RIGHT TO USE LIKENESS
I Authorize LDP to allow Students’ images in photos and videos for print publication/advertising and online on web pages and all social media, including live streaming, for promotional and educational purposes.
If you wish to opt out of media use for your child, you may submit a written opt-out form via the Parent Portal. While LDP will make good faith efforts to honor these requests, such preferences must be submitted at least 7 days before the activity or event, and full exclusion cannot be guaranteed for group-based activities.
Request for Social Media/Marketing Materials Dismissal
Social Media Release of Liability
- I understand that LDP may use such photographs or videos with or without associating names thereto.
- I further waive any claim for compensation of any kind for LDP’s use or publication of photographs or videos of my minor child.
- All grants of permission and consent and all covenants, agreements, and understandings contained herein are irrevocable.
- I hereby release LDP from liability to the fullest extent permitted by law for the use of such media, provided such use is lawful, non-defamatory, and related to the activities of the program. I do not waive any rights not legally waivable under California law.
- I understand that all data collected will be processed and stored in compliance with California privacy laws and that I may request the removal of personally identifiable information by submitting a written request.
WAIVER & RELEASE
As a material inducement for LDP to permit Student to participate in any LDP activity, whether in-person, outdoors or via online webcast (including but not limited to: dance, acro, gymnastics, tumbling, performing arts, acting, singing, fitness, yoga and pilates), to use LDP facilities or LDP Equipment, Student (or Parent/Authorized Agent), hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive, release and hold LDP harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of LDP, injuries, death, damage or loss (including legal fees), present or future, foreseen or unforeseen, anticipated or unanticipated (collectively “Claims”), that you, Student, Student’s family and/or Student’s guests have (or that accrue to the same) against LDP and generally release and discharge LDP, their employees, agents, representatives, elected officials, contractors, subcontractors, successors, heirs, assigns, lessors, affiliates, volunteers and legal representatives from any and all claims, including but not limited to those involving (i) participating in any supervised or unsupervised dance, acro, gymnastics, tumbling, performing arts, acting, singing, fitness, yoga, pilates and other fitness activities, (ii) use of any fitness training equipment, props, sets, including LDP Equipments, (iii) any loss or theft of personal property, and (iv) accidental injuries, such as “slip and fall” injuries on or outside of LDP premisses, licensed areas, and/or venues and Student (or Parent/Authorized Agent), hereby promise never to assert or assist any other party in asserting, any claims or causes of action against LDP in any matter that in any way relates to and Claims.
LIMITATION OF LIABILITY
The parties to this agreement acknowledge and agree that LDP and none of its employees, or any of its agents are personally liable for any litigation or disputes arising hereunder, whether direct or indirect and of any nature whatsoever. To the extent permitted by law, LDP’s total aggregate liability under this agreement shall not exceed an amount equal to three (3) months of tuition paid for the class or activity in which the issue arose. Nothing in this Agreement limits the rights of any party under California consumer protection statutes.
SEVERABILITY
Student expressly agrees that this agreement is governed by the State of California and is intended to be as broad and inclusive as permitted by California law. If any provision of this agreement is held unenforceable, the remainder shall remain in effect to the fullest extent possible, consistent with the parties’ intent and applicable law.
VENUE
Any disputes arising under this agreement shall be governed by the laws of the State of California. Venue for any such action shall be brought in the Superior Court of California, County of Sacramento.
ATTORNEY’S FEES
Student acknowledges that this agreement is a contract and agrees that in the event of a dispute, claim, action, proceeding, pre-litigation matters, or lawsuit arising from or in connection with the execution, noon-performance, or breach of any obligation of this agreement, Student shall pay all attorney’s fees and costs, including, without limitation, expert witness fees and costs, incurred by LDP.
INCORPORATION
The BAYPAC Agreement for Parents and Students and LDP Participation Policies are fully incorporated herein by reference.
ENTIRE AGREEMENT
This agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes all statements, negotiations, agreements, and understandings not herein included or referenced. This agreement may only be amended by a written document signed by all parties. Any updates to LDP policies made during the season will be communicated in writing and shall become binding upon continued participation following such notice.