Release, Indemnification and Medical Treatment Authorization

RELEASE, INDEMNIFICATION AND

MEDICAL TREATMENT AUTHORIZATION

 

 

I voluntarily agree to my child’s participation in person or online in activities put on by Rosanna Magarelli, Inc., d/b/a Music Together in the City and/or d/b/a Canta y Baila Conmigo® (collectively, “MTC”).  I acknowledge that these activities may involve my child’s performing physical movements, and I understand that such physical movements will require no greater than moderate exertion and are specifically designed not to cause  my child to experience any physical strain or overexertion.  I attest that my child is in good health and is physically and psychologically able to participate in such physical movements.  For as long as my child is enrolled or participating in any activity put on by MTC, I hereby assume all risk of injury to my child attendant to his/her participation in MTC activities, and I hereby agree to forever release and discharge MTC, its officers, directors, shareholders, employees, teachers, agents and successors and assigns from any and all demands, claims, causes of action and damages in connection with any injury to my child, in connection with his/her participation in person or online in activities put on by MTC which injury is not directly caused by the gross negligence or intentional misconduct of MTC, its officers, directors, shareholders, employees, teachers or agents.  I further agree that neither I nor my assignees will make a legal claim against or attach the property of MTC, its officers, directors, shareholders, employees, teachers, agents and successors and assigns for injury or damage caused by my child’s participation in MTC activities unless caused by the gross negligence or intentional misconduct of MTC, its officers, directors, shareholders, employees, teachers or agents.

 

I further agree to release and discharge MTC from any liability resulting from any of my child’s property being lost, stolen or damaged while my child is in MTC’s premises and/or participating in MTC activities.

 

I also forever release and discharge MTC, its officers, directors, shareholders, employees, teachers, agents and successors and assigns from any and all demands, claims, causes of action and damages in connection with any injury to me suffered on MTC’s premises or while entering or leaving such premises which injury is not directly caused by the gross negligence or intentional misconduct of MTC, its officers, directors, shareholders, employees, teachers or agents.  There may be occasions where my spouse or my child’s caregiver will  accompany my child to MTC classes; in the event that such person is injured on MTC’s premises or while entering or leaving MTC’s premises, I agree to indemnify and hold MTC harmless from and against any and all demands, claims, causes of action and damages in connection with any injury to such person suffered on MTC’s premises or while entering or leaving such premises which injury is not directly caused by the gross negligence or willful misconduct of MTC, its officers, directors, shareholders, employees, teachers or agents.

 

I agree that, in the event of a medical or psychological emergency involving my child, MTC, its employees, teachers and agents shall have the authority to and, in their sole discretion, may contact 911 emergency services as well as the emergency contact person designated below.  I understand that MTC is not a medical services provider and is not expected to provide medical or psychological services, and that MTC will make its best effort to communicate with my designated contact person in an emergency.  I acknowledge that all costs incurred in providing such emergency medical or psychological services to my child initiated by MTC as provided above are solely my and not MTC’s responsibility.  

 

I hereby grant MTC, its employees, teachers and agents, at official MTC programs or events, permission to take and use any photographs, videos and/or any recorded or electronically stored images of my child in connection with an MTC program in which my child is participating, and further grant MTC, in its sole discretion, permission to show or display such photographs, videos and/or any recorded or electronically stored images of my child during an MTC program or event or online to any other participant in one or another MTC program or event; in no event, however shall MTC make such photographs, videos or any recorded or electronically stored images of my child available to the general public or for use in the advertisement or promotion MTC in any medium without first obtaining my written consent.

 

This Release, Indemnification and Medical Treatment Authorization shall be binding upon my personal representatives, heirs, executors, administrators, assigns and all the members of my family for so long as my child is enrolled in MTC or participating in any activity put on by MTC.

 

COVID-19 ASSUMPTION OF THE RISKS AND WAIVER OF LIABILITY

As consideration for MTC permitting me to take Music Together® classes, I agree to the following:

ASSUMPTION OF THE RISKS: I understand that naturally occurring disease processes (including, but not limited to, the novel coronavirus or COVID-19), may exist in the community, including at MTC, and present an inherent risk that cannot be eliminated. I acknowledge that, although MTC is taking reasonable measures to avoid contact, transmittal, and exposure of disease processes like COVID-19 between people in our classes (including Music Together Teachers, and third-parties), it is ultimately my responsibility to ensure that I and my child take appropriate actions to safe-guard ourselves, including all adults wearing masks during class. All family members must stay within their personal blanket/area and ensure that personal instruments/props are not shared between families. I understand and agree that as a registered member of MTC, I am accepting and voluntarily assuming the risk that I or my child may be exposed and become ill as a result of COVID-19 and other diseases.

WAIVER OF LIABILITY: I, on behalf of myself and my children hereby voluntarily release, forever discharge, and covenant not to sue Music Together in the City or Rosanna Magarelli Inc and its owners, managers, contractors, members, employees, agents, and volunteers, for any claims that may arise out of or relate in any way to my or my child’s exposure to any communicable disease, including but not limited to the novel coronavirus or COVID-19. I assume the inherent risk of being outdoors with my children including but not limited to ticks, bees, poison ivy, etc. The claims hereby released include, but are not limited to, claims of negligence against any of the Released Parties.

