PARTIES AND DEFINITIONS
This Liability Waiver, Release of Liability, and Media Consent Agreement ("Agreement") is entered into between Cache Studios Inc., a New York corporation ("the Studio," "Released Party," or "Cache Studios"), and the undersigned participant or, where the participant is a minor (under 18 years of age), the participant's parent or legal guardian ("Releasor," "I," "me," or "my").
"Released Parties" means Cache Studios Inc., its parent company, subsidiaries, affiliates, successors, assigns, landlord, building owner, property manager, officers, directors, shareholders, members, partners, owners, managers, agents, employees, independent contractors, instructors, guest artists, choreographers, musicians, volunteers, assistants, faculty, students, and any other person or entity acting on behalf of or in association with Cache Studios Inc.
"Activities" means all dance classes, rehearsals, performances, workshops, intensives, camps, auditions, open studios, social events, and any other activity, program, or service offered, organized, hosted, or sponsored by Cache Studios Inc., whether on or off the premises located at 1379 Commerce Avenue, Bronx, New York 10461 or at any other location.
1. VOLUNTARY ASSUMPTION OF RISK
I expressly acknowledge that participation in the Activities involves inherent and significant physical risks that cannot be fully eliminated, including but not limited to:
▪ Bodily injury, including sprains, strains, fractures, dislocations, torn ligaments, and muscle tears
▪ Falls, trips, collisions with other participants, equipment, or studio fixtures
▪ Cardiovascular events, exhaustion, dehydration, heat-related illness, or other physical distress
▪ Aggravation of pre-existing medical conditions or prior injuries
▪ Illness, infection, or disease, including communicable diseases
▪ Injury caused by the actions or omissions of other participants, instructors, or third parties
▪ Death
I VOLUNTARILY AND KNOWINGLY ASSUME ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, INHERENT OR OTHERWISE, AND UNDERSTAND THAT CACHE STUDIOS INC. CANNOT GUARANTEE MY SAFETY OR THE SAFETY OF ANY MINOR IN MY CARE. My participation is entirely voluntary and I am not required to participate.
2. RELEASE AND WAIVER OF LIABILITY
In consideration of being permitted to participate in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on behalf of myself, my minor child (if applicable), my heirs, estate, executors, administrators, personal representatives, successors, and assigns, hereby IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from any and all claims, demands, actions, causes of action, suits, liabilities, obligations, damages, losses, costs, and expenses of any nature whatsoever, known or unknown, present or future, whether arising in tort, contract, statute, or otherwise, arising out of or in any way connected with:
▪ My participation or the participation of my minor child in any Activities;
▪ The condition of the premises at 1379 Commerce Avenue, Bronx, New York 10461 or any other location where Activities take place;
▪ The actions, inactions, instructions, or supervision of any Released Party;
▪ Any equipment, flooring, mirrors, barres, sound systems, or other property used in connection with the Activities;
▪ Transportation to or from any Activities;
▪ Any medical treatment or emergency response, or the failure to provide the same.
THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM OR ATTRIBUTABLE TO THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, to the fullest extent permitted under the laws of the State of New York. I understand that New York General Obligations Law § 15-108 and applicable case law permit the release of negligence claims in this context, and I knowingly and voluntarily release such claims.
I acknowledge and agree that this release is intended to be as broad and inclusive as permitted by New York law, and that if any portion is held invalid, the balance shall continue in full legal force and effect.
3. INDEMNIFICATION AND HOLD HARMLESS
I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, suits, judgments, damages, losses, costs, and attorneys' fees (including appellate fees) arising out of or related to: (a) my participation or the participation of my minor child in the Activities; (b) any breach of this Agreement; (c) any misrepresentation made by me herein; or (d) any claim brought by any third party arising from my participation or the participation of my minor child in the Activities. This indemnification obligation shall survive the termination or expiration of this Agreement.
4. MEDICAL AUTHORIZATION AND HEALTH REPRESENTATION
I represent and warrant that I am (and/or my minor child is) in good physical health and have no medical condition, injury, or disability that would prevent safe participation in the Activities, or that I have disclosed all relevant conditions to Cache Studios Inc. in writing prior to participation. I acknowledge that Cache Studios Inc. does not provide medical advice or medical screening, and that I am solely responsible for determining whether participation in the Activities is medically appropriate.
