Osipova Ballet Academy, LLC

AGREEMENT, RELEASE FROM LIABILITY, WAIVER OF CLAIMS & ASSUMPTION OF RISK

I, the undersigned (the "Parent or Guardian") understand and I hereby acknowledge and agree to the following on behalf of my student and myself, my heirs, executors, administrators and assignees:

By signing the registration form I acknowledge the following: ballet is a physical activity, my child is in good physical health to participate, and I assume all risks of damage and injury that my child may incur due to participation, including those associated with the COVID pandemic; and I fully and completely RELEASE, ACQUIT AND FOREVER DISCHARGE Osipova Ballet Academy, LLC and its respective principals, officers, directors, agents, insurers, employees, representatives, successors and assigns from any and all claims, actions and causes of action that I may have in the future of any nature whatsoever. I further agree to sole responsibility for any and all costs and expenses that I may suffer of any kind, and I will not sue or assert any such claim against Osipova Ballet Academy, LLC.

Osipova Ballet Academy, LLC as a private organization reserves the right to refuse service as it deems appropriate

Osipova Ballet Academy, LLC is not responsible for lost, stolen, or damaged items.

In consideration of being allowed to participate in Osipova Ballet Academy, LLC classes including rehearsals and choreography workshop classes, with and related events and activities, the undersigned acknowledges, appreciates, and agrees that:

1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;

2.  That I am participating in Classes, Workshops, Master Classes, Rehearsals, Competitions, Performances or any of the regular dance classes offered at Osipova Ballet Academy during which I will receive information and instruction about dance and other related activities. I acknowledge and understand that dance is an inherently risky activity and that my participation will require physical exertion that will be strenuous and may cause physical injury. I may be subjected to a variety of hazards and risks, both foreseen or unforeseen, which may cause me to suffer physical or emotional injury, paralysis, death or damage to myself, to third parties or to property (collectively "Damages"). I acknowledge that such Damages can occur due to natural causes, negligence or intentional acts or omissions of Osipova Ballet Academy, LLC or the negligent or intentional acts or omissions of third parties and/or fellow participants. In consideration of the services of Osipova Ballet Academy, LLC I expressly agree and promise to accept and assume the risk of all such Damages, to include all related costs thereof that occur during or in connection with my participation in any and all activities related to Osipova Ballet Academy.

3.  I understand and acknowledge that because of the physical nature of DANCE, there may be physical contact between directors, employees, staff, company members, instructors and students during rehearsals, shows, workshops, productions, and especially during dance instruction. I understand that at times for proper instruction and safety, physical contact is required and necessary.

4. I acknowledge that dance and all related activities require intense physical exertion that may be strenuous and may cause physical injury and therefore involve unique risks of Damages, and I am fully aware of the risks and hazards involved. I acknowledge the nature of sprung dance floors, (“Marley" or similar floor covering, mobile floor barres, and other dance equipment, and the consequences of wearing ballet slippers, pointe shoes, socks, or bare feet and other related dance footwear, and I accept full responsibility for my own choice of footwear. I acknowledge that the description of these risks is not complete and that other unknown or unanticipated risks may result in Damages. My participation is purely voluntary, and I elect to participate in spite of the risks. I am satisfied with the condition of Osipova Ballet Academy, LLC and hereby assume all the risks inherent in the activities there. I am not relying on any oral, written or visual representations made by Osipova Ballet Academy, LLC to induce me to participate in dance related activities. In consideration of the services of Osipova Ballet Academy, I expressly agree and promise to assume the risk of all such Damages, to include all related costs thereof, which occur at Osipova Ballet Academy in connection with my participation any of Osipova Ballet Academy activities.

5.  In consideration of being permitted to participate in Osipova Ballet Academy, LLC Workshops, Master Classes and regular dance classes, I knowingly, voluntarily, and expressly waive any claim I may have against Osipova Ballet Academy, LLC and instructors who teach at Osipova Ballet Academy, LLC for injury or damages that I may sustain as a result of participating in those activities.