I HAVE CAREFULLY READ THIS WAIVER AND FULLY UNDERSTAND ITS CONTENTS. BY ENROLLING IN CLASSES AT MUSIC TOGETHER IN THE CITY, I UNDERSTAND I HAVE GIVEN UP CERTAIN LEGAL RIGHTS AND THAT THIS IS A BINDING LEGAL DOCUMENT.

 

 

WHAT YOU NEED TO BRING FOR YOUR OUTDOOR MUSIC TOGETHER CLASS:

 

1. A BLANKET OR SOMETHING TO SIT ON

2. WATER BOTTLE AND SUNSCREEN

3. HAND SANITIZER

4. INSTRUMENTS FOR THE DAY: A small instrument set can be purchased via the link on our website, or you can bring home made instruments (it is seriously okay if you don't buy a thing!). Children and adults will not be sharing instruments.

5. A mask for the grown-up

6.  Each family will be limited to a maximum of three members (either one caregiver/two children or two caregivers/one child)

Tuition for the Outdoor Fall Series includes the following: 

Six outdoor, in-person classes

Our private Facebook group with LIVE Musical Events

Make-ups via our on-line classes if you miss your outdoor class or we have to cancel for rain or snow

CD and music download for the amazing Family Favorties Song Collection

Fall 2020: 

There are No Makeups in Outdoor classes

Families who miss individual classes can make them by scheduling an a zoom class for that week.  Please contact Rosanna@musictogethernyc. Absolutely no credits or refunds for missed outdoor classes. 

What about if it rains/snows/hails/thunders?For outdoor classes: In case of rain or excessive heat, classes will be held on Zoom. Families will receive an email on the morning of the class in case of weather. Please make sure your inbox has our email address in it.. We reserve the right to modify or change our offerings and terms of service at any time without notice. For example, if New York State moves back into Phase 1 or 2 during the fall, we will need to move onto Zoom in order to follow state ordinances and for the safety of all involved. We shall not be liable to you or any 3rd party for modifications, price change, suspension or discontinuation of service. We cannot offer credits or refunds.

 

In consideration of the COVID-19 pandemic and the health and safety of all of families who attend Music Together® classes in person we will be following guidelines as set by the State of NY as well as the CDC for outdoor events and summer camps. By checking the box on the registration form when you register for an outdoor class, you certify that you have read this form and agree to follow by the guidelines stated below. 

 

1. Before every class, participants will be required to participate in a basic health screening consisting of these 4 questions:

  *Do you currently have any symptoms of a cold or flu ? .

  *Have you or anyone in your household been diagnosed with the COVID- 19 virus ?

  *Have you traveled internationally (or just travelled ) in the last 14 days?

  *Have you or anyone in your household been directed to self quarantine ?

 *Note that a temperature check may take place in some locations. 

2. Please refrain from attending class you've been diagnosed with coronavirus, if you or your child(ren)  have been in close proximity to someone who has recently had the coronavirus, if you or your children are feeling sick, have a fever, a cough, or are experiencing general difficulty breathing. A refund or credit, pro-rated if necessary will be offered should you need to cancel your registration for the Outdoor Class Series due to exposure to COVID- 19.  There will be no refunds or credits offered for individual missed classes.  Contact our office with questions/concerns.   

3. If you or anyone in your family or have been in close contact with is diagnosed with coronavirus symptoms after attending a MTIC class or at any time during the semester, you are required to report that immediately to our office by text or email. 

4. Please wash your hands frequently, and before and after attending our classes. We recommend that every family bring their own hand sanitizer as well.    

5. During class, children and adults will be required to maintain a minimum of a 6 foot distance between themselves and other participants who are not in the same family or other cohort. This could be challenging as children naturally tend to be social and it was not the norm in the past during our classes! However, we will be asking every family to be responsible to keep the appropriate distance with their children. Please be aware of this guideline and help us to maintain it! 

6.  Children will not be required to wear masks during class (but please have them wear them on your way to your blanket). 

7. Adults shall wear a surgical style face mask or other covering for their nose and mouth within 6 ft of those who are not in the same household, unless doing so would be contrary to his or her health or safety due to medical conditions, and except when eating.  Adults and children over age 2 (as required by state of NY) must wear masks and social distance upon arrival. Children can take off their masks on once on the blanket. Family spots will be 8’ apart and clearly marked. 

8. The Music Together Teacher will be teaching from a 12 ft distance in relationship to the participants. 

9. It is possilbe there will be no bathrooms available for these classes (depending on the location). 

10. Instruments or other objects will not be shared. Families will be advised about what to bring from home for instruments or props. A small instrument set is available for sale on our website under "Store." There is no obligation to buy a set of insturments if you will bring instruments form your own home every week.

11. Weather issues - If the class is cancelled due to rain or heat, classes will be held on zoom that day.  Families who miss individual classes can make them up in one of our zoom classes.  There will be no refunds or credits offered for missed classes.

 
 

 

Date:            _____________________

 

 

______________________________                        ________________________________

NAME OF CHILD                                                            MOTHER  OR LEGAL GUARDIAN

 

                                                                                    ________________________________

                                                                                    FATHER OR LEGAL GUARDIAN