In the event of a medical emergency arising during Activities, I hereby authorize Cache Studios Inc. and its staff to take such emergency action as they deem reasonably necessary, including calling emergency medical services and consenting to emergency medical treatment on my behalf or on behalf of my minor child. I agree to be solely responsible for all costs, expenses, and fees associated with any such medical treatment, transport, or emergency services. I release the Released Parties from any and all liability arising from such emergency actions taken in good faith.
5. PERSONAL PROPERTY
Cache Studios Inc. is not responsible for the loss, theft, damage, or destruction of any personal property brought onto the premises or to any off-site Activity location. I assume full responsibility for all personal belongings and agree to hold the Released Parties harmless from any claims related to personal property.
6. CONSENT ON BEHALF OF A MINOR PARTICIPANT
If I am signing this Agreement on behalf of a minor participant, I represent and warrant that: (a) I am the minor's parent or legal guardian with full legal authority to execute this Agreement; (b) I have explained the nature and risks of the Activities to the minor to the extent appropriate; and (c) I am executing this Agreement on behalf of myself AND the minor, and this Agreement shall be binding on the minor, myself, our heirs, assigns, and legal representatives.
NOTICE: Under New York law, the enforceability of parental releases of minors' claims is subject to judicial scrutiny. Notwithstanding, by signing below, the parent or guardian agrees to indemnify the Released Parties for any claims brought by or on behalf of the minor to the fullest extent permitted by law, and waives any claims the parent or guardian personally holds. Cache Studios Inc. strongly encourages parents and guardians to retain independent legal counsel before executing this Agreement on behalf of a minor.
7. MEDIA RELEASE AND INTELLECTUAL PROPERTY CONSENT
I grant Cache Studios Inc. and its authorized representatives a perpetual, irrevocable, royalty-free, worldwide license to photograph, video record, livestream, or otherwise capture images, likeness, voice, and performance of me and/or my minor child during or in connection with any Activities ("Media"). I authorize Cache Studios Inc. to use, reproduce, distribute, publish, display, and otherwise exploit such Media in any format or medium, including but not limited to social media platforms, websites, printed materials, advertisements, promotional content, educational materials, and broadcast media, for any lawful purpose, without compensation, notice, or further consent.
I waive any right to inspect or approve any use of such Media prior to publication and any right to royalties or other compensation. I release the Released Parties from any and all claims arising out of or related to the use of the Media as described herein, including claims of defamation, invasion of privacy, right of publicity, or copyright infringement.
8. ACKNOWLEDGEMENT OF OPPORTUNITY TO SEEK LEGAL COUNSEL
I acknowledge that I have had a full and adequate opportunity to read and review this Agreement, to ask questions, and to seek the advice of independent legal counsel of my choosing prior to signing. I have signed this Agreement freely and voluntarily, without duress, fraud, or undue influence, and with full understanding of its legal consequences.
9. GOVERNING LAW, VENUE, SEVERABILITY, AND INTEGRATION
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Bronx County, New York, and I hereby irrevocably consent to the personal jurisdiction and venue of such courts.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. The invalidity of any one provision shall not affect the validity of the remainder of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, understandings, and representations. This Agreement may not be modified except in a signed writing executed by an authorized officer of Cache Studios Inc.
10. WAIVER OF JURY TRIAL
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR MY PARTICIPATION IN ANY ACTIVITIES. I ACKNOWLEDGE THAT THIS WAIVER IS KNOWINGLY AND VOLUNTARILY MADE.
11. CLASS ACTION AND CONSOLIDATION WAIVER
I agree that any claim or dispute I may have against Cache Studios Inc. shall be resolved solely on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action or proceeding. I waive any right to bring or participate in a class action or representative proceeding.