6. I am aware that Osipova Ballet Academy, LLC is a Performing Arts School with a high visibility on social media and other online platforms.
I do hereby consent to and authorize the use and reproduction by the Osipova Ballet Academy, LLC, its agents, and employees of any photographs or recordings of me or my child, for any advertising or promotional purpose, now or hereafter known. Such use includes the display or distribution of photographs, images, and/or video that include, but may not be limited to, printed materials (brochures, posters or other print advertising), digital materials (website, e-newsletters, videos or blogs), and social media. I further consent that my name and identity may be revealed therein or by descriptive text or commentary. I furthermore understand that recording of online classes is strictly prohibited and agree not to share, reproduce or distribute any material from class recordings, including recording of any type of in-person classes (observation classes, demonstration classes, in-studio showcases etc.).
I do hereby release to Osipova Ballet Academy, LLC, its agents, and employees all rights to exhibit this work in print and electronic form publicly or privately and to market and sell copies. I waive any rights, claims, or interest I may have to control the use of my identity or likeness in whatever media used.
I understand that there will be no financial or other remuneration for recording me, either for initial or subsequent transmission or playback.
I also understand that Osipova Ballet Academy, LLC is not responsible for any expense or liability incurred as a result of my participation in this recording, including medical expenses due to any sickness or injury incurred as a result.

7.  I, on behalf of my heirs or legal representatives, forever release, waive, discharge and covenant not to sue Osipova Ballet Academy, LLC or instructors who teach at Osipova Ballet Academy for any injury or death caused by their negligence or other acts.

8.   I, The Subscriber, understand and consent to Osipova Ballet Academy LLC collecting and storing my personal information.  Osipova Ballet Academy, LLC uses the information collected to facilitate the provision of our services and to provide a more personalized experience. Osipova Ballet Academy, LLC will not disclose the personal information to third parties without your consent to do so. Osipova Ballet Academy, LLC reserves the right to disclose personal information if required to do so by law or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims or to protect the rights, property or safety of Osipova Ballet Academy, LLC, its clients, service providers, or the public.

9. I understand that dance is a physical activity where the instructor will demonstrate, cue, or correct students in class through the use of verbal descriptions, hands on guided movement/corrections, or videos. The studio policy is appropriate touching only. By signing this policy, you authorize the appropriate touch policy for your student and all instructors of the studio during the student's class for training/correction purposes only.

I hereby certify that I have disclosed any and all health-related reasons or problems that may preclude or limit my child's participation in above stated activities. This includes (but is not limited to) disclosure of any allergies, neurological disorders, physical and/or psychological limitations.

10. I understand that the risk of exposure to COVID-19 exists in any public place where people are present. By attending classes in person at OBA, you voluntarily assume all risks related to exposure to COVID-19. You agree to waive any claims of liability against Osipova Ballet Academy, LLC and to hold Osipova Ballet Academy, LLC harmless if your dancer contracts COVID-19, despite our best efforts to prevent it.

Additionally, I agree to notify Osipova Ballet Academy, LLC if my dancer or any member of our household contracts COVID-19 or has come into contact with someone who has tested positive for COVID-19. This action will help ensure the utmost safety of our dancers and staff.

I understand and agree that participating in any dance lesson or class, workshop, rehearsal or performance, there is a possibility of physical injury. I voluntarily agree, therefore, to assume all risks and responsibility for any such injury or accident, which might occur to me (or my child) during any of Osipova Ballet Academy, LLC classes, lessons, rehearsals, performances, or activities. I also exempt, release, and indemnify Osipova Ballet Academy, LLC, its owners, agents, volunteers, assistants, employees, guest artists, faculty members, and/or students from any and all liability claims, demands, or causes of action whatsoever from any damage, loss, injury, or death to me, my children, or property which may arise out of or in connection with participation in any classes or activities conducted by Osipova Ballet Academy, LLC. I further hereby voluntarily agree to waive my rights and that of my heirs and assigns to hold Osipova Ballet Academy, LLC, its owners, agents, volunteers, assistants, employees, guest artists, faculty members, and/or students liable for such damage, loss, injury, or death.  I understand that I should be aware of my physical limitations and agree not to exceed them. If I am signing this waiver for my children, I certify that I am the parent or legal guardian and have the right to waive these rights. 

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)

This is to certify that I am at least 18 years of age or that I am, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities.