IllFX Entertaiment Inc.
COMMITMENT
In registering for a competitive program with illFX you are committing to a full year program, from September of this signing year to June of next year, and all the rules that apply to our programs.
CANCELLATION PROCEDURE:
Parents or adult students must provide written notice to illFX in order to withdraw from the program. Only written notice submitted via email will be accepted. This notice of termination must be received 15 days prior to the end of a given month or you will be charged for the following month. Once proper notice has been received, the monthly fees will be waived for the remainder of the program. On December 1 all costume and competition fees become non-refundable. There is no refund for missed classes or prepaid classes. The final day of cancellation is December 31 of each year or the the full tuition will be due for the remainder of the year regardless of if the student is in class or not.
Please note: You are responsible for payment of classes regardless of attendance until the time you submit written notice of intent to cancel.
LATE PAYMENT CONDITIONS
Any fees remaining unpaid for more than 30 days, will restrict the dancer from participating in classes, receiving costumes, and competing until said fees are paid. This includes costume, competition and monthly class fees. A $15 fee will be added to the account.
COMMUNICATION
Important information will be distributed by email in our Monthly newsletters. Newsletters will also be available on the illFX Education app. Important dates will be updated on the app so you can easily put them into your calendar at the beginning of the season.
Studio Rules
ABSENCES
Students can be excused from class once they have reported the absence via the parent portal. More than two un-verified absences can result in removal from sections of choreography, and more than five un-verified absences will result in removal from the program.
You will be able to log on to zoom in your absence and view the class at home and still participate. This will be expected of all students unless you are hospitalized or extremely ill.
NO FOOD OR DRINK is allowed in the dance studios other than bottled water.
Any lost or missing items are the responsibility of the student, and not of the studio. Please check with the DJD lost and found.
All students must have clean indoor non marking shoes; no street shoes will be allowed in the studio.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY
AGREEMENT
PLEASE READ CAREFULLY!
The Participant must sign this Agreement and, if applicable, the Participant’s parent/guardian (if applicable,
when the Participant is younger than 18 years old) before participation. The Participant acknowledges and
agrees to the terms outlined in this Agreement. When the Participant is a minor, the Participant’s
parent/guardian acknowledges and agrees to the terms on behalf of the Participant, and references in this
document to the Participant agreeing to or acknowledging a risk or term is understood to be referring to the
Participant’s parent(s)/guardian(s) agreeing to or acknowledging the risk or term on behalf of the Participant.
ACTIVITIES AND ACKNOWLEDGMENT OF RISKS
1. The Participant enters this Agreement with Illfx Entertainment Inc., including but not limited to its
respective directors, officers, members, shareholders, staff, owners, agents, sponsors, instructors,
choreographers, owners/operators of the facility where the Activities occur (collectively the
"Corporation"). The Participant acknowledges and agrees that participation in dance activities, programs,
lessons, training, classes, performances, competitions, showcases and use of the Corporation’s facilities
and equipment (collectively, the "Activities") is contingent upon signing this Agreement.
