Liability Waiver

READ CAREFULLY -

In exchange for participation in any activity or event organized by Facility Dance Company LLC and/or use of the property, facilities, and services of Facility Dance Company LLC at Movement by La Vie at 1219 Morena Blvd, San Diego, CA 92110 or any other address posted, I agree for myself and (if applicable) for the members of my family, to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS: 

I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Facility Dance Company LLC, or the employees, representatives or agents of Facility Dance Company LLC. 

2. ASSUMPTION OF THE RISKS AND RELEASE: 

I recognize that there are certain inherent risks associated with any activity organized by Facility Dance Company LLC and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Facility Dance Company LLC and Movement by La Vie for injury, illness, loss or damage arising out of my or my family's use of or presence upon the facilities of Facility Dance Company LLC and Movement by La Vie, whether caused by the fault of myself, my family, Facility Dance Company LLC, Movement by La Vie or other third parties. Participants should notify the instructor of any medical conditions or injuries prior to class. It is the participant’s responsibility to consult with a physician before engaging in any physical activity.

3. INDEMNIFICATION: 

I agree to indemnify and defend Facility Dance Company LLC and Movement by La Vie against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Facility Dance Company LLC and Movement by La Vie.

4. FEES: 

I agree to pay for all damages to the facilities of Facility Dance Company LLC and Movement by La Vie caused by any negligent, reckless, or willful actions by me or my family.

5. APPLICABLE LAW: 

Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

6. NO DURESS: 

I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.

7. ARM'S LENGTH AGREEMENT: 

This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.

8. ENFORCEABILITY:

The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

9. DISPUTE RESOLUTION: 

The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

INFORMED CONSENT AND ACKNOWLEDGMENT: 

I hereby give my approval for the participant listed on this waiver to participate in any and all activities put on by Facility Dance Company LLC. In exchange for the acceptance of said participant's candidacy by Facility Dance Company LLC, I am fully aware of and assume all risk and hazards incidental to the conduct of the activities, and release, absolve and hold harmless both Facility Dance Company LLC and Movement by La Vie and all of their respective officers, agents, and representatives from any and all liability for injuries or illness to said participant arising out of traveling to, participating in, or returning from classes, practices, events, programs, or activities. In case of injury or illness, including even death, to said participant, I hereby waive all claims against both Facility Dance Company LLC and Movement by La Vie including all coaches and affiliates, all participants, sponsoring agencies, advertisers, and, if applicable, owners and lessors of premises used to conduct the event. There is a risk of being injured that is inherent in all dance activities.

I understand that the novel coronavirus has a long incubation period during which carriers of the virus may not show symptoms but will be highly contagious, and that it is difficult to determine who has Covid-19 and who does not given the current limits in virus testing. I also understand that because Facility Dance Company LLC shares studio space and the surrounding areas including the common areas and the grounds with multiple individuals, that participant may have an elevated risk of contracting the virus simply by being at this studio space. Being in this studio space carries with it risks that cannot be eliminated regardless of the care taken to avoid injury and harm. Therefore, with full knowledge of the risks, and in consideration of the ability for participant to be in the studio space, I knowingly and willingly consent for participant to be in the studio space, and assert that participant's participation is voluntary. I have read this Release of Claims and Assumption of Risk, and I know, understand, and assume the risks involved in participant being present in the studio space.

I understand and acknowledge that because of health, safety, and educational reasons, anyone who is not participating in any classes, practices, events, programs, or activities will not be allowed to enter and spectate.

FOR MYSELF, PARTICIPANT, MY HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, I HEREBY RELEASE AND WAIVE ALL CLAIMS AGAINST BOTH FACILITY DANCE COMPANY LLC AND MOVEMENT BY LA VIE AND THEIR OWNERS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), AND COVENANT NOT TO SUE, FOR ANY DAMAGE OR INJURY (INCLUDING DEATH) TO PERSON OR PROPERTY RESULTING FROM PARTICIPANT'S PRESENCE AT ANY AND ALL FACILITY DANCE ALUMNI CLASSES, EVENTS, PROGRAMS, OR ACTIVITIES, WHETHER RELATING TO COVID-19 OR ANY OTHER CAUSE.

I also agree to indemnify, defend, protect, and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorneys' fees, resulting from or arising in any way from any obligation, loss, claim, action, liability, penalty, damage, cost or expense (including attorneys' fees) that is imposed or asserted by any third party brought or incurred as a result of mine or participant's presence at any and all Facility Dance Company LLC classes, practices, events, programs, or activities.

IMAGES: 

I hereby give my consent to all photographs, audio recordings, and/or video recordings (collectively, "Images") taken of participant by Facility Dance Company LLC or its staff. I understand that any such Images become the property of Facility Dance Company LLC and may be used for educational, instructional, promotional, recruitment/outreach media purposes determined by Facility Dance Company LLC in broadcast and media formats currently existing or created in the future.

I hereby waive any right I may have to inspect or approve any use of Images and I release Facility Dance Company LLC and its members, managers, officers and directors, employees, contractors and agents from all liability which could result from its use. If you do not wish to be photographed or recorded, please inform the instructor or staff before the class begins.

TERMS AND CONDITIONS: 

By accessing or using Facility Dance Company LLC’s website, services, or participating in classes or any other events or activities put on by Facility Dance Company LLC, you agree to comply with and be bound by the following Terms & Conditions. Please read these terms carefully before engaging with Facility Dance Company LLC’s services. If you do not agree with these terms, you should not use Facility Dance Company LLC’s website or services.

1. General Conditions

• You must be at least 18 years old to register yourself or a family member for classes, participate in activities, or make purchases through Facility Dance Company LLC.
• By registering for classes, workshops, pop-ups, special projects or events, you agree to provide accurate and current information about yourself and/or your family member
• Facility Dance Company LLC reserves the right to refuse service or terminate yours and/or your family’s participation if you and/or your family violate any of these terms.
• Prices for classes, workshops, pop-ups, special projects or events and other services are subject to change without notice.

2. Payments and Refunds

• All payments must be made in full prior to the start of a class, workshop, pop-up, special project or event. 
• Refunds are not offered for missed classes, late cancellations, or no-shows unless otherwise stated.
• Class packages and memberships are non-transferable and non-refundable unless otherwise specified.
• All sales are final. No refunds will be processed. You will receive a credit back to your account if your reservation is cancelled at least 5 hours before the start time. 
• If you cancel your reservation after the 5 hour window, you will be charged a $10 late cancellation fee. If you no-show, you will be charged a $15 no-show fee.
• Memberships automatically renew, and you will be automatically billed until we receive notification that you want to cancel the membership. Late payments may be subject to a late fee of $50. Membership Cancellation Policy: Members can cancel their membership by providing written email notice to us at facilitydancecompany@gmail.com at least 14 days before the next billing cycle. If a written email notice is given less than 14 days before the next billing cycle, the member will still be billed for that upcoming billing cycle, and the membership will not be cancelled until the next billing cycle. No refunds will be provided for partial months.

3. Etiquette

• All participants are expected to arrive on time and be prepared to participate in the activities they signed up for.
• Proper attire and footwear must be worn to ensure safety and respect for the space.
• Disruptive behavior that affects the learning environment, instructor, or other participants will not be tolerated.
• Personal belongings are the responsibility of the individual, and Facility Dance Company LLC and Movement by La Vie are not liable for any lost or stolen items.

4. Artistic/Choreography Rights

• Any choreography, routines, or artistic material taught or created by instructors with Facility Dance Company LLC is the intellectual property of Facility Dance Company LLC and the respective choreographers.
• You agree not to record, reproduce, or publicly perform any choreography taught during classes without the explicit permission of the choreographer or Facility Dance Company LLC.
• Choreography learned in classes may not be used for commercial purposes or in professional performances without prior approval.
• If you wish to use choreography or material from classes for performances, competitions, or any public display, you must obtain written permission and give appropriate credit to the choreographer and Facility Dance Company LLC.

 5. Privacy Policy

• Facility Dance Company LLC respects your privacy and protects your personal information. Please review our Privacy Policy on our website for details on how we collect, use, and protect your data.

6. Cancellations and Schedule Changes

• Facility Dance Company LLC reserves the right to cancel or reschedule classes due to low enrollment, instructor availability, or unforeseen circumstances.
• In the event of a cancellation, participants will be notified and offered an alternative class or credit on their account.
• Schedule changes and updates will be communicated via email, website, or social media channels.

7. Code of Conduct

• Facility Dance Company LLC is a supportive and inclusive environment for dancers of all backgrounds and levels. We expect all participants to show respect to instructors, staff, and fellow dancers.
• Any form of harassment, discrimination, or bullying will not be tolerated and may result in immediate termination of your participation without refund.

8. Modifications to Terms

• Facility Dance Company LLC reserves the right to modify or update these Terms & Conditions at any time. Any changes will be posted on our website and will take effect immediately.

9. Governing Law

• These Terms & Conditions are governed by and construed in accordance with the laws of the state of California. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of California.

CONFIRMATION: I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. BY CLICKING I AGREE ON THIS WAIVER AND CREATING AN ACCOUNT WITH FACILITY DANCE COMPANY LLC, I AM ACKNOWLEDGING AND SIGNING THIS RELEASE, AND I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. IF I HAVE TO DELIVER AN ELECTRONIC SIGNATURE, THAT WILL HAVE THE SAME EFFECT AS AN ORIGINAL MANUAL PAPER SIGNATURE. THE ELECTRONIC SIGNATURE WILL BE EQUALLY AS BINDING AS AN ORIGINAL MANUAL PAPER SIGNATURE.