1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a Participant in activities, programs, classes, services provided and events sponsored or organized by Village Youth Conservatory and its affiliated programs (collectively the “Organization”) and the activity of music classes, including but not limited to: rehearsals, classes, performances, or recordings (collectively the “Activities”), the undersigned being the Participant and Participant’s Parent/Guardian (collectively the “Parties”) acknowledges and agrees to the following terms outlined in this agreement:
2. I am the Parent/Guardian of the Participant and have full legal responsibility for the decisions of the Participant.
Description of Risks
3. The Parties understand and acknowledge that:
a) The Activities have foreseeable and unforeseeable 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;
b) Village Youth Conservatory may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming;
c) Village Youth Conservatory has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of the Participant’s preexisting conditions or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction; and
d) The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. Village Youth Conservatory has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, attending the Activities could increase your risk of contracting COVID-19.
4. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers, and hazards. The risks, dangers and hazards include, but are not limited to:
a) Contracting COVID-19 or any other contagious disease;
b) Executing strenuous and demanding physical techniques;
c) Vigorous physical exertion, strenuous cardiovascular workouts, and rapid movements;
d) Exerting and stretching various muscle groups;
e) The failure to safely use any piece of equipment or from the mechanical failure of any piece of equipment;
f) Serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the Participant’s body or to the Participant’s general health and well-being;
g) Abrasions, sprains, strains, fractures, or dislocations;
h) Privacy breaches, hacking, technology malfunction or damage;
i) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;
j) Physical contact with other participants, spectators, equipment, and hazards;
k) Weather conditions. I/We have read and agree to be bound by paragraphs 1 and 4
5. In consideration of the Village Youth Conservatory allowing the Participant to participate in the Activities, the Parties agree:
a) That the Participant’s mental and physical condition is appropriate to participate in the Activities;
b) That when the Participant practices or trains in his or her own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant;
c) To comply with the rules and regulations for participation in the Activities;
d) To comply with the rules of the facility or equipment;
e) That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring such to the attention of an Organization representative immediately;
f) The risks associated with the Activities are increased when the Participant is impaired, and the Participant agrees not to participate if impaired in any way;
g) That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity;
h) That COVID-19 is contagious in nature and the Participant may be exposed to or infected by COVID-19 and such exposure may result in personal injury, illness, permanent disability, or death and voluntarily agree to assume all of the foregoing risks.
6. In consideration of the Village Youth Conservatory allowing the Participant to participate, the Parties agree:
a) That the Parties are not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to be involved in the Activities; and b) That the Organization is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities. I/We have read and agree to be bound by paragraphs 4-6
7. The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the state of Massachusetts and they further agree that the substantive law of Massachusetts will apply without regard to conflict of law rules.
8. The Parties expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.
9. The Parties acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives.