Waiver | kerri-smith-academy

By attending classes at Curious Kids or the Kerri Smith Academy

of Irish Dance you are agreeing to the following terms:

Curious Kids & Kerri Smith Academy of Irish Dance Waivers & Releases

For and in consideration of The Kerri Smith Academy of Irish Dance, Curious Kids JC LLC, Kerri Smith and Margaret Marano, permitting the participant to enroll and participate in any activity, Participant(s), by signing below, hereby voluntarily indemnifies, releases from liability and holds harmless of The Kerri Smith Academy of Irish Dance, Curious Kids JC LLC, Kerri Smith, Margaret Marano any teacher or assistant, and/ or the facility of 269 Varick St LLC. for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by Participant or any other person arising or resulting directly or indirectly from Participant’s participation in the activity. In the event that Participant is injured, Participant agrees to assume any financial obligation, either through Participant’s personal health insurance, or through some other means, for any medical costs which Participant incurs. of The Kerri Smith Academy of Irish Dance, Curious Kids, Kerri Smith and Margaret Marano assume no responsibility for any medical expenses, injury, or damage suffered by Participant in connection with the use of any facilities or services in connection with the activity.

IT IS THE INTENTION OF PARTICIPANT TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE UPON HIM/ HERSELF, TO THE EXCLUSION OF of The Kerri Smith Academy of Irish Dance, Curious Kids JC LLC, Kerri Smith and Margaret Marano, AND TO EXEMPT AND RELIEVE of The Kerri Smith Academy of Irish Dance, Curious Kids JC LLC, Kerri Smith and Margaret Marano FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH.

Participant further agrees that Participant, his/ her spouse, assignees, heirs, guardians, and legal representatives will not make any claim against, sure or attach of The Kerri Smith Academy of Irish Dance, Curious Kids JC LLC, Kerri Smith or Margaret Marano for any loss or damage resulting from Participant’s participation in the activity.

PARTICIPANT IS AWARE OF THE POTENTAL DANGERS INCIDENTAL TO ENGAGING IN THE ACTIVITY, THAT IS A RELEASE OF LIABILITY, A WAIVER OF THE PARTICIPANT’S LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH, OR PROPERTY DAMAGE AND A CONTRACT BETWEEN THE PARTICIPANT AND The Kerri Smith Academy of Irish Dance, Curious Kids JC LLC, Kerri Smith and Margaret Marano AND PARTICIPANT AGREES OF HIS/ HER OWN FREE WILL.

Kerri Smith Academy does not offer refunds for deposits, class fees or any other payments made online, with Venmo, Zelle or via cash or check. Kerri Smith Academy reserves the right to not make up classes canceled for any reason- including but not limited to weather, poor travel conditions, State of Emergency, government-mandated shutdown or other emergent situation.

By attending I give permission for photographs/video footage to be taken of the participant and for photographs/video footage in which the participant is included to be used for purposes of publicity by the Kerri Smith Academy of Irish Dance or Curious Kids. This includes but is not limited to the publication of pictures/video on the Kerri Smith Academy or Curious Kids websites and social networking sites. I understand it is my responsibility to notify KSA or Curious Kids staff if I do not want photos or video of my child to be used in this manner.

WAIVER/RELEASE FOR COMMUNICABLE DISEASES

INCLUDING COVID-19 ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate on behalf of the Kerri Smith Academy of Irish Dance and/or Curious Kids JC LLC program and related events and activities, participants and parent or guardian agrees that:

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

2. 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; and,

3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during the my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS THE KERRI SMITH ADCADEMY OF IRISH DANCE and/or CURIOUS KIDS JC LLC their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

This is to certify that I, as parent/guardian, with legal responsibility of and/or on behalf of 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. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.

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 AGREEING TO IT, AND “PARTICIPANT” WILL ATTEND FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

WAIVER/RELEASE FOR COMMUNICABLE DISEASES

INCLUDING COVID-19 ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate on behalf of the Kerri Smith Academy of Irish Dance and/or Curious Kids JC LLC program and related events and activities, participants and parent or guardian agree that:

2. 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; and,

3. I willingly agree to comply with the stated and customary terms and conditions for participation regarding protection against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,

This is to certify that I, 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. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.

Sick Day/ Staying Home Policy Agreement

A doctor’s note is required to return to class after a positive COVID-19, Fifths Disease, Coxsackie, flu, or any other communicable disease diagnosis.

I certify I will keep my child home if he/she is experiencing or has experienced any of the following in the 24 hours prior to attending:

ANY ONE of the following symptoms:

-Fever

-Vomiting

-Diarrhea

AND/OR

Two or more of the following symptoms:

-Cough

-Runny Nose

-Sore Throat

-Excessive Cough or Excessive Runny Nose

-Is taking any type of medication to control sickness/symptoms

-Lethargy
-Loss of Appetite

I understand my child must be clear of any absence-causing symptoms for a FULL 24 HOURS before returning to class and that staff reserve the right to send children home at their discretion if they are deemed too sick or symptoms are too severe to be in attendance.

I understand that waivers and policies may change and it is my responsibility to regularly update myself on the most current policies.

By attending or sending my child Kerri Smith Academy of Irish Dance classes I have read and agree to the above terms.