RISK AND WAIVER OF LIABILITY I understand that the risk of omissions, or negligence of myself and others, including, but not limited to, The Vault Dance Studio employees, private contractors, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at The Vault or participation in The Vault programing (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless The Vault Dance Studio, its employees, private contractors, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses, of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The Vault, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Vault Dance Studio class, rehearsal, private lesson, etc.
HEALTH WARRANTY, ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY
Health Warranty: Buyer represents that the member covered under this Agreement is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of engaging in active or passive exercise.
Assumption of Risk and Release:
The use of the facilities at The Vault Dance Studio naturally involves the risk of injury to you, whether you or someone else cause it. As such, you understand and voluntarily accept this risk. You agree that The Vault Dance Studio, Ces't La Vie, LLC will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you, your spouse or partner, guest, unborn child, or relatives resulting from the negligence of The Vault Dance Studio, Ces't La Vie, LLC, anyone on The Vault Dance Studio behalf or anyone using The Vault Dance Studios’ facilities.
No Release for Willful Misconduct: The Vault Dance Studio will not be released from liability for any acts of willful misconduct.
WAIVER AND RELEASE AGREEMENT
All sessions, classes, use of studio facilities, use of studio-provided equipment (whether during a class or otherwise) and use of any apparatus located within the facility shall be at the participant’s sole risk. The participant understands that the decision to use any equipment or apparatus, or the selection of programs, methods and types of equipment, shall be solely the participant’s responsibility and The Vault Dance Studio, Ces't La Vie, LLC, shall not be liable to participant for any claims, demands, damages or causes of actions due to injury to participant’s person or property arising out of or in connection with the use by participant of the services, facilities and/or premises of The Vault Dance Studio regardless of whether the injury or damages were caused by the negligence of The Vault Dance Studio, its employees or its agents. This waiver and release specifically applies to claims of negligent instruction and/or supervision that may arise as a result of injuries sustained during classes or individual training sessions. Although The Vault Dance Studio instructors may provide guidance during a class or individual session, it is the sole responsibility of the participant to discontinue participation in any activity he or she feels is beyond his or her capability to safely perform and The Vault Dance Studio will not be responsible for any injuries or damages arising from participant’s engagement in any activities at The Vault Dance Studio regardless of whether they were caused by the negligence of The Vault Dance Studio, its employees, contractors, or its agents.
It is expressly agreed that the use of all The Vault Dance Studio facilities (including but not limited to studio areas, retail areas, parking lots, restrooms, etc.), without limitation and whether engaging in exercise activities or not, shall be undertaken by the participant at his or her sole risk. The Vault Dance Studio shall not be liable for any injuries or damages to participant, or the property of participant, or be subject to any claim, demand, damages or causes of action arising out of the use of, or occurring on, any of The Vault Dance Studio owned, operated or controlled premises regardless of whether it was caused by the negligence of The Vault Dance Studio, its employees, contractors, or its agents. It is agreed that this waiver and release agreement applies to any and all incidents occurring on any The Vault Dance Studios owned, operated or controlled premises, including slip or trip and fall incidents, regardless of the cause.
The scope of this waiver and release agreement specifically includes any and all injuries sustained on the premises of The Vault Dance Studio facility and during any event or program organized or operated by The Vault Dance Studio away from its facilities (including, but not limited to, parks, beaches, community centers, schools, etc.).
The participant also expressly acknowledges that by signing below he or she is relinquishing all rights he or she may have to sue The Vault Dance Studio for injuries arising out of the use of any of The Vault Dance Studio facilities or its services. This release is intended to be interpreted as broadly as allowed under the law of the state of California, where The Vault Dance Studio facility is located.
WAIVER OF CLAIMS OF DEFECTIVE EQUIPMENT
You understand and acknowledge that The Vault Dance Studio does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, you understand and acknowledge that The Vault Dance Studio is providing solely recreational services and may not be held liable for defective products.
WAIVER OF CLAIMS FOR THIRD PARTY SUPPLIERS
The Vault Dance Studio makes arrangements with accommodation providers, activity providers, and other independent parties (“Third Party Suppliers”) to provide you with your program. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of services that form part of the program. Although The Vault Dance Studio takes all reasonable care in selecting Third Party Suppliers, The Vault Dance Studio is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Student acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and The Vault Dance Studio does not warrant that any Third Party Supplier is in compliance with the laws of the Client's country of residence, or any other jurisdiction.
THE VAULT DANCE STUDIO IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN THE VAULT DANCE STUDIO AND ITS EMPLOYEES.
As a condition of participation in programs offered by The Vault Dance Studio, a DBA of Cest' La Vie, LLC ("Studio"), I, the undersigned parent/legal guardian, hereby grant permission to The Vault Dance Studio / Cest' La Vie, LLC, its owners, employees, independent contractors, instructors, representatives, agents, successors, and assigns to photograph, videotape, record, livestream, and otherwise capture my child's image, likeness, voice, name, performances, and participation in studio classes, rehearsals, private lessons, camps, competitions, showcases, recitals, special events, and related activities.
I understand and agree that such photographs, videos, recordings, livestreams, and other media may be used by The Vault Dance Studio / Cest' La Vie, LLC for lawful promotional, educational, marketing, advertising, social media, website, print, digital, fundraising, public relations, and archival purposes without compensation or additional consent.
I further understand and agree that:
The Studio may edit, reproduce, publish, distribute, display, transmit, broadcast, or otherwise use such media in any format or medium now known or later developed.
Such media may be used on the Studio's website, social media platforms, newsletters, advertisements, promotional materials, recital programs, competition materials, and other marketing or business-related communications.
I waive any right to inspect, review, or approve the finished product, publication, or specific use of the media.
I acknowledge that once media is published online or shared through third-party platforms, the Studio cannot control further distribution or use by others.
I release, waive, and hold harmless The Vault Dance Studio, Cest' La Vie, LLC, and their respective owners, employees, contractors, instructors, agents, and representatives from any claims, demands, damages, liabilities, costs, or causes of action arising from or related to the use of my child's likeness, image, voice, name, or performance as authorized herein.
I understand that no compensation, royalties, or other payment will be provided to me or my child for the use of such media.
This authorization shall remain in effect indefinitely and shall apply to all current and future participation with The Vault Dance Studio unless revoked in writing. Any revocation shall apply only to future media captured after the date of revocation and shall not require the removal of previously published or distributed materials.
By signing below, I certify that I am the parent or legal guardian of the minor named below, that I have the authority to execute this release on their behalf, and that I have read, understood, and voluntarily agree to the terms of this Use of Likeness Release and Consent.
By accepting these membership agreement terms and conditions and waiver of liability, you are certifying that you are at least 18 years old and that you have reviewed and agree to the Terms and Conditions of this Agreement. You further understand that you are responsible for payments described herein and elsewhere on the The Vault Dance Studio website.
