Terms and Conditions
In consideration of being allowed to participate in any way, in any of AfterWork Theater Inc. (“AWT”) rehearsals, classes, programs, events, or activities, I understand, acknowledge and agree to the following:
1. I understand that once registered, I am NOT entitled to a tuition refund for any reason whatsoever, except as outlined by the “Try-it-out” policy for new participants only.
2. I understand the physical requirements of the rehearsal, class, program, event, or activity in which I will be participating, and certify that I am physically fit and able to participate in the rehearsal, class, program, event, or activity, and have not been advised otherwise by a qualified medical professional.
3. I agree to comply with any and all rules, regulations, terms and conditions for participation in the rehearsal, class, program, event, or activity, as laid out by the AWT officials, creative directors, stage managers, choreographers, technical directors and crew members. I agree to inspect the equipment, facilities and premises to be used prior to participation. If I believe that anything is unsafe, I will inform the AWT officials, creative directors, stage managers, choreographers, technical directors, crew members or facilities owners of the issue and refuse to participate if not corrected.
4. I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of AWT, other participants, volunteers, spectators, creative directors, stage managers, choreographers, technical directors, crew members, officials, and organizers; (b) conditions of the premises, facilities or equipment used; and, (c) the skill, ability and condition of other participants, and their failure to abide by the rules, regulations, terms and conditions for participation in the rehearsal, class, program, event, or activity. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. AWT cannot control these risks, nor has AWT judged my skill level or ability prior to allowing me to participate and consequently is not in a position to guarantee my personal health or safety during my participation in the rehearsals, classes, programs, events, or activities. I KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED, FORESEEABLE AND UNFORESEEABLE, EVEN IF ARISING FROM THE NEGLIGENCE OF AWT OR OTHERS, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
5. COVID-19: I understand that: (a) the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and that COVID-19 is extremely contagious and is believed to spread from person-to-person contact and potentially through airborne transmission; (b) it is believed that an individual can be infected with COVID-19 without their knowledge and be asymptomatic; (c) AWT has put in place preventive measures to reduce the spread of COVID-19 but AWT cannot guarantee that I or anyone else will not become infected with COVID-19, including my spouse, roommates, guests, unborn child, or relatives; and (d) participation in AWT rehearsals, classes, programs, events, or activities, could increase the risk of contracting COVID-19. By agreeing to this document, I ACKNOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in AWT rehearsals, classes, programs, events, or activities, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself, my spouse, roommates, guests, unborn child, or relatives. I understand that the risk of becoming exposed to or infected by COVID-19 at AWT rehearsals, classes, programs, events, or activities may result from the actions, omissions, or negligence of myself or others, including, but not limited to, AWT employees, other participants, volunteers, spectators, creative directors, stage managers, choreographers, technical directors, crew members, officials, and organizers. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury or illness that may occur. Further, I UNDERSTAND AND AGREE that this release includes any Claims based on the actions, omissions, or negligence of AWT, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any AWT rehearsals, classes, programs, events, or activities.
6. I agree that I am not entitled to a refund if I withdraw from any AWT program for reasons relating to COVID-19.
7. I agree that I will not participate in AWT rehearsals, classes, programs, events, or activities if I am not feeling well and that by attending any AWT rehearsals, classes, programs, events, or activities I am certifying each time that: (a) I am not experiencing any COVID-19 symptoms, including, but not limited to: fever, cough, shortness of breath/difficulty breathing, chills, muscle pain, sore throat, new loss of taste or smell, persistent pain or pressure in the chest, inability to wake or stay awake, bluish lips or face; (b) I am not within the timeframe for isolation determined by the CDC as a result of testing positive for COVID-19.
8. I, on behalf of myself, my heirs, beneficiaries, executors, administrators, personal representatives and assigns, HEREBY WAIVE, RELEASE, DISCHARGE, AND AGREE NOT TO SUE AWT, any of its affiliates or any of its or their managers, members, directors, officers, employees, volunteers, representatives, agents, creative directors, stage managers, choreographers, technical directors, crew members, and other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of equipment, facilities and premises used to conduct the rehearsals, classes, programs, events, or activities, (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities and expenses, including claims based on any Releasee’s negligence, which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in any rehearsals, classes, programs, events, or activities, of AWT, including any injury or damage to my person or property, or to that of any other person or property.
9. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses incurred by AWT relating to, resulting from or arising out of my participation in any AWT rehearsal, class, program, event, or activity.
10. I consent to have medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any rehearsal, class, program, event, or activity. I release AWT and all persons participating in any such medical treatment from all responsibility for any such actions.
11. I understand that AWT is committed to providing an environment free from sexual or other forms of harassment. Any harassment is unlawful and will not be tolerated by AWT. If I believe I have been unlawfully harassed, I should contact the Executive Director of AWT (at 917-318-3309). If I have any questions about AWT’s Behavioral Agreements, I will contact this person.
12. I understand that AWT does not make false promises nor representations. They are not agents, casting directors, or managers. They are a recreational facility designed to entertain participants through rehearsals and performances. They do not and cannot guarantee bookings, signings, representation or work of any kind.
13. I understand that AWT is not responsible for lost or stolen property at any time.
14. I understand that anyone found to be violating the rules, codes of conduct, or found to be disruptive to either another individual or group may be asked to leave the premises or off-site location at any time and may be refused reentrance without any full or partial refund.
15. I hereby grant to AWT and those acting with its authority, the right to photograph, videotape, or otherwise capture or collect my likeness, voice and sounds (the “Content”) during my participation in the AWT rehearsal, class, program, event, or activity. I further acknowledge the Content to be works made for hire, and otherwise irrevocably assign and grant to AWT all rights in this Content and the right to use or sublicense the Content and my name, likeness, and biography, in AWT’s discretion, in all media and in all forms and for all purposes, including without limitation, advertising and other promotions for AWT, without any further consideration to me or any limitation whatsoever.
16. By providing my email address, I agree to receive emails from AfterWork Theater. Frequency varies. I may opt out of receiving emails at any time by clicking unsubscribe. I understand I will still receive transactional emails if I register for a program or purchase a ticket.
17. I have provided my consent to receive text messages from AfterWork Theater. By providing my phone number, I agree to receive text messages. Please note message and data rates may apply. Message frequency varies. I may opt out of receiving text SMS at any time by replying STOP.
18. I intend that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
19. I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY CAREFULLY AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THIS DOCUMENT, AND I AGREE TO IT KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.