2. The Participant agrees to comply with all rules and regulations set forth by Illfx Entertainment Inc. for
participation in the Activities and use of the facilities. Participation in the Activities involves inherent risks,
hazards and dangers that no amount of care, caution or expertise can eliminate, including, without
limitation, the potential for serious bodily injury, permanent disability, paralysis, and loss of life. These
risks include:
a) Ability: failing to act safely or within the Participant’s own ability or within designated areas
b) Advice: any advice, instruction, training, or guidance regarding the Activities, whether provided by
instructors, staff, or other participants
c) Contact: Contact with participants, sports equipment, or other persons; and other contact that may
lead to serious bodily injury, including but not limited to concussions and/or other brain injury or
serious spinal injury
d) Conduct: the Participant’s conduct and conduct of other persons, including any physical altercation
between participants
e) Health: executing strenuous and demanding dance techniques; physical exertion; overexertion;
extensive stretching; dehydration; fatigue; cardiovascular risks; orthopedic injuries; rapid movements
and stops; repetitive stress injuries; lack of fitness or conditioning; traumatic injury; sprains and
fractures; foot, ankle, knee, hip, and back injuries; eating disorders; bacterial infections; rashes; and
the transmission of communicable diseases, including viruses of all kinds, COVID-19, bacteria,
parasites or other organisms or any mutation thereof, or other medical emergencies
f) Injuries: Injuries such as death, serious neck and spinal cord injuries which may render the Participant
permanently paralyzed or brain damaged; serious injury to virtually all bones, joints, ligaments,
muscles, tendons and other aspects of the body; and concussions or other head injuries, including but
not limited to, closed head injury or blunt head trauma
g) Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects or
barriers that are a part of the premises such as walls and stands; dangerous, unsafe, or irregular
conditions on the floor or other surfaces; and travel to and from the premises
h) Dance: all forms of dance and performance, including but not limited to: ballet, jazz, contemporary,
hip-hop, tap, acrobatic dance, and their inherent risks, including but not limited to: jumping, leaping,
turning, spinning, lifting, partner work, floor work, acrobatic movements, technical combinations,
choreographed routines, improvisation, rehearsals, performances, competitions, and showcases;
physical contact with other dancers during partner work or group choreography; quick directional
changes; repetitive movements; and extended periods of physical exertion
i) Use of equipment: use of dance equipment including but not limited to barres, mirrors, dance floors,
props, costumes, shoes (including pointe shoes, tap shoes, jazz shoes), sound systems, staging
equipment, theatrical elements; mechanical failure of the equipment; negligent design or manufacture
of the equipment; the provision of, or the failure by, the Corporation to provide any warnings,
directions, instructions or guidance as to the use of the equipment; failure to wear appropriate dance
attire and footwear; and failure to use or operate equipment within the Participant’s own ability
j) Travel: travel to and from the Activities
3. Such risks may result from the Participant’s own actions or inactions, the actions or inactions of others,
the conditions of the premises, equipment failure or malfunction, or the negligence of the Corporation or
otherwise.
TERMS
4. In consideration of the Corporation allowing the Participant to participate in the Activities, the
Participant agrees:
a) That the Participant’s mental, emotional and physical condition is appropriate to participate in the
Activities, the Participant (or the Participant’s parent/guardian, if applicable) is trained for the
Activities, has not been advised against participation by any healthcare provider and assumes all
risks related to the Participant’s mental and physical condition
b) To cease any activity immediately should they feel any discomfort, pain, dizziness, or any other
symptoms that may indicate a potential health risk or injury and to seek medical advice as necessary
c) To be solely and fully financially responsible for all costs associated with any emergency medical
treatment, transportation, subsequent medical care, rehabilitation, and ongoing treatment that may
arise from participation in the Activities
d) To comply with the rules of the Activities or equipment as well as any directions or instructions from
the Corporation
e) The risks associated with the Activities are increased when the Participant is impaired, and the
Participant will not participate if impaired in any way
f) That it is the Participant’s sole responsibility to assess whether any Activities are too difficult for the
Participant. By the Participant commencing an Activity, the Participant acknowledges and accepts the
suitability and conditions of the Activity
g) That if the Participant observes an unusual significant hazard or risk, the Participant will remove
themselves from participation
h) That the Participant is responsible for choosing the Participant’s gear, equipment, safety or
protective equipment and the secure fitting of that equipment
i) To remove themselves if at any time the Participant senses or observes any unusual hazard or unsafe
condition or if the Participant feels they have experienced any deterioration in their physical,
emotional or mental fitness; or that of their protective clothing, gear or equipment
j) That the Participant is fully responsible for any loss, theft, damage or destruction of personal
property, including but not limited to clothing, equipment, vehicles, and valuables, whether in
lockers, common areas, or anywhere on the premises, and releases the Corporation from any liability
related to such losses of personal property and any costs associated
k) The Participant represents and warrants that they have secured and will maintain appropriate
primary and extended medical insurance coverage throughout their participation in the Activities
and agrees to provide proof of such insurance upon request by the Corporation
l) This Agreement will be construed and governed by the laws of the Province of Alberta, and the
parties submit to the exclusive jurisdiction of the courts of Alberta
INDEMNITY, RELEASE AND WAIVER OF CLAIMS
5. The Participant acknowledges and agrees to the following terms:
a) To an unqualified assumption of all risks arising out of, associated with or related to, participation in
the Activities and waives all claims that the Participant may have now or in the future against the
Corporation.
