COVID-19 WAIVER OF LIABILITY

All participants and students must complete this form before participating in any dance classes or related activities with D’Air Dance Collective. If the participant is under age 18, a parent or guardian must also sign this form.

Please understand admission into the studio to class or related activities will not be granted if this form is not received prior to nor properly signed or dated.

This agreement is between Jessica Mannara (herein: D’Air Dance Collective) and the Participant.

1. By signing below, you are agreeing to follow our social distancing and safety protocols. Although strict measures are being taken by D’Air Dance Collective to prevent the spread of COVID-19 (inclusive of but not exhaustive of measures such as social distancing, staggered classes, and deep sanitization), the participant acknowledges that attending classes at D’Air Dance Collective could result in COVID-19 infection.

2. The Participant acknowledges the contagious nature of the COVID-19 infection and that public health authorities still recommend practicing social distancing.

3. Accordingly, in addition to all waivers and limits on liability already agreed to by the parties and because of the COVID-19 Pandemic, the undersigned, hereby waives and releases, indemnifies, holds harmless and forever discharges D’Air Dance Collective and its partners, members, agents, employees, officers, directors, contractors, affiliates, successors and assigns (collectively, “D’Air Dance Collective Released Parties”), of and from any and all claims, demands, debts, prosecutions, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that the Participant ever had or may have, arising from or in any way related to participation in any of the events or activities conducted by, on the premises of, or for the benefit of, D’Air Dance Collective, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct, further, it is acknowledged that operation during the pandemic does not fall into these categories. On behalf of myself, my heirs, assigns and next of kin, the Participant waives all related claims for damages, injuries and death sustained to the Participant or their respective property that the Participant may have against D’Air Dance Collective.

4. By this Waiver, the Participant assumes any risk, and takes full responsibility and waives any claims of personal injury, COVID-19 infection, death or damage to personal property associated with D’Air Dance Collective, including but not limited to receiving dance training at the facility, using the facility and its equipment in any manner, form or fashion, and practicing and/or engaging in dance related activities or other related activities on and off the premises.

5. In addition, the Participant attests that:
• They are not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscles pain, headache, sore throat, or new loss of taste or smell.
• They have not travelled internationally within the last 14 days.
• They do not believe to have been exposed to someone with a suspected and/or confirmed case of COVID-19.
• They have not been diagnosed with COVID-19 and not yet cleared as non-contagious by public health authorities.
• They following all public health official guidelines as much as possible and limiting their exposure to COVID-19.

6. This Agreement will be governed and construed in accordance with the law of the Province of Ontario.

The participant has read, understands, and fully agrees to the terms of this Agreement. The participant understands and confirms that by signing the Agreement they have given up considerable future legal rights. The Participants has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me. The signature below is proof of the participant’s intentions to execute a completed and unconditional Waiver and Release of all liability to the full extent of the law.

DANCE AGREEMENT

THIS DANCE AGREEMENT (hereinafter: the “Agreement”) is made and entered into between Jessica Alessia Mannara (hereinafter: “D’Air Dance Collective”) and the Dancer. If the Dancer is under age 18, a parent or guardian must also sign this Agreement and be legally bound by it.

IN CONSIDERATION OF the terms and conditions set forth in this Agreement, the Dancer and D’Air Dance Collective agree as follows:

SERVICES PROVIDED
1. D’Air Dance Collective agrees to provide dance lessons and/or related activities to the Dancer.

2. The terms of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the end of June 19 2021, or at the end of the year-end dance recital, whichever date is first.

STUDIO ETIQUETTE & POLICIES
3. The Dancer agrees to treat others the way they want to be treated and respect the studio of D’Air Dance Collective. This includes, but is not limited too, no running or yelling while at the studio, to clean up after oneself, and throw away any trash.

4. The Dancer understands that D’Air Dance Collective is in no way responsible for any lost of stolen items while at the studio and/or related spaces, such as the designated theater for year-end recital and/or rehearsals. The Dancer accepts that all valuable items within the Dancers possession are brought to D’Air Dance Collective at their own risk.

STUDIO ETIQUETTE & POLICIES FOR PARENTS
5. If the Dancer is under age 18, the Parent and/or guardian responsible for the Dancer, as well as any family or friends of the Dancer (hereinafter: the “Parent”), agree to be subject to this Agreement and the Studio Etiquette and Policies for Parents while at the Studio and/or related spaces.

6. The Parent agrees to supervise all young children while at the studio and/or related spaces when the Dancer is not in the dance class.

7. The Parent further agrees, that while waiting for the Dancer in the studio common spaces, that the Parent is to maintain a positive and ethical behaviour whilst interacting with other students, staff and/or parents and/or guardians present in the Studio and or related facilities.

8. The Parent understands that D’Air Dance Collective has a zero tolerance policy for gossip, angry dialogue, foul language, physical threats and/or related activities and D’Air Dance Collective reserves the right to request any parent and/ or guardian or Dancer to vacate the premise if they are participating in disruptive behaviour and no longer participate in the Dance Programs.

9. When dealing with issues, the Parent and Dancer agree to behave in a sensitive and discretionary manner.

10. The Parent further understands that if an issue concerning other parents and/or children arises, that the Parent will not address this issue at the Studio, but will resolve it independently or make an appointment with the Artistic Director to resolve the issue.

CLASS ROOM ETIQUETTE
11. The Dancer agrees to show respect and kindness to classmates and teachers.

12. The Dancer understands that they are expected to arrive 15 minutes before class to prepare, warm up and show readiness to learn.

13. The Dancer further understands that if running late for class, they must knock before entering the studio, as it could be a disturbance to the class.

14. The Dancer agrees that no food or drinks, with the exception of water, are permitted inside the studio.

CLASS ATTIRE
15. The Dancer accepts that proper dance attire and uniform must be worn for all classes with hair pulled back and neatly done. The Dancer understands that if they do not prepare for class with the appropriate uniform and designated shoes, they may be asked to sit out and watch the class.

ATTENDANCE:
16. The Dancer understands that if they miss more than 3 classes per Term, a Doctors note will be required for any further sick days.

17. If for any reason the Dancer is late for class, the Dancer agrees to notify the front desk by calling at least 20 minutes prior to class start times. The Dancer understands that if they do not call, the student will be asked to sit out of the class.

18. The Dancer further understands that poor attendance to dance classes may result in the forfeiture of performing in the year-end recital; even if and when the absences are not consecutive.

PAYMENT
19. Payments must be made on the 1st or the 15th of the month from September to June as decided upon between D’Air Dance Collective and the Parent. Payments must be made regardless of the payment option selected.

20. The Parent and/or Dancer understands that payment schedules are negotiable based on a mutually agreed upon payment plan between the Dancer and D’Air Dance Collective. Payments may be accepted in the following manners: One lump sum prior to commencement of the dance year or on a monthly basis for ten months.

21. The Parent and/or Dancer, authorize D’Air Dance Collective to initiate pre-authorized credit card charges or direct debit charges from my account for Dance Tuition and related expenses, with approval, such as Costume Fees and related Dance Programs. If D’Air Dance Collective is unable to process the payment, the account holder agrees to promptly arrange an alternative payment arrangement and accept any triggered late fees.

22. The Parent and/or Dancer further authorize and accept that all extra charges, such as costumes and/or related activities, outside of tuition payments will also be charged on the aforementioned date. D’Air Dance Collective will send notice of invoices one week prior to due date.

23. The Parent and/or Dancer, agree to provide complete, current, and accurate payment information and further agree to promptly update D’Air Dance Collective should any payment information change.

24. The Parent and/or Dancer understand that any non-sufficient funds cheques will incur a $15.00 CAD service charge. Upon receiving notice of a non-sufficient funds cheque, payments must be remitted along with the NSF fee prior to the Dancers next class. I understand that any re-payment of returned cheques must be made in cash, debit or credit card.

25. The Parent and/or Dancer further understand that an account that has two returned cheques in one season will be placed on a cash, debit and credit card only basis.

LATE PAYMENT FEES
26. The Parent and/or Dancer, accept that any late payments will result in a fee charge of an additional 7% per month on the amount still owing.

27. The Parent and/or Dancer understand that failure to make a payment will result in the removal of the Dancer from the dance class until all outstanding payments have been made.

WITHDRAWAL POLICY
28. In the event that the Student wishes to terminate this agreement, and/or withdraw the Dancer from the dance class, D’Air Dance Collective requires one-week written notice prior to the month in which you choose to withdraw the student.

29. The Parent and/or Dancer, accept that all tuition fees and related fees at time of withdrawal remain payable until written notice is received and are due upon notice.

REFUND POLICY
30. Partial refunds are available in Term 1 at the discretion of D’Air Dance Collective. The Parent and/or Dancer understands that there is no refund for any reason in Term 2 or Term 3; January 1st to end of June of the dance year agreed upon. Term dates are as follows: Term 1: September to December 31st; Term 2: January 1st to March 31st; or Term 3: April 1st to the end of June.

31. The Parent and/or Dancer understand that there are no refunds for classes that are missed due to illness of the Dancer or improper dress code.

IMPORTANT DATES

Classes Begin - Tuesday, September 8th 2020
Thanksgiving Monday
Studio Closed - Monday October 12, 2020
Christmas Break Studio Closed -December 21, 2020 – January 3rd, 2021
Family Day Studio Closed - Monday February 15
March Breach - Studio Closed – April 12 – April 18
Easter Studio Closed -Sunday April 4th to Monday April 5th
Victoria Day Studio Closed- Monday May 24th, 2021
Last Day of Classes Friday June 18th, 2021

MAKE UP CLASSES
32. The Dancer understands that dance classes that fall on a statutory holiday will not be made-up.

33. Classes cancelled due to inclement weather or extraneous circumstances will be made-up at a date to be decided upon by D’Air Dance Collective.

34. If classes are cancelled due to a teacher’s illness, a substitute teacher will conduct the class. In the event a substitute teacher is unable to conduct the class, the class will be rescheduled at the earliest convenience.

YEAR END RECITAL
35. All Dancers are invited to participate in the year-end recital. The Dancer understands that additional rehearsals, for opening and closing routines, and multiple performances, may be scheduled.

36. The Dancer understands that attendance at the dress rehearsal prior the performance, if offered, is mandatory and all performances thereafter during the term.

CONFIDENTIALITY
37. All personal contact information will remain strictly confidential with D’Air Dance Collective and will not be shared.

38. Both D’Air Dance Collective, the Dancer, and if applicable, Parent and or Guardian, agree that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information belonging to the other party which they have obtained through the operation of this Agreement, except as authorized by the party or as required by law.

39. Each parent and or guardian fully understands that mutual agreements made between D’Air Dance Collective, the Dancer, and if applicable, Parent and/or guardian are to be treated as confidential and private. This includes but is not exhaustive of payment plans, medical conditions, and discussions regarding the Dancer’s performance and/or participation.

40. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this agreement.

MEDIA RELEASE
41. The Dancer hereby grants full permission to D’Air Dance Collective to photograph, and/ or record any dance class or related activity, including but not exhaustive, of the year-end dance recital, in which they are participating.

42. The Dancer further acknowledges that D’Air Dance Collective may use the photographs, motion pictures, videotapes, recording or any other record of the Dancer’s participation in any dance class or related activities for purposes of social media, website, advertising, online courses and archiving.

43. The Dancer further grants full permission to D’Air Dance Collective to use any photographs, motion pictures, videotapes, recording or any other record of the Dancer’s participation in any dance class or related activities for the purpose of, without limitation, commercial use.

