In consideration of permission to use the property, facilities and services of SODA ACADEMY (“SODA”), such use including, but not limited to, use of SODA’s facilities or equipment, participation in SODA programs or activities, and observation of any of the foregoing, I, on behalf of myself and my child(ren), hereby acknowledge and agree to the following:
1. Release and Waiver of Liability I agree to waive, release, and forever discharge SODA and its respective directors, officers, employees, representatives, managers, members, affiliates and agents (the “Releasees”) from and against any and all liability resulting from loss or damage, and from and against any rights, claims or demands therefore, which I, we or they have or which may hereafter accrue to me or them arising directly or indirectly out of injury to my person or my property, or that of my child(ren) incurred in connection with my or their use of the property, facilities or services of SODA, whether such damages are caused by the negligence of the Releasees or otherwise.
2. Assumption of Risk That I bear the sole risk of injury resulting from my or their use of the property, facilities or services of SODA and hereby assume full responsibility for a risk of any bodily injury, death or property damage arising from such use, whether caused by the negligence of the Releasees or otherwise.
3. Audio-Visual Waiver - I understand that my child may be photographed or videotaped during his/her participation in the activities of SODA, and consent to the reproduction of such photos or videos for advertising and publicity purposes. I also understand that my child may be recorded during virtual classes, and consent to such videos being used for SODA training and quality assurance purposes. I further understand that virtual class recordings will be kept by SODA for a period of no more than one (1) year from the time of the class for the purpose of training and quality assurance. I retain the right to request that any video recording of my child be deleted by SODA and recognize that videos will be deleted as deemed technologically practicable by SODA.
4. SODA Policies and Rules I understand and agree that my child(ren) must abide by SODA’s policies and rules and the instructions of the SODA organizers, employees, staff, counselors, and volunteers at all times, and that my child(ren)’s failure to do so will result in his/her/their immediate dismissal from SODA. Some of these policies, rules, and instructions are written and some are at the sole discretion of the SODA organizers, employees, staff, counselors, and volunteers; however, it is understood that all policies, rules, and instructions seek at all times to ensure the overall safety of SODA and each of its participants. Furthermore, should my child(ren) fail to behave in an appropriate manner, intentionally harm another participant, exhibit signs of illness, or violate any SODA policy or rule, I shall promptly retrieve my child(ren) when contacted by SODA to do so, or, if I am unable to do so, notify SODA of the person retrieving my child(ren) on my behalf. I acknowledge and agree that no part of the tuition paid will be refunded to me should my child(ren) be dismissed from SODA. I also understand and agree that no reduction or prorate in the tuition will be made for late arrivals, early departures, vacations, illness, or injury.
5. Course Cancellation – SODA has the right to cancel a course. If a course is cancelled, you understand that you may enrol your child(ren) in another course. You agree to be responsible for any costs for the new program that are above the amount paid for the original course. If another course is not available for the same dates, a refund will be issued for all monies paid to SODA for the cancelled course. You understand and agree that if SODA is forced to close a course based on a recommendation by the local Health Services Department (in the case of a communicable disease outbreak, etc.) or due to other acts of nature, you will not be entitled to a refund.
6. Changes, Cancellations and Refunds