b) To accept and fully assume all such risks and possibility of personal injury, death, property damage,
expense, and related loss, including loss of income, resulting from participation in the Activities.
c) To forever indemnify and release the Corporation from any and all liability for any and all claims,
demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions,
judgments, and costs (including legal fees) (collectively, the “Claims”) which the Participant has or may
have in the future, that might arise out of, result from, or relate to, participation in the Activities, even
though such Claims may have been caused by any manner whatsoever, including but not limited to,
the Corporation’s negligence, gross negligence, negligent rescue, omissions, carelessness, breach of
contract and/or breach of any statutory duty of care of the Corporation, including any compounding
or aggravation of injuries caused by negligent rescue.
d) To provide a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS the Participant
has, or may in the future, against the Corporation from any and all liability for any loss, damage, injury
or expense that the Participant may suffer as a result of their use of or presence at the Corporation or
participation in any part of, or presence in any capacity in the Activities, due to any cause whatsoever,
INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY
STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE
RELEVANT OCCUPIERS LIABILITY ACT ON THE PART OF THE CORPORATION.
e) NOT TO SUE THE CORPORATION, whether directly or indirectly, from the Participant’s participation
in any aspect(s) of the Activities; and
f) To SAVE and HOLD HARMLESS the CORPORATION, and each of them, from any litigation expense, legal
fees, liability, damage, award or cost of any form or type whatsoever they may incur due to any claim
made against them or any one of them by the Participant or on the Participant’s behalf, or that of the
Participant’s estate, whether the claim is based on the negligence or the gross negligence of the
Corporation or otherwise as stated above.
g) The Participant agrees that this Agreement extends to all acts of negligence or gross negligence by the
Corporation and is intended to be as broad and inclusive as permitted by the laws of Alberta.
h) This Agreement applies to all Activities and facilities provided by or available at the Corporation,
whether supervised or unsupervised, including but not limited to training areas, locker rooms, viewing
areas, and parking facilities.
SEVERABILITY
6. If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision shall be deemed
severable. The invalidity, illegality, or unenforceability shall not affect the remaining provisions. A valid
provision that most closely approximates the intent and economic effect of the invalid provision will be
substituted, and the remaining provisions shall continue in full force and effect.
ACKNOWLEDGMENT
7. The Participant acknowledges and agrees that they have been provided with a reasonable opportunity to
review and consider the terms and conditions of this Agreement before signing, and by signing this
Agreement, confirms that they have read, understood, and voluntarily agreed to be bound by all terms and
conditions contained herein, and have been given the opportunity to consult with legal counsel of their
choice. After this review period, the Participant voluntarily accepts the terms and conditions without
undue influence or duress. The Participant affirms that they are fully aware of the risks and hazards
associated with the Activities offered by the Corporation, including but not limited to physical injury,
illness, and, in extreme cases, death. The Participant acknowledges that participation in any Activity
conducted by the Corporation is entirely voluntary and that they choose to participate despite the risks. If
requested by the Participant, the Participant agrees to attend a pre-activity briefing for risk and terms
explanation.
8. The Participant acknowledges that they have read and understand this Agreement, executed it voluntarily,
and is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next of kin,
executors, administrators and legal or personal representatives. They further acknowledge that by signing
this Agreement, they have waived their right to maintain a lawsuit against the Corporation on the basis of
any claims from which they have released herein.
THIS IS A BINDING LEGAL AGREEMENT. CLARIFY ANY QUESTIONS OR CONCERNS BEFORE SIGNING.
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO
SUE.