SIGNATURE AND ACKNOWLEDGEMENT
BY CHECKING THE BOX & SUBMITTING MY INFORMATION, I SUBMIT AS MY SIGNATURE & CERTIFY THAT: (1) I HAVE READ THIS ENTIRE AGREEMENT AND UNDERSTAND ITS CONTENTS; (2) I AM AT LEAST 18 YEARS OF AGE OR AM THE PARENT/LEGAL GUARDIAN OF THE MINOR PARTICIPANT NAMED BELOW; (3) I AM SIGNING VOLUNTARILY AND OF MY OWN FREE WILL; AND (4) I INTEND THIS AGREEMENT TO BE LEGALLY BINDING UPON MYSELF, MY MINOR CHILD (IF APPLICABLE), MY HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES.
By enrolling in any class, purchasing any pass, package, membership, or merchandise at Cache Studios Inc., you acknowledge that you have read, understood, and agree to be bound by the following studio policies. These policies are strictly enforced without exception. Please read carefully.
SECTION 1 — MEMBERSHIP AUTO-RENEWAL
1. Automatic Renewal
All memberships are enrolled on an automatic recurring billing cycle and will renew automatically every four (4) weeks from the original date of enrollment. By purchasing a membership, you expressly authorize Cache Studios Inc. to charge your payment method on file at the start of each renewal cycle without further notice. It is the member's sole responsibility to manage and monitor their membership status.
SECTION 2 — NO REFUNDS & ALL SALES FINAL
2. Non-Refundable Purchases
All sales are final. Classes, class passes, packages, memberships, and merchandise are strictly non-refundable and non-exchangeable once purchased. Cache Studios Inc. does not issue refunds, credits, or exchanges under any circumstances, including but not limited to schedule conflicts, personal emergencies, illness, or change of mind.
3. All Sales Are Final
There are no exceptions to this policy. By completing any purchase with Cache Studios Inc., you agree and acknowledge that the transaction is final at the point of sale.
SECTION 3 — UNUSED CLASSES & FORFEITURE
4. Forfeiture of Unused Classes
Any unused classes, credits, or sessions remaining at the expiration of your pass, package, or membership period are automatically forfeited. Unused classes hold no monetary value and are considered null and void upon expiration. Cache Studios Inc. is not responsible for any unused credits, regardless of the reason they were not used.
5. Non-Rollover of Package Credits
Class credits purchased as part of any class package are valid during the designated usage period only. Credits do not roll over, carry forward, or accumulate into a subsequent billing period or month under any circumstances. All credits expire at the end of their designated period and are immediately forfeited thereafter.
SECTION 4 — PASS & MEMBERSHIP PAUSES
6. Pause Eligibility
Pauses are a privilege extended exclusively to members enrolled in an active monthly auto-renewal membership. Single-class passes, punch cards, and class packages are not eligible for pauses under any circumstances.
Pause requests are subject to the following conditions:
▪ A valid, current doctor's note citing a specific medical reason for the requested pause is required.
▪ All pause requests must be submitted in writing via email to frontdesk@cacheny.com. Verbal or in-person requests will not be accepted.
▪ Pause requests must be received before the next billing date to take effect for the upcoming cycle.
▪ Cache Studios Inc. reserves the right to approve or deny pause requests at its sole discretion.
SECTION 5 — MEMBERSHIP CANCELLATION POLICY
7. Minimum Commitment Period
All memberships require a minimum commitment of four (4) months from the original date of enrollment. Members who request cancellation before completing this four (4) month commitment period will be charged an early termination fee of $125.00. This fee will be billed to the payment method on file at the time of the cancellation request.
Cancellation after the minimum commitment period:
▪ Once the four (4) month minimum commitment has been fulfilled, members may cancel their membership at any time.
▪ Cancellation requests must be submitted in writing via email to frontdesk@cacheny.com.
▪ Cancellations are not accepted verbally, in person, or via social media or phone.
▪ Cancellation requests must be received at least 7 days prior to the next billing date to avoid being charged for the subsequent cycle. Requests received after this window will take effect the following billing cycle.
▪ Access to the studio and classes continues through the end of the paid period following an approved cancellation.
ACKNOWLEDGEMENT
By enrolling in a membership, purchasing a pass or package, or participating in any class at Cache Studios Inc., you confirm that you have read and agree to all of the policies outlined in this document. These policies are non-negotiable and apply to all clients without exception. Cache Studios Inc. reserves the right to update or amend these policies at any time. Continued use of studio services constitutes acceptance of any updated terms.
Questions or written requests: frontdesk@cacheny.com
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