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KIDS CLASS SESSION AGREEMENT
CANCELLATION & REFUND POLICY By registering in a kids class session with Island Circus Space, you agree to have the monthly fee automatically withdrawn from your credit card on file for the duration of the contract agreement. The first month's payment will be deducted once you register online, and the next payments will be deducted as per the schedule provided. A $20 fee will be charged for any late payments or declined transactions. Please be sure to update your credit card immediately should it expire or become compromised. Refunds, extensions or credits are not provided for classes missed. *PLEASE NOTE: THERE IS NO OPTION TO VOLUNTARILY WITHDRAW YOUR REGISTRATION FROM THE SESSION ONCE REGISTERED, AND BY AGREEING TO THIS DOCUMENT YOU AGREE TO PAY THE FULL AMOUNT REGARDLESS OF ATTENDANCE (see our cancelation policy below for full details). I Agree CANCELLATION POLICY Up until 48 hours from the start date of the first scheduled class you are eligible for a full refund minus a $20 processing fee or full account credit. Within 48 hours to the start of the first class, a refund of 50% of the total value of the course is provided or 75% account credit (except in the presence of a note from a medical doctor you are eligible for a refund minus a $50 fee). No refunds are provided once the class has begun (except in the presence of a note from a medical doctor, a fee the equivalent to 50% of the full cost of the remaining classes in the session will be charged). PANDEMIC AND COMMUNICABLE DISEASE CANCELLATION POLICY - In the event of a pandemic or public health concern, the following cancelation policy will overrule the standard policy (the following policy is subject to change):
- Upon registration, full payment for the entirety of the session is required (whether in installments or as a lump payment as determined by Island Circus Space) and there is no option to withdraw your registration or cease payments, regardless of attendance.
- In the event of a government mandated shutdown of our programs, any future scheduled payments will be halted and classes will be cancelled. Refunds will be provided for any classes Island Circus Space was unable to provide, for which payments have already been received, in the form of account credit in the full amount of funds due for the cancelled classes (credit card refunds will be provided upon request minus a $20 processing fee).
- Following a forced shut down, should Island Circus Space be able to re-open as advised by the government, all agreements in this contract remain active and any remaining payments for registration will resume for all classes that Island Circus Space is able to provide.
PANDEMIC AND COMMUNICABLE DISEASE CLAUSE: I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases, which are subject to change. All current policies can be found at www.islandcircusspace.com/policies In the event of a pandemic or public health concern, the amended temporary policies as written on the Island Circus Space website at www.islandcircusspace.com becomes active and remains in effect until advised by Island Circus Space (*the temporary policy is subject to change). I HAVE READ THIS AGREEMENT AND UNDERSTAND IT. I AM AWARE THAT BY SIGNING THIS DOCUMENT I AM WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH I MAY HAVE AGAINST ISLAND CIRCUS SPACE AND OTHERS. I Agree Signed this date: April 26, 2024 The terms of our Waiver can be found below: ---------------------------------------------------------------- Participant/Performer Agreement: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT I AGREE THAT BY SIGNING THIS DOCUMENT THAT I WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE - In consideration of Island Circus Space accepting my application to participate in but not limited to aerial/acrobatic activities, juggling, trampoline, classes, workshops, open training, jams, online classes, collaborations, or performances, in conjunction to Island Circus Space (all of the foregoing collectively the "Activities") I agree that:
- The Activities associated with Island Circus Space involve known and unknown risk of accident, physical or emotional injury, paralysis, disability, death, illness, or damage to yourself, to property, or to third parties, including the loss of any accessory, equipment or personal belongings. The risks include, without limitation, slips and falls, falling from equipment, rope burns, pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including but not limited to head, neck and back; injuries to internal organs; the negligence of other people; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with these Activities (all the foregoing collectively a "Loss").
- In exchange for being allowed to participate in the Activities I hereby release, indemnify, forever discharge and hold harmless Island Circus Space, any related or affiliated companies, its shareholders, directors, officers, volunteers, participants, advisers, agents, employees, consultants, third parties and any other persons or entities acting in any capacity on their behalf (the foregoing collectively the "Releasees"), from any liability or responsibility, directly or indirectly in connection with a Loss, and any and all claims, demands, or causes of action, which are in any way connected with my participation in the Activities or my use of Island Circus Space's equipment or facilities, including any such claims which allege negligent acts or omissions of the Releasees
- I release and indemnify the releases from any and all liability for any personal injury, death, illness, property damage, expense and related loss, including loss of income that I may suffer as a result of my participation in this activity, due to any cause whatsoever, including negligence, breach of contract or breach of statutory duty of care, including any duty of care owed under the Occupiers Liability Act and further including the failure on the part of the Releasees to safeguard or protect me from the Loss described above.
- I acknowledge and am aware that physical touch in the form of spotting by instructors and other students is required in order to appropriately facilitate a safe learning environment.
- The undersigned gives permission to Island Circus Space Directors and staff to seek medical treatment for the participant in the event they are not able to reach a parent or guardian
- If any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
PRIVACY POLICY The personal information contained in this file and any other stored information will be kept confidential by Island Circus Space through the use of an online storage service. Only persons in the direct employ of Island Circus Space, and who require this information in the performance of their duties, will have access to it. However, Island Circus Space cannot guarantee the privacy of your information against unauthorized access and is not liable for any intrusions of privacy by a third party including online hacking, robbery, or otherwise unauthorized possession or loss of any stored data or personal information.
In order to purchase memberships, classes or series of classes and passes, you must create a Mindbody user account (“Account”) by selecting a username and a password. You agree and understand that you are responsible for maintaining the confidentiality of your username and password. Your username and password, together with any other user information you provide, form your “Profile Information” and allow you to access your Account. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information.
You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying ISLAND CIRCUS SPACE immediately.
By providing us with your e-mail address, you agree to receive all required notices electronically. It is your responsibility to update or change that address as appropriate.
Should you request to delete your Account, your Account will be fully deleted and will not be accessible for reactivation. PROHIBITIONS The use of any electronic device including but not limited to cellular phones, cameras, video cameras are prohibited during any instructional class unless prior authorization has been given by Island Circus Space. In such a case, recorded material shall not be reproduced in any manner whatsoever, including without limitation to personal promotion or reproductions on any websites, social media or other unless prior written authorization has been given by Island Circus Space. Abuse or inappropriate behaviour directed towards Island Circus Space or any of its members in any form will not be tolerated. Island Circus Space reserves the right to ask anyone to leave the premise should their behaviour be deemed, without limitation; inappropriate, abusive, or otherwise harmful to the physical, emotional and intellectual integrity and safety of themselves or other persons participating in or observing or instructing the Activities of Island Circus Space. MEDIA RELEASE I hereby agree that by participating in the Activities of Island Circus Space, without limitation, any photos, videos or recordings taken by Island Circus Space directors or others hired by Island Circus Space during classes, may be used for promotional purposes including but not limited to social media, posters, advertisement and website content with sole ownership of said recordings or photos belonging to Island Circus Space. I Agree ARTISTIC OWNERSHIP Island Circus Space retains full ownership over any and all productions and choreography created for the use of performances with Island Circus Space including but not limited to intellectual property, in any materials or works created by or contributed to by the participant (including ideas, concepts, proposals, project plans, performances, choreography) in the Activities by the participant or using the resources of the company, are owned by Island Circus Space. The participant agrees that Island Circus Space may reproduce, assign, license, adapt, translate, edit, modify and otherwise use any such works in its absolute discretion. The participant agrees that they do not possess the rights to reproduce said intellectual property outside of the use of Island Circus Space. PRICING CHANGES All prices are