsals during performances, concerts, and events for the use of marketing and publicity. Your child's first and last name will only be used for artist development and promotion, i.e. programs.

8. Studio Closures Due To Weather or Unforeseen Events - No refunds, credits, or make-ups on group classes canceled due to inclement weather or other unforeseen/uncontrollable events. Private vocal and private dance lessons can be refunded or credited if notified within 24 hours.

9. TV/Film/Video Release - All rehearsals and scheduled dance, music or theatre classes, and performances in front of or without a live studio audience will be video recorded for future programming on Television, Film, and or Video and may be sold by and through Pas De Deux with an unlimited international release with no restrictions or payment to talent or subjects unless otherwise noted or negotiated.

10. Uniforms - Students will purchase and wear the assigned class uniform clothing and shoes at PDD for all classes within 30 days of enrolling and have their hair fixed in a performance bun (low bun with a middle part). Please avoid wearing baggy sweaters, jeans, or inappropriate footwear like slippers or sandals to class. See here for uniform requirements.

11. Vacation Policy - If a performer goes on vacation and notifies Pas De Deux in writing, we will hold your spot in the class as long as tuition is paid in full and on-time. Performers are able to attend make-up classes upon their return as long as the performer follows the make-up class policy of 3 total make-ups per class per season and once scheduled, cannot be rescheduled. If a performer drops the class for a vacation we cannot guarantee a spot in the desired class upon returning from vacation and will need to pay the $25 registration fee upon their return*. If a class is near full in this situation, a performer should expect to be placed on the waitlist upon return. If in an intermediate or advanced level class, re-enrollment into an upper level class after dropping is at the discretion of the teacher.


ACCOUNTS, FEES, & BILLING

*Annual Registration Fee – Charged once per season for all students and due at enrollment for all new students.

12. Additional Fees - At times, there will be additional fees not included in normal monthly classes that include, but are not limited to: performance fees, tickets, and costume fees.

13. Automatic Billing - A valid payment method on Auto-Pay is required for all accounts. Statements will be emailed on the 21st of the month for the next month. Auto-Pay will be processed on the 28th of each month. Tuition, registration and any class fees are due at the time of sign-up. Ongoing monthly tuition is due on the 1st of each month. All accounts must remain current. A 15% late fee will be applied to any outstanding balance, including tuition, costumes, registration, and other fees. Dancers with an outstanding balance between the 8th and 20th of the month will not be permitted to attend class until the account is brought current.

14. Email Address Required - PDD directors, staff, producers, coordinators, and front desk administration communicates mainly through email by sending information on current news/updates, as well as monthly billing statements. Email addresses, as well as other registration information will be kept current and all changes will be reported to the front desk so accounts can be updated as needed.

15. No Refund Policy - Tuition and registration fees are NON-REFUNDABLE and NON-TRANSFERABLE. Notification to withdraw from class must be received in writing by the 15th of the month in order to stop tuition payment for the following month. No exceptions. There is no refund for missed sessions. Pas De Deux offers make-up sessions as long as they are taken within a month of the missed sessions. Trials are strongly encouraged prior to registering and paying for fees.


CLASSES & PROMOTIONS

16. Attendance - Performers must attend 80% of regularly scheduled classes and rehearsals. If a performer does not attend class in 3 consecutive weeks without written notification of a trip, sickness or injury, they will be automatically dropped from the cast, daily call sheet and class billing will be due for classes missed. Students arriving 20 minutes or more late to a class will be marked absent for the day.

17. Class Participation Requirement - Performers whose attitudes and lack of focus are distracting to the class will receive one verbal and one written warning before they are recast and released from the program.

18. Exam Week - Will be held annually to assess your child's growth and progress. No trials or make-ups during this week. Progress Reports will be handed out in class during exam week. Promotions, if any, will occur shortly after the progress reports are issued and your instructor will notify you by email.

19. Drop-Off and Pick-Ups - Students should arrive no earlier than 15 minutes before the start of their class. Students must be picked up by parents/guardians immediately after classes end. A child not picked up more than 15 minutes after his/her last class ends will be charged a sitting charge of $1 for every minute after the allowed 15 minute pickup time.

20. Level Promotion Requirement - For promotions to apply; the student must be enrolled in applicable classes and tuition paid through the end of the session. Performers will be promoted in level based on their ability, attendance, and attitude in class, outside of class, and during performances and rehearsals. Teachers will notify parents of level promotions.

21. Level Requirements - New trials should be scheduled in Level 1 class for proper placement. For level requirements please refer to our schedule/requirements document.

22. Private Vocal Policy for Musical Theatre - Private vocal lessons must be booked at PDD via voice@pddhi.com.

23. Session Time - Parents should be aware that in order for teachers and choreographers to stay on schedule, the last 3-5 minutes of every class will be used for brief parent communication, restroom breaks, and change over of classes. Therefore, an hour class is really 55 minutes.

