Contract and Liability Waiver
Tuition per student enrolled is $45 monthly, totalling $135 per session per person
Tuition will be reduced to $130/session if paid in full and in advance.
Annual registration fee of $50
TUITION AND FEES ARE DUE BY THE FIRST DAY OF CLASS
Check (To Creative Kinesthetics and mail to 375 S 100 W Cedar City, UT 84720)
Cash (In person),
Fall Session: September 6, 2022 - December 6, 2022
Spring Sesssion: January 10, 2023 - April 11, 2023
RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Movement/Dance Classes organized by Creative
Kinesthetics, of 59 N 100 W, Cedar City, Utah, 84720 and/or use of the property, facilities and
services of Creative Kinesthetics, I agree for myself and (if applicable) for the members of my
family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules
and warnings, and further agree to follow any oral instructions or directions given by Creative
Kinesthetics, or the employees, representatives or agents of Creative Kinesthetics.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain
inherent risks associated with the above described activity and I assume full responsibility for
personal injury to myself and (if applicable) my family members, and further release and
discharge Creative Kinesthetics for injury, loss or damage arising out of my or my family's use of
or presence upon the facilities of Creative Kinesthetics, whether caused by the fault of myself,
my family, Creative Kinesthetics or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Creative Kinesthetics against all
claims, causes of action, damages, judgments, costs or expenses, including attorney fees and
other litigation costs, which may in any way arise from my or my family's use of or presence
upon the facilities of Creative Kinesthetics.
4. FEES. I agree to pay for all damages to the facilities of Creative Kinesthetics caused by any
negligent, reckless, or willful actions by me or my family.
5. CONSENT. I consent to the participation of my Child/Self, in the activity of Movement/Dance Classes, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of Child/Self.
6. MEDICAL AUTHORIZATION. In the event of an injury to the above minor during the
above described activities, I give my permission to Creative Kinesthetics or to the employees,
representatives or agents of Creative Kinesthetics to arrange for all necessary medical treatment
for which I shall be financially responsible. This temporary authority will begin on September
07, 2021 and will remain in effect until terminated in writing by the undersigned or when the
above described activities are completed. Creative Kinesthetics shall have the following powers:
a.The power to seek appropriate medical treatment or attention on behalf of my child as may
be required by the circumstances, including without limitation, that of a licensed medical
physician and/or a hospital;
b.The power to authorize medical treatment or medical procedures in an emergency situation;
c.The power to make appropriate decisions regarding clothing, bodily nourishment and
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the
above shall be resolved under Utah law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this
Agreement and that I have been given a reasonable opportunity to review it before signing. I
further agree and acknowledge that I am free to have my own legal counsel review this
Agreement if I so desire. I further agree and acknowledge that Creative Kinesthetics has offered
to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of
an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in
the interpretation of this Agreement, or any of its provisions, the Parties, and each of them,
explicitly reject the application of any legal or equitable rule of interpretation which would lead
to a construction either "for" or "against" a particular party based upon their status as the drafter
of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this
Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall
not affect the validity or enforceability of any other provision of this Agreement or of any other
applications of such provision, as the case may be, and such invalid or unenforceable provision
shall be deemed not to be a part of this Agreement.
11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or
relating to this Agreement through friendly negotiations amongst the parties. If the matter is not
resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute
Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to
mediation in accordance with any statutory rules of mediation. If mediation is not successful in
resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final
and binding arbitration under the rules of the American Arbitration Association. The arbitrator's
award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER
UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER
CERTAIN LEGAL RIGHTS.
This Release of Liability is executed and agreed to by