DISCLAIMER
1. Risk of Injury
Dance of all types can involve a risk of personal injury. Pulse Junior Studios takes all reasonable care in the conduct of classes, rehearsals, and performances that are part of the program and classes offered and will accept no responsibility for injury or loss caused during classes in whatever manner they are held or whilst the participants are in or near the Pulse Junior Studios premises. All dancers, students, and participants attending a class, rehearsal, or performance of the program are responsible for ensuring that they are physically and mentally fit for the program. During classes, rehearsals, and performances, they must at all times take care of their own personal safety. The participant, and where the participant is under 18 years of age, the participant’s guardian, warrants and certifies that:
a) The participant is fully responsible for the safety,
management, and care of their body during the program.
b) The participant is not currently injured or under any medical or
rehabilitation supervision for any old or recurring physical injuries or health
conditions that might be affected through the course of this activity.
c) The participant is not the subject of an ongoing Workers' Compensation
claim.
d) The participant will immediately and fully inform Pulse Junior Studios of
any physical difficulties or injuries that occur during the class.
e) The participant will report to the Studio Manager and complete an incident
report within two hours of an injury or incident occurring.
f) In further consideration of being permitted to participate in classes, the
participant knowingly, voluntarily, and expressly waives, releases, and
discharges any claim that they may have against the owners, instructors, and
assistants, individually or otherwise, of Pulse Junior Studios for damages and
injury that they may sustain, as a result of participating in classes or in any
way connected with the use of its services, products, programs, methods,
recommendations, or routines, no matter where they occur. Such waiver also
includes any acts or omissions of Pulse Junior Studios and all their members,
teachers, employees, and representatives.
g) Notwithstanding anything to the contrary contained herein, Pulse Junior
Studios’ liability to you for any cause whatsoever, and regardless of the form
of the action, will at all times be limited to the amount paid, if any, by you
to us for the classes or online content we provide prior to the event giving
rise to liability.
2. Online Classes:
In addition to the above, the following provisions apply to Online classes:
When registering for online classes and providing email details, you will receive a link and password that will allow you to access our class. The participant, and where the participant is under 18 years of age, the participant’s guardian, warrants and certifies that:
a) You accept all responsibility for providing suitable
resources, including online access via a suitable medium, in order to access
Pulse Junior Studios' online classes and/or content.
b) You agree to maintain the confidentiality of your link and password and are
fully responsible for all liability and damages resulting from your failure to
maintain that confidentiality and all activities that occur through the use of
your link.
c) You agree to immediately notify us of any unauthorized use of your link or any
other breach of security.
d) The content provided in our online classes is provided “as is,” “as
available,” with “all faults,” and all warranties, express or implied, are
disclaimed (including but not limited to the disclaimer of any implied
warranties of merchantability and fitness for a particular purpose).
e) Our content may contain bugs, errors, problems, or other limitations. Pulse
Junior Studios, including all our affiliates, have no liability whatsoever for
the use of or security over any third-party software, media, our website, or
link deployed for the provision of content.
f) In no event will Pulse Junior Studios or its affiliates, owners, teachers,
employees, contractors, or agents be liable to you or any third person for any
indirect, consequential, exemplary, incidental, special, or punitive damages
arising from your use or misuse of online content, whether such damages arise
in contract, tort, negligence, equity, statute, or by way of any other legal
theory, regardless of whether such damages could have been foreseen.
g) You acknowledge and fully understand that risks of injury are especially
pronounced in an online programming setting, because it will necessitate the
participant engaging in activities on their own, without real-time supervision
by Pulse, in a facility or location over which Pulse has no control.
h) You hereby acknowledge and accept the risks and dangers, whether at this
time known or unknown, and hereby waive, release, and discharge Pulse Junior
Studios, including its affiliates, teachers, associates, and representatives,
from any and all liability from death, injuries, or damages arising from, or in
any way connected with Pulse Junior Studios' online services.