Part I - Acceptance of Risk, Waiver and Release of Liability
1. I, the undersigned, represent, acknowledge, and accept that participation in the activities for which the Participant is registered includes strenuous physical activity and involves foreseeable risks of serious injury (including paralysis and even death) with or without the negligence of the owners. Participant, on his or her behalf, unequivocally agree to incur and assume such risks as a condition to participation in the activities for which Participant is registered.
2. In order to induce CandyShop Dance, LLC to register Participant in CandyShop Dance events and in partial consideration for Participant’s opportunity to participate, the Participant hereby waive all claims (past, present, or future), release and discharge, covenant not to sue, and agree to indemnify and hold harmless CandyShop Dance, LLC (as well as its officers, employees, and agents, hereinafter collectively “Releasees”), from any and all liability, loss, cost, expense, claims, demands, actions, judgments and executions which the undersigned ever had, now has, or may have in the future, for personal injuries, known or unknown, and damage to property (real or personal) in any way caused by, related to, or arising out of directly or indirectly, the activity for which Participant is registered or in which Participant is permitted to engage in.
3. In the event of illness or injury, I authorize CandyShop Dance, LLC to obtain necessary medical treatment for the Participant and hereby, in my own behalf and on behalf of the Participant, release and hold harmless all Releasees. The undersigned represents and agrees that this Waiver and Release is binding not only on the undersigned but also upon their respective heirs, representatives, administrators, executors, and assignees. This release covers every possible injury or accident of every sort and nature, whether related to the permitted activity, the equipment, the condition of the premises, or otherwise, and regardless of whether due in whole or in part to the negligence of a Releasee or other Participant.
4. In addition, if anyone (whether a Participant or anyone else on behalf of a Participant) makes a claim against any of the Releasees despite their release, then the undersigned agrees to indemnify and hold harmless, each of the Releasees from any litigation expenses, attorney fees, loss, liability damages, or cost any release may incur as a result of any such claim.
5. The undersigned represents that the Participant is healthy and has no physical or mental condition that would impair Participant’s ability to fully and safely participate in the contemplated activity.
Part II - Photo/Video Consent
1. I do hereby agree, consent, and irrevocably grant to CandyShop Dance, its staff, affiliates, assignees, and contractors the right to photograph the image, and record video and voice of the Participant, and/or his/her family members, or chaperone, and to own, license, assign and/or use the same (and/or any portion thereof) forever and throughout the world in any manner and/or any medium now known or thereafter devised, including, without limitation, in any advertisement, promotion, social media, print media, television, documentaries, films, live streams, and the Internet.
2. CandyShop Dance cannot accept responsibility or liability for any actions (including, without limitation, taking photographs or recording video or voice) of other Participants, their parents, family members or chaperons, hereby I release CandyShop Dance from Liability or responsibility for such actions.
3. Participant shall not receive any payment or compensation for such use and waive any right to bring any action in law or equity against CandyShop Dance, its staff, affiliates, assignees, and contractors, and their past, present, and future officers, agents, employees, representatives, successors, and assignees for such use.
Part III - Loss or Theft Liability Release
I do hereby agree, consent that CandyShop Dance cannot accept responsibility or liability for the loss or theft of articles, items, or goods left on the premises during or after the Participant's participation at CandyShop Dance activities, whether in the restrooms or classrooms.
Part IV - Property Damage Liability
The undersigned agrees and acknowledges that they are fully responsible for any damages to the property of CandyShop Dance, LLC, both intentional and unintentional, that occur during their use of the facilities, as well as any damages caused by their guests or students.
The Participant agrees to be fully liable for all costs associated with repairing or replacing damaged property, as well as compensating CandyShop Dance, LLC for any income lost during the repair process and downtime of the studio. This responsibility extends to damages caused by the Participant, their guests, or their students, and includes, but is not limited to, damages to mirrors, flooring, lamps, walls, and other studio properties.
In the event of loss or misplacement of any keys to the premises by the Participant, their guests, or their students, the Participant shall be liable for the costs associated with locksmith services and lock replacement to ensure security and accessibility are maintained.
The Participant automatically agrees to the terms of any contracts and the prices that CandyShop Dance, LLC chooses for jobs necessary to repair damages or perform related services. The undersigned consents to pay all costs of repairs or replacement of damaged property immediately upon demand by CandyShop Dance, LLC, as stipulated in such contracts.
This section aims to ensure that all property within the studio is maintained in the condition in which it was found, unless damage occurs as a result of CandyShop Dance, LLC’s own negligence.
This Liability for Property Damage is intended to be as broad and inclusive as is permitted by the law of the State of Georgia. If any portion of this agreement is held invalid, the remainder will continue in full legal force and effect.
Part V - Refund Policy
We understand that plans can change, so we offer the following refund policy for all of our class packages:
Class Packages (4, 8, or 12 Classes)
- Full Refund: A full refund is available within 30 days of purchase, provided that no classes from the package have been used.
- No Refund: Once you have taken one class from your package, the package is no longer eligible for a refund.
- Expiration: All class packages are valid for 30 days from the date of purchase. Any unused classes after this period will expire and cannot be carried over to the next month.
Unlimited Membership ($250)
- Full Refund: If you have purchased the unlimited membership but have not attended any classes, you are eligible for a full refund within 30 days of purchase.
- No Refund: Once you attend any class under the unlimited membership, it becomes non-refundable.
- Expiration: The unlimited membership is valid for 30 days from the date of purchase and provides access to all available classes within that period.
Part VI - Cancellation Policy
At Candy Shop Dance, we ask that all clients register in advance for the classes they wish to attend. To ensure fairness and availability for all students, we have the following cancellation policy:
- Cancellation Deadline: If you need to cancel a class, please do so at least 3 hours before the class start time.
- Late Cancellations/No Shows: If you cancel less than 3 hours before the class or fail to attend without canceling, the class will be considered used and will be deducted from your package or charged accordingly.
I, in my own behalf and on behalf of the Participant, hereby warrant that I have read all six parts of this form in its entirety and fully understand its contents and am voluntarily signing the same. I, in my own behalf and on behalf of the Participant, am aware that this Risk Waiver and Release from Liability releases from liability and contains an acknowledgement of my voluntary and knowing assumption of the risk of injury or illness. I, in my own behalf and on behalf of the participant, further acknowledge and grant CandyShop Dance the right to photograph or record video and/or voice of the Participant and his/her family members. I, in my own behalf and on behalf of the participant, release CandyShop Dance from liability for theft or loss of any items left on premises.
