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Momentum DanceArts Informed Consent and Assumption of Risk Agreement

PARTICIPANT INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT 

WARNING! Please read carefully and clarify any questions or concerns before signing. By signing this document, you will assume certain risks and responsibilities. This is a binding legal agreement.

  1. As a participant in the sport of gymnastics and the spectating, orientation, instructions, activities, programs and services of Momentum DanceArts Ontario Ltd. (collectively the “Activities”), the undersigned, being the Participant, the Participant’s Parent/Guardian (if Participant is under 18 years old) and who is assigned by the Parent/Guardian to bring the Participant to the Activities, (collectively the “Parties”), acknowledge and agree to the terms outlined in this document.
  2. Momentum DanceArts Ontario Ltd. and their respective Directors, Officers, members, employees, volunteers, participants, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”).

 

Description and Acknowledgment of Risks

  1. The Parties understand and acknowledge that:
    1. 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.
    2. The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction.
    3. The novel coronavirus, COVID-19 has been declared as “an established and ongoing health issue which no longer constitutes a public health emergency of international concern” (WHO Director-General – May 5th, 2023). Still, the Organization 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, participating in the Activities could increase the Participant’s risk of contracting COVID-19.
  2. 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:
    1. Privacy breaches, hacking, technology malfunction or damage.Executing physical techniques and exerting and stretching various muscle groups.
    2. Physical exertion, cardiovascular workouts and rapid movements.
    3. The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment or apparatus.
    4. Failure to follow instructions or rules.
    5. 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.
    6. Abrasions, sprains, strains, fractures, or dislocations.
    7. Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma.
    8. Physical contact with other participants, spotters, spectators, equipment, and hazards.
    9. Collisions with walls, any acrobatics props, or mats.
    10. Falling, tumbling, or hitting any acrobatics props, floor mats, or other surfaces.
    11. Failure to act safely or within the Participant’s ability of designated areas.
    12. Negligence of other persons, including other spectators, participants, or employees.
    13. Contracting COVID-19 or any other contagious disease.

 

Terms

  1. In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:
    1. That when the Participant practices or trains in their own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected by the Participant.
    2. That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Parties assume all risks related to the Participant’s mental and physical condition.
    3. That the Participant may experience anxiety while challenging themselves during the Activities.
    4. To comply with the rules and regulations for participation in the Activities.
    5. To comply with the rules of the facility or equipment.
    6. That COVID-19 is contagious in nature and the Participant may be exposed to, or infected by, COVID-19.
  2. In consideration of the Organization allowing the Participant to participate, the Parties agree:
    1. 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 participate in the Activities.
    2. 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; and
    3. That this Agreement is intended to be as broad and inclusive as is permitted by law of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. 

 

Jurisdiction

  1. The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the Province of Ontario.

 

Acknowledgement

  1. 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.
  2. The Parties acknowledge that this Agreement applies to all Participants listed on the Parties Portal Account.

 

Electronic Signature 

  1. By selecting the “I have read the above and agree” checkbox, the Parties agree that this Agreement may be executed and delivered by electronic signatures and that the signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility.

 

Momentum DanceArts Release of Liability
In addition to giving this full consent for the Participant to participate in the Activities, I do hereby agree to waive any claims and/or rights that I might otherwise sue Momentum DanceArts Ontario Ltd., its Directors, Officers, members, employees, volunteers, participants, sponsors, owners/operators associated with the Organization from all liability for any and all damages and/or injuries that might occur as a result of these Activities.

 

Momentum DanceArts Classes

Make-Up Classes:

  • Are not guaranteed & based on availability.
  • Cannot be carried over into the next session.
  • Have no cash value.

Safety:

  • Dancers are required to wear their hair back and the appropriate attire and footwear as per the uniform guide available at momentumdancearts.ca
  • Due to dance being a technical sport we offer hands on corrections (especially for safety in acro classes) to facilitate a better understanding of their body positions and technique.
  • Our staff will always ask a student for consent before offering a physical correction. If the student is uncomfortable with a hand on correction we will offer verbalcorrections instead. However, for acro we do require hands on spotting for the safety of your dancer(s). If this is a concern please speak with our staff directly.
  • We measure dancers for costumes in December both with sizer bodysuits and a measuring tape. I give my express consent to Momentum DanceArts staff to spot my child and measure them for costumes.

Annual Membership Fee:

  • Annual Membership Fee ($40 per child or $50 per family) is a mandatory fee added to your account once per year when you enroll in classes. 
  • Valid for 1 year from the date of payment.
  • Perks:
    • Priority registration for upcoming sessions while membership is valid.
    • Report card
    • Personalized schedule
    • In studio Winter Show
    • Certificates for Tiny Stars program

Cancellations:

  • All class cancellation requests must be submitted with 7 days’ notice in writing, by email.
  • All refunds are subject to a $25 administration fee per child. 
  • A full refund (minus classes already taken and administration fee per child) will be issued up until the end of the second class. 
  • After the end of the second class, a credit will be noted on file for the remaining classes.
  • Once 50% of the current session is complete, refunds and/or credits are no longer available.
  • No credits or refunds for missed classes.

 

Momentum DanceArts General Policies

  • Payment is due upon registration.
  • All prices do not include HST.
  • Please do not enter the facility if you or your child has any cold and/or flu symptoms or are not feeling well.
  • If you or your child is coughing, or has a runny nose during their class, they will be asked to go home.

 

Momentum DanceArts Credit Card Authorization

I authorize Momentum DanceArts Ontario Ltd. to charge my credit card provided on my account, for current and future enrolments or service purchases.

 

Momentum DanceArts Marketing Release

I understand that my child’s likeness may be used in Momentum DanceArts Ontario Ltd. advertisements, promotional videos, website materials or various other marketing, including social media websites. These images will be used for Momentum DanceArts Ontario Ltd. purposes only and will not be given or sold to outside companies or individuals. Momentum DanceArts Ontario Ltd. will not post personal information without permission. I will not seek any compensation for that.

 

Momentum DanceArts Subscription

I consent to receive electronic information about products and services from Momentum DanceArts Ontario Ltd. You can revoke permission of mail to your email address at any time using the ‘Unsubscribe’ link found at the bottom of every email.

 

Unforeseen Circumstances Policy

Any circumstance beyond the reasonable control of Momentum DanceArts including (but not limited to) external environmental factors due to construction, City maintenance, etc., school board announcements, compliance with a law or government order, regulation or direction, fire, flood, storm, or adverse weather conditions (collectively, the “Unforeseen Circumstances”).

We DO NOT offer make-up classes, credits or refunds for class cancellations due to Unforeseen Circumstances. 

We try our best to run our classes at all times; however, we may need to cancel classes due to Unforeseen Circumstances. 

Parents/guardians should use their discretion when deciding to head out.