At SB Elite, LLC. Dance Training Center (“SB Elite), we prioritize the safety and well-being of the students who are selected to join our program. To ensure a positive and safe learning environment, we require all participants/students, parents of minor child participants/students, and others who may observe a class, rehearsal, program, activity or event to read, agree to, and sign the following Waiver & Release as a condition of participating in or observing SB Elite Dance Program related classes, rehearsals, programs, activities and events.
In exchange for the opportunity to participate in and/or or observe SB Elite auditions, classes, rehearsals, programs, activities, and events, I (the undersigned) agree on behalf of myself and my minor child(ren)(if any) to the following terms and conditions:
PERSONAL RESPONSIBILITY
I and/or my minor child(ren) (if any) agree to abide by all safety guidelines, rules, and instructions (regardless of whether safety-related or not) included in this document and/or provided to me and/or my minor child(ren) orally or in writing by SB Elite’s owners, instructors, staff, volunteers, and/or consultants during SB Elite auditions, classes, rehearsals, programs, activities and events. I understand that failure to comply with safety guidelines or any instructions provided may result in (1) immediate revocation of authorization to participate in or observe a current and/or future SB Elite class, rehearsal, program, activity, or event; (2) disqualification from participating in the SB Elite dance program and/or future SB Elite related rehearsals, programs, activities and events, (3) immediate removal from the premises, and/or (4) forfeiture of any fees paid to participate in or observe SB Elite classes, rehearsals, programs, activities, or events.
Given the close proximity within which dancers and instructors work with each other in the SB Elite program, I also agree on behalf of myself and/or my minor child(ren) (if any) to not arrive for a class, rehearsal, program, activity, or event while contagious or visibly sick. Participants/students, parents, guests, and other visitors who have or show symptoms of a potentially contagious illness or who have a fever over 100 will not be admitted to the studio or location where an SB Elite activity, program, or event is taking place. If a participant/student cannot attend a class, rehearsal, activity, or event due to illness, SB Elite may choose, but is not required, to reschedule it.
OBSERVER VIEWING
SB Elite prides itself on creating a professional, encouraging, and safe learning environment for its participants/students and guests. When participants/students step into the SB Elite studio, it is important that they can fully trust and focus on their instructor.
I agree on behalf of myself and/or my minor child(ren) (if any) not to interfere with the class, rehearsal, program, activity, or event in any way or to engage in any conduct or behavior that could be distracting, unsettling, demotivating, or disruptive for the participants/students or others who are learning, rehearsing, or otherwise participating in SB Elite program activities. I also agree on behalf of myself, minor child, and any others who may be accompanying me in the studio, to exhibit appropriate behavior in and out of the studio and towards other participants/students as well as towards SB Elite owners, instructors, employees, volunteers, consultants, agents, guests, and other observers. Those who fail to adhere to this expectation will be asked to leave the premises and/or may be disqualified from participation in the SB Elite program.
OBSERVER PHOTOGRAPHS AND VIDEO RECORDINGS
Due to the personal nature of our work with participants/students, some participants/students may feel uncomfortable about learning, rehearsing, and/or performing in front of others while being recorded (audio or visual) or having their photographs taken by individuals other than SB Elite authorized personnel. To create a comfortable and safe learning environment, and to ensure the privacy of our participants/students during participation in the SB Elite Dance Program, SB Elite specifically prohibits parents, guests/visitors, and other participants/students from using personal devices (e.g., phones, tablets, cameras, recording devices, etc.) for taking photographs or otherwise recording (audio or visual) on SB Elite property and/or during SB Elite classes, rehearsals, programs, activities, and non-public events without the express written permission of SB Elite authorized personnel.
SB Elite expects all participants/students, parents, and guests/visitors to respect the privacy of SB Elite participants/students and to refrain from posting photographs and recordings of SB Elite participants/students on social media or in print media without express permission from SB Elite and the individuals depicted in the photographs and recordings. I understand that permission to photograph or record, if granted, may be limited in scope to the individual activity or event and/or to an individual participant/student or designated group.
SB ELITE PHOTOGRAPHS AND VIDEO RECORDINGS
I, on behalf of myself and/or my minor child(ren) (if any), expressly grant SB Elite permission without exception to photograph, videotape, and/or record my likeness and/or voice and that of my minor child(ren)’s during auditions, classes, rehearsals, programs, activities or events for promotional and educational purposes. I understand that these materials may be used in print, online, and social media platforms, and I waive any and all rights I or my child(ren) may have to be compensated for such use or to be consulted prior to publication.
MEDICAL AUTHORIZATION
By signing this Waiver & Release, I confirm that neither I nor my minor child(ren) (if any) have any health or physical condition(s) which would hinder my or my minor child(ren)’s ability to participate in the SB Elite Dance Program with or without an accommodation or which might cause the instruction, rehearsal, or performance process to be unsafe to me or my minor child(ren)’s health and well-being or the health and well-being of others. I also acknowledge and confirm that I am solely responsible for ensuring that I and/or my minor child(ren) have adequate health insurance coverage in place at the time of instruction, rehearsal, and performance that would cover any injuries or illness sustained while auditioning for, participating in, or observing dance activities related to the SB Elite Dance Program. I am aware that SB Elite does not provide separate insurance.
I authorize SB Elite to seek medical treatment on my behalf or my child(ren)’s behalf in the event of an emergency or injury occurring during classes, rehearsals, programs, activities and events, if deemed necessary. I voluntarily consent to receive emergency medical care, including but not limited to first aid, CPR, administration of medication, and transportation to a medical facility, if deemed necessary by the SB Elite staff or authorized personnel. I understand that every effort will be made to contact emergency contacts listed on file before initiating any medical treatment. I understand that I am solely responsible for any medical and transportation expenses incurred because of such treatment. I release and hold harmless SB Elite, its owners, instructors, employees, consultants, volunteers, and agents from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any emergency medical treatment provided to me or to my minor child(ren) during my or my child(ren)’s audition with, participation in, and/or observance of dance activities related to the SB Elite Dance Program.
CUSTODIAL PARENTING AGREEMENTS (APPLICABLE TO MINOR PARTICIPANTS/STUDENTS)
SB Elite does not have authority to review or interpret parental visitation or custodial agreements that may apply to parenting time with a minor child who is an SB Elite participant/student. I understand that as a parent of a minor child participant/student, I am solely responsible for ensuring that parental visitation or custodial agreements applicable to my minor child participant/student are strictly adhered to during their participation in SB Elite classes, rehearsals, programs, activities or events, including ensuring that they arrive and are picked up at the designated times.
Parents may observe SB Elite classes, rehearsals, programs, activities, or events only if (1) granted permission by SB Elite (not all guests are permitted to observe), (2) presence or observation is not prohibited by a custodial or visitation agreement and any other applicable court order, and (3) their presence, or the presence of more than one parent or family member, is not disruptive or distracting to the minor child participant/student. I understand that these expectations apply to local and out-of-town SB Elite classes, rehearsals, programs, activities or events.
LOST/STOLEN ITEMS
I understand and acknowledge that while participating in SB Elite classes, rehearsals, programs, activities and events, there is a risk of loss or theft of personal belongings. I, on behalf of myself and/or my minor child(ren) (if any), hereby release and hold harmless SB Elite, its owners, instructors, employees, volunteers, consultants, and agents from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to the loss or theft of personal belongings. I acknowledge that I am solely responsible for the security and safekeeping of personal belongings while on the SB Elite premises and that SB Elite cannot guarantee the safety of those personal belongings. I understand that SB Elite is not liable for any lost or stolen items, including but not limited to electronic devices, wallets, backpacks, gym bags, jewelry, clothing, or other types of personal property.
VIOLENCE & WEAPONS STRICTLY PROHIBITED
SB Elite strictly prohibits violence and other aggressive or threating conduct onsite at any SB Elite location or during SB Elite auditions, classes, rehearsals, programs, activities and events. Participants/students, parents, family and friends, and other guests/visitors must refrain from engaging in aggressive, intimidating, or threatening behavior including heated arguments, disagreements or fighting with SB Elite owners, employees, volunteers, consultants, agents, other parents, guests, observers, and visitors to SB Elite locations. Horseplay or other conduct that could be dangerous to participants/students or other guests/visitors is also strictly prohibited.
Regardless of whether you possess a concealed weapon permit or are otherwise allowed by law to possess and carry a weapon, possession, sale or use of weapons on SB Elite property or at an SB Elite class, rehearsal, program activity or event is also strictly prohibited. “Weapons” include, but are not limited to, guns of any kind, knives, explosives, and any chemical or device whose purpose is to cause harm to another person. Multi-function tools like a Leatherman or Gerber and approved medical devices are permitted as long as they are used for a business purpose and not in a manner that would threaten or harm another person.
ASSUMPTION OF RISK & RELEASE OF LIABILITY
I understand and acknowledge that participation in SB Elite classes, rehearsals, programs, activities or events involve inherent risks, including but not limited to physical injury (including serious injury, severe disability, or death), emotional distress, and property damage. These risks could include, but are not limited to, those caused by: (1) the actions, inactions, or negligence of others regardless of whether affiliated with SB Elite; (2) the spread of infectious diseases; (3) acts of nature, severe weather, or events beyond the control of SB Elite; (4) conditions of the premises or equipment used during SB Elite program activities; and (5) risks of injury that are unknown or unforeseeable to SB Elite at the time of my audition for, participation in, or observation of SB Elite classes, rehearsals, programs, activities or events. I also understand and acknowledge that such physical or emotional injury, loss, or damage could occur to me or my child(ren) (if any) acting as a participant/student, or while observing another person’s audition, instruction, rehearsal, or performance, or while visiting SB Elite as a guest in the facility where the audition, class, rehearsal, program, activity or event is taking place. I, on behalf of myself and/or my minor child(ren) (if any), voluntarily and knowingly assume all such risks without limitation or exception.
Prior to my or my minor child(ren)’s participation in the SB Elite auditions, classes, rehearsals, programs, activities or events, I understand and acknowledge that I will be given an opportunity by SB Elite to examine and inspect the facilities and equipment that will likely be used during dance activities. If I believe that it would be unsafe to participate, I and/or my minor child(ren) (if any) will not engage in dance activities and instead will immediately notify SB Elite staff of my concerns. I agree not to engage or otherwise participate in, or to allow my minor child(ren) to engage or otherwise participate in, SB Elite related classes, rehearsals, programs, activities or events if I do not believe it would be safe to do so.
In consideration for being permitted to audition with, participate in, and/or otherwise observe activities at SB Elite, I, on behalf of myself and/or my minor child(ren) (if any), also voluntarily and knowingly release, waive, and forever discharge all possible claims under any theory whatsoever under federal, state, and local law, contract, tort, and common law, against SB Elite, as well as its owners, instructors, employees, consultants, volunteers, agents, and affiliates (individually and/or collectively) for any injuries (including death), damages or losses of any kind arising from or connected to my or my child(ren)’s audition with, participation in, and/or observation of SB Elite classes, rehearsals, programs, activities or events.
If it is determined by a court or governing body that a party to this Waiver & Release violated its terms or promises contained herein, then such breaching party shall reimburse the non-breaching party for its reasonable costs and attorneys’ fees incurred in defending and/or enforcing its rights under this Agreement, including all demands, primary litigation actions, and appeals.
INDEMNIFICATION
In consideration of participating in SB Elite classes, rehearsals, programs, activities or events, I agree on behalf of myself and/or my minor child(ren) (if any) to indemnify and hold harmless SB Elite, its owners, instructors, employees, volunteers, consultants, and agents from any and all claims, demands, actions, liabilities, damages and losses of any kind or character, costs, and expenses (including reasonable attorney's fees) arising out of or related to my and/or my minor child(ren)’s conduct that causes harm, injury, or damage to others or to the property of others. Such indemnification shall also include all expenses, costs, collection fees, and reasonably attorney fees SB Elite may incur in its’ efforts to seek indemnification and/or reimbursement from me or on behalf of my minor child(ren).
TUITION & AUTOPAY (APPLICABLE TO PARTICIPANTS/STUDENTS)
All SB Elite program enrollments are completed online through the SB Elite program portal and are contingent upon timely execution of this and other required SB Elite contracts and agreements. Families will create an account and provide a credit card or checking account to keep on file. The amount and terms of tuition will be governed by the SB Elite Financial Agreement to be executed by SB Elite and the participant/student or parent of the minor child participant/student.
Tuition payments are due monthly and are not dependent on the number of classes, rehearsals, programs, activities or events in the month or number of those activities completed by the participant/student. Tuition is charged to the card on file, along with any processing fees and any outstanding balances on the last day of the month for the upcoming month. There is a $20 late fee for tuition paid after the 10th of each month. Declined cards will also incur a $25 fee. We accept Visa, MasterCard, Discover, and American Express.