subject to change. Any purchases made will be honored and the price it was purchased for, regardless of whether there has been a price increase since the purchase. CANCELLATION POLICY Island Circus Space reserves the right to cancel and reschedule classes or substitute teachers as is required. Memberships: Cancellation of your membership is only considered in extenuating circumstances with a fee the equivalent to 50% of the value of the remaining unpaid membership monthly fees. Once a payment has been processed, no refunds will be provided for that amount. In order to terminate your contract, you must notify Island Circus Space by email and allow 7 days processing time for the cancellation to take effect. Any payments which have been processed or are scheduled to be processed within the next 7 days after giving notice are final and non-refundable. Classes and Passes: Refunds, holds, transfers or extensions are not provided for class passes, open training passes, or toddler and me passes. All sales are final. Circus Camps, Session Based Classes, Workshops and Private Lessons: Up until 48 hours from the start date of the first scheduled class you are eligible for a full refund minus a $20 processing fee or full account credit. Within 48 hours to the start of the first class, a refund of 50% of the total value of the course is provided or 75% account credit (except in the presence of a note from a medical doctor you are eligible for a refund minus a $50 fee). No refunds are provided once the class has begun (except in the presence of a note from a medical doctor, a fee the equivalent to 50% of the full cost of the remaining classes in the session will be charged). Circus Parties and Private Bookings: Up until 10 days prior to the event date the fee is fully refundable minus a $20 processing fee or the date and time can be switched at no charge. From 10 days to 48 hours prior to the event date the fee is 50% refundable and the date and time can be switched at no charge. Within 48 hours of the start of the event date the payment is non-refundable and the date or time can be switched for a $30 fee. Online classes: Up until 24 hours from the start of the first scheduled class or session you are eligible for a full refund or account credit. Within 24 hours to the start of the class or session, no refunds, holds, extensions or transfers are provided (except in the presence of a note from a medical doctor you are eligible for a refund/credit in the amount of 50% of the total cost). *In the event of medical emergencies, exceptions to the above cancellation policies may be considered. A doctor's note from a medical doctor must be submitted for consideration. BOOKING AND CANCELING CLASSES (ON THE STUDENT’S BEHALF) Students are responsible for reserving their space in a class by registering online. Island Circus Space is not to be held responsible if a class reaches capacity and you are unable to participate in the class. Should you cancel your visit prior to 24 hours of the start of the class, the class purchased will be returned to your Mindbody account and available for future use until the expiry date. No refunds, transfers, holds or extensions are available less than 24 hours prior to the start of the class. If a class does not reach its minimum capacity within 12 hours prior to the start of the class, you will receive notice via the email address linked to your Mindbody account. All students are responsible for confirming that a class is running by referencing the Island Circus Space online class schedule. CANCELLED CLASSES (ON THE STUDIO’S BEHALF) We try our best not to reschedule and/or cancel classes, however, we reserve the right to cancel reschedule, and replace classes as required. Changes in the schedule are a perfect opportunity for our students to try a different class, experience different teachers’ styles and to open up their repertoire. Students will have the class credit returned to their account if the class is cancelled on the behalf of Island Circus Space. CLASS PREREQUISITES All students must ensure that they meet all of the prerequisites prior to registration for a class. Instructors reserve the right to ask any students not meeting the prerequisites to leave the class without a refund. PANDEMIC AND COMMUNICABLE DISEASE CLAUSE - In consideration of being allowed to participate in classes at Island Circus Space and related events and activities, the undersigned acknowledges, appreciates and agrees that:
- Participation includes possible exposure to illnesses from infectious diseases including but not limited to MRSA, influenza and COVID-19. While guidelines are in place to reduce this risk, the risk of serious illness and death does exist.
- I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases, which are subject to change.
- In the event of a pandemic or public health concern, the amended temporary policies as written on the Island Circus Space website at www.islandcircusspace.com become active and remains in effect until advised by Island Circus Space (the temporary policy is subject to change).
- I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility for my participation.
Signed this date: April 26, 2024 I HAVE READ THIS AGREEMENT AND UNDERSTAND IT. I AM AWARE THAT BY SIGNING THIS DOCUMENT I AM WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH I MAY HAVE AGAINST ISLAND CIRCUS SPACE AND OTHERS. I Agree Signed this date: April 26, 2024 To proceed please click: "Minor" if participant is less than 18 years old |
