This Enrollment and Release and Indemnity Agreement (this “Agreement”) informs you about your responsibilities and assumption of risks, and includes a photo release, a release of liability, indemnification and surrender of certain legal rights.
Parents(s) or legal guardian(s) (collectively, “parent” or “parents”) of any participating minor (“minor” or “child”) shall sign this Agreement. Participating minors shall also sign. “You,” “your” or other second person references shall include both the parent and the minor, unless context requires otherwise. References to “participant” include both minor and adult participants.
In consideration of the services of Bellevue Classical Ballet, LLC, its agents, owners, officers, employees, representatives and all other persons or entities associated with it (collectively, “BCB”, “we” or “us”), participant, including the parent(s) of minor participants, agree as follows:
- BCB-Sponsored Activities. BCB offers a variety of classes, programs, workshops, and other activities and events to adults and minors from time to time (collectively, “BCB-sponsored activities”). Unless expressly stated otherwise in writing, your enrollment in any BCB-sponsored activity is non-transferable and non-refundable.
- Closures. BCB may close at its discretion due to snow, inclement weather, or unforeseen natural disasters. BCB may also close for events, such as competitions and/or performances. If these closures occur, BCB will make reasonable efforts, but does not guarantee it will be able, to reschedule the BCB-sponsored activity. There are no refunds.
- Enrollment Fees. Enrollment fees (“Fees”) may be charged on a one-time basis or a recurring basis in accordance with the type of BCB-sponsored activity you select. Our Fees are subject to change from time to time. All Fees due and payable must be fully paid when due to guarantee your enrollment. Unless expressly specified otherwise, enrollment is for the entire duration of the BCB-sponsored activity. Fees are not refundable for any reason, including withdrawal or your removal from the BCB-sponsored activity for violating BCB Rules (defined below). Any special rates or discounts to our Fees, if applicable, may be subject to additional terms and conditions.
- Payment Terms. To the extent permitted by law, you authorize BCB to initiate (directly or through a third-party provider) Electronic Funds Transfer (EFT) or credit card (CC) charges from your account(s) for your Fees. For recurring payments, you will be billed on the first of the month or on such other date(s) communicated to you or indicated in your enrollment information. We may, from time to time, adjust our Fees and reserve the right to charge you the adjusted Fees if this is to occur. As applicable, we will also automatically update the Fees charged to your account if any special rates or discounts previously applied no longer apply to you. By signing this Agreement, you acknowledge and give permission for us to charge such increased amounts as necessary.
- Certification; BCB Rules. You (on your behalf if you are an adult or, if you are a parent, on behalf of your minor child) certify that you have no physical limitations or medical conditions that would impair your ability to fully and safely participate in BCB-sponsored activities or to use BCB facilities. You agree to inform BCB of any conditions that may affect your ability to fully and safely participate in BCB-sponsored activities or use BCB facilities, so that a determination can be made as to the proper course of action.
We reserve the right to terminate your participation in any BCB-sponsored activity due to noncompliance with BCB rules, regulations, codes of conduct, the terms of this Agreement or any other reason permitted by law (collectively, “BCB Rules”).
- Physical Contact. BCB provides dance instruction, and BCB-sponsored activities may involve physical contact by our instructors from time to time, such as for adjustments. If at any point you (on your behalf if you are an adult, or if you are a parent, on behalf of your minor child) do not want physical contact by an instructor for any reason, you should let your instructor know.
- Photo Release. You (on your behalf if you are an adult, or if you are a parent, on behalf of your minor child) hereby agree that BCB and its agents, contractors, affiliates, successors and assigns may take photographs and videos of you while using the BCB facilities. You irrevocably license and grant BCB and its agents, contractors, affiliates, successors and assigns the right to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, adapt, create derivative works of, sell, rent, license, otherwise use, and permit others to use your image, likeness, voice and appearance, and any and all materials created by or on behalf of BCB that incorporate any of the foregoing in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose. This release applies, without limitation, to photographs and videos taken at the BCB facilities, and during BCB-sponsored activities. The uses of your image may include and are not limited to use in BCB promotional materials, social media and website, without further compensation to, or consent from, you.
- Release and Waiver of Liability. You recognize that BCB could not offer BCB-sponsored activities without obtaining a release of liability. In consideration of, and part payment for the right to use BCB’s facilities and participate in BCB-sponsored activities, YOU EXPRESSLY AGREE NOT TO SUE BCB, ITS OWNERS, OFFICERS, DIRECTORS, STUDENTS, INSTRUCTORS, EMPLOYEES, AGENTS AND GUESTS AND HEREBY RELEASE AND WAIVE ALL CLAIMS AND LIABILITIES AGAINST BCB AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM YOUR (OR YOUR MINOR’S) PARTICIPATION IN ANY BCB-SPONSORED ACTIVITIES OR USE OF BCB FACILITIES OR EQUIPMENT.
You understand that the release and waiver in this Agreement are made by you if you are an adult and/or you as the parent(s) for yourselves and on behalf of your minor child. YOU HAVE READ AND FULLY UNDERSTAND THIS RELEASE AND WAIVER UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER VOLUNTARILY.
- Indemnification. In consideration of, and in part payment for the right to use BCB’s facilities or participate in a BCB-sponsored activity, you agree: (a) to defend, protect, indemnify, and hold harmless BCB, its owners, officers, directors, students, instructors, employees, agents and guests from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability of any nature, together with attorneys' fees and costs incurred, that may arise out of your use of BCB property or facilities, including but not limited to injuries arising from your violation of BCB Rules; and (b) to pay the reasonable attorneys’ fees and all other costs of all parties if you bring a suit for injuries suffered at BCB and that action is unsuccessful, in whole or in part.
- Arbitration and Waiver of Right to Jury Trial. YOU VOLUNTARILY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING BCB AND ANYONE ASSOCIATED WITH BCB, INCLUDING WITHOUT LIMITATION ITS OWNERS, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, STUDENTS, AGENTS, GUESTS AND THIRD PARTIES, WHERE THE ACTION IS IN ANY WAY RELATED TO OR ARISING FROM YOUR USE OF BCB FACILITIES OR EQUIPMENT OR PARTICIPATION IN BCB-SPONSORED ACTIVITIES. Any dispute, claim or controversy arising from your involvement in any BCB-sponsored activity or use of BCB facilities, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Redmond, Washington (or such other location mutually agreed by the parties) before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on any Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- Governing Law. The laws of the state of Washington shall govern this Agreement. Venue for any action arising out of the terms this Agreement shall be King County, Washington.
- If participant is a minor. You represent that you are the parent of the above individual and hereby consent to their use of BCB’s facilities and/or participation in BCB-sponsored activities. In consideration of BCB allowing the above-named participant to participate and/or use the facilities, you agree to be bound by the terms and conditions of this Agreement. On behalf of yourself and your spouse or domestic partner, you hereby KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge BCB, its officers, directors, instructors, employees, agents, students and guests and all others associated with BCB from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damage and liabilities, of every kind and nature, whether known or unknown, in law or equity, that you or others may have, arising from or in any way related to such minor’s participation in BCB-sponsored activities or use of BCB’s facilities.