NO REFUNDS POLICY
Audition fees, observer/guest fees, and fees, costs, and expenses paid to attend or participate in an out-of-town event are non-refundable in all circumstances.
Designated tuition, fees, and costs are due for the enrolled program year and are non-refundable regardless of the number of classes, rehearsals, programs, activities or events the participant/student attends. SB Elite does not issue refunds for illness, medical emergency, disability, family emergencies, vacations, inclement weather, moving/relocation, extracurricular activities, inability to attend or participate in an SB Elite class, rehearsal, program, activity or event for circumstances within or beyond the participant/student’s or SB Elite’s control, or under any other circumstance. There are also no refunds for voluntary or involuntary withdrawal or disenrollment from the program. This provision applies regardless of whether the reason for the absence, withdrawal or disenrollment was known or unknown, anticipated or unanticipated, planned or unplanned, within or outside of the participant/student’s and/or family’s control or the control of the SB Elite.
SB ELITE’S RIGHT TO DISENROLL PARTICIPANT/STUDENT
I understand that SB Elite reserves the right to disenroll a participant/student from the SB Elite program without consent or prior notice under the following circumstances:
(1) The participant/student’s behavior, lack of cooperation, or lack of participation is deemed unacceptable or unproductive by SB Elite.
(2) The participant/student and/or the parent, guardian, family member, or friend of the participant/student engages in behavior that SB Elite deems to be inappropriate or unacceptable on SB Elite property or at an SB Elite class, rehearsal, program, activity or event.
(3) The participant/student and/or the parent, guardian, family member, or friend of the participant/student states, publishes, or posts (regardless of venue or forum) negative, derogatory, disparaging, or defamatory comments or behaviors towards or about SB Elite owners, staff, consultants, volunteers, or contractors that SB Elite, within its sole discretion, perceives as hostile, threatening, disparaging, or casting a negative light on the SB Elite Dance Program and its personnel or participants/students.
(4) Tuition payments are more than 30 days overdue.
(5) A threat exists to the safety and welfare of the participant/student that is the subject of this Agreement or to other participants/students.
(6) If SB Elite, in its sole discretion, determines that the learning, educational, health or safety needs of the participant/student are no longer being met or able to be met for any reason within the SB Elite Dance Program; or
(7) For any other reason deemed by SB Elite as warranting disenrollment of the participant/student from the SB Elite program to preserve and protect the best interests of the program, the needs and best interests of the individual participant/student, and/or the nurturing learning environment for all participants/students in the SB Elite Dance Program.
I understand and agree that if SB Elite chooses, within its sole discretion, to disenroll me or my minor child(ren) participant/student, there are NO REFUNDS for voluntary or involuntary withdrawal or disenrollment from the SB Elite program.
GOVERNING LAW / SEVERABILITY
This Waiver & Release shall be construed and governed by the substantive laws of the state of Washington. If any part or provision of this Agreement is deemed invalid or unenforceable under applicable law, the validity of the remaining provisions shall be unaffected and remain in full force. To the extent that any provision shall be determined to be invalid or unenforceable by a court of law or governing agency because it is overbroad, that provision shall not be void; rather, it shall be interpreted by the court with a reasonable and appropriate limitation to the extent required by law to be valid and enforceable and be enforced consistent with such limitation. Unless otherwise agreed to by the parties, any litigation arising in connection with the execution and/or operation of this agreement shall be brought in Benton County, the county in which SB Elite operates its primary place of business within the State of Washington.
VOLUNTARY CONSENT
By signing this Wavier & Release, I acknowledge that I have read, understood, and voluntarily agree to all terms and conditions outlined herein. I understand that this waiver is legally binding and remains in effect for all present and future audition and dance-related activities at SB Elite. I also understand that I am giving up substantial rights on behalf of myself and/or my minor child(ren) (if any) by agreeing to these terms, including my or my minor child(ren)’s right to sue. I acknowledge that I am signing this agreement knowingly and voluntarily and intend by my signature and agreement for this to be a complete and unconditional release of liability to the greatest extent permitted by applicable law.
By signing below, I acknowledge that I am the lawful parent and/or guardian of the minor child listed above and that I have the legal right to execute this Waiver & Release on their behalf without limitation, exception, or consent of another custodial parent or guardian of the minor child.
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