24. Trial Week - Trials are strongly encouraged to ensure that performers enjoy the class prior to registering. Tuition and registration fees are non-refundable. Trials are offered anytime the studio is open, with the exception of PDD event weeks (Spirit Week, rehearsals, costume checks, Exam Week, etc). If the class is full, a trial cannot be permitted. Please call the front desk at 808-671-0350 to schedule a FREE Trial. Performers need to be the age of the class they are trialing or enrolling in by Jan. 1st. Performers must be fully potty trained in order to trial and enroll. Families must schedule in advance for a trial and receive a confirmation that they are scheduled before coming to class. ALL trials, no matter what age or prior experience, must trial in a beginning/Level 1 class. We do not offer Trials for Private Lessons.


PERFORMANCES

25. Costumes, Performance Fees and Ticket Sales - All registered students are invited to perform in our annual recitals (June and December). Each class will present one number in the recital. All costume fees, balances, performance fees and ticket sales are non-refundable and non-transferable once committed to the show. Recital invites and performer contract details will be emailed 3-6 months prior to the performance.

-Performance Fee: $65 plus tax per student is due upon recital invite submission. Performance fee includes unlimited online access to recital videos and photos via Vimeo and Smugmug a few weeks after the performance once all edits are completed. A $15 Late fee will be assessed if you submit your form after the deadline. Sorry, no additional rebates or discounts apply.

-Recital Costume Fees: This applies to routines for recital only. Each genre will be assigned a routine and each routine will be assigned one costume. Costume fees are listed per class and do not include tax. Pricing for costumes will be $165 plus taxes and fees per routine. Pricing does not include the cost of dance shoes, undergarments, or tights (if applicable). Dance shoes, undergarments, and tights can be purchased through Step-N-Up Satellite Store. Required accessories will be emailed as soon as costume details are finalized so that you may make purchases in advance.

-Tickets: Online ticket prices for PDD Families per seat will be set at $45-$65 plus tax/processing fees. At the door ticket prices and general public pricing will increase to $75 plus tax/fees. More information will be released as it gets closer to presale. Seating is reserved and sells fast; purchase early to guarantee desired seating. PDD shows typically sell out, so plan to buy well in advance. Tickets will be available at the door only if there are remaining seats for sale. PDD does not guarantee availability. At the door tickets, if available, will be $75 exact per ticket. PDD is cashless so ticket sales need to be processed via credit or debit card. Children aged 2 and under can sit on a parent’s lap. All other children must purchase their own seat.

26. Performance Requirement - Performers must maintain good attendance to perform in the recital. PDD will issue yellow and pink slips for absences starting 3 months prior to a show for all classes and mandatory rehearsals. Students arriving 20 minutes or more late to a class will be marked absent for the day and an attendance slip will be issued. Students need to attend 80% of classes from Jan-June to maintain enrollment and participation. All financial investments will be forfeit if student is pulled due to low attendance.

1 Unexcused Absence = First Strike, Yellow Slip
2 Unexcused Absence = Second Strike, Pink Slip
3 Unexcused Absence = Not allowed to perform in the show
Excused Absence = sickness, injury, bereavement
2 Excused Absences = 1 Unexcused Absence
Unexcused Missed "Performance" = Not allowed to perform in the following performances and the next concert. Teachers will re-stage the number to no longer include that performer

27. Rehearsals - Class time will be used for rehearsals 6-8 weeks leading up to a show. Recital rehearsal will be counted as class (therefore no refunds or make-ups for classes). This includes dress and tech rehearsals, as well as performance dates.


MAKE-UPS & CANCELLATIONS

28. Make-ups - Make-ups will be allowed with the following guidelines: 3 make-ups allowed per yearly session per enrolled class. Make-ups must be completed within a month of the missed class and you must still be enrolled in the class to do make-up. No cross-genre classes for make-ups, unless no other class of the same type is offered. Class must be age and level appropriate. Once scheduled, make-up classes cannot be rescheduled. Make-ups for private music sessions must be coordinated with your music coach directly.

29. Private Voice Cancellations - Private Voice Sessions have a 24 hour cancellation policy. If you cannot attend a booked lesson, please email voice@pddhi.com as soon as possible. If a student doesn't show or doesn't contact our Vocal Department Coordinator to cancel his/her lesson with a notice of 24 hours, the account will be charged for the lesson and considered a no show.

30. Private Voice Session Make-Ups - There are no makeups for cancelled lessons. Charges are not applied for lesson cancellations if a 24 hour notice is given.

If you are enrolling in a Track or Level class, you are agreeing to perform in our annual recitals. Non-recital class options are available.

Company and Company Prep Dancers are also required to perform in annual recitals.