44. The Dancer releases D’Air Dance Collective from all claims which the Dancer may have now or in the future for compensation of any kind arising out of the Dancer’s participation in the said photographs, motion pictures, videotapes, recording or any other record of my participation in any dance class or related activities.

JURISDICTION
45. This Agreement will be governed and construed in accordance with the law of the Province of Ontario.

ENTIRE AGREEMENT
46. I acknowledge and represent that I have fully read and understood this Agreement and I agree to conform and comply with this Agreement in its entirety. I also agree that I have read and understand the tuition and consume policies. The person who signs the Agreement is responsible for the account and having tuition paid on time. I further understand that D’Air Dance Collective permitting me to participate in any dance programs or related activities accept my statements on this Agreement.

NON-DISCLOSURE AGREEMENT

THIS NON-DISCLOSURE AGREEMENT (hereinafter: the “Agreement”) is made and entered into and effective as of between _____________________________ (date) by and between _______________________________ (hereinafter the “Recipient Party”) and Jessica Alessia Mannara (hereinafter: “D’Air Dance Collective”) (and collectively “the Parties”). This agreement sets forth the legally binding terms and conditions for the Agreement.

IN CONSIDERATION OF this Agreement you hereby acknowledge, understand and agree to be bound by the following terms and conditions.

TYPE OF AGREEMENT
This Agreement shall be mutual whereby both parties shall be prohibited from sharing learned confidential and proprietary information that is communal between both parties.

CONFIDENTIAL INFORMATION
Confidential Information means any information of or about D’Air Dance Collective and it’s relationship with the Recipient Party that is identified as “confidential” or “proprietary” or “private” in nature at the time of the disclosure, when delivered orally or by any other means

EXCLUSIONS
The Parties obligations under this Agreement do not extend to information that are:
(i) Matters of public knowledge at the time of disclosure or subsequently becomes publically known through no fault of either party;
(ii) discovered or created by either party before disclosure,
(iii) learned by either party through legitimate means; or
(iv) disclosed by either party with written approval from the other party;
and any other information that both parties agree in writing is not confidential.

OBLIGATIONS TO PROTECT CONFIDENTIAL INFORMATION
The Recipient Party understands and acknowledges that the Confidential Information has been developed by D’Air Dance Collective, and that it is valuable, special and unique to the relationship between D’Air Dance Collective and the Recipient Party, and needs to be protected from improper disclosure.
In consideration for the receipt by the Recipient Party of the Confidential Information, the Recipient Party agrees as follows:
1. No Disclosure: The Recipient Party will hold and maintain the confidential information in strictest confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of D’Air Dance Collective.

2. No Copying/ Modifying: The Recipient Party will not copy or modify any Confidential Information without the prior written consent of D’Air Dance Collective.

3. Unauthorized Use: The Recipient Party shall promptly advise D’Air Dance Collective if the Recipient Party becomes aware of any possible unauthorized disclosure or use of the Confidential Information.

4. Application to Employees: The Recipient Party shall not disclose any Confidential Information to employees, contractors, and third parties, such as other parents and/or dancers, unless it is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement.

5. Written Consent: The Recipient Party shall not, without written approval from D’Air Dance Collective, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of D’Air Dance Collective any Confidential Information.

6. Records: The Recipient Party shall return any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if D’Air Dance Collective requests so in writing.

TERM
The provisions of this Agreement shall survive the termination of this Agreement and the Parties due to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until D’Air Dance Collective sends a written notice releasing the other party from this Agreement, whichever occurs first.

SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

JURISDICTION
This Agreement shall be interpreted and governed in accordance with the laws of the Province of Ontario.

BINDING EFFECT
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

ENTIRE AGREEMENT
This document reflects the entire Agreement between D’Air Dance Collective and the Dance Instructor. The Parties agree to the terms and conditions set forth above as demonstrated by their signature as follows: