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Terms & Waivers

ONLINE CREATIVE SPACES CANCELLATION POLICY

Cancellations made one week or more before the session start date will receive a full refund less a 10% cancellation fee. There are no refunds for cancellations made with less than one week's notice. There are no credits, refunds or prorations offered for missed classes.

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NO REFUNDS FOR DROP-IN ONLINE PROGRAMS

There are no refunds for drop-in online programs. This includes cancellations, forgetting to attend and technical issues. If Mr. D's Music Club cancels a drop-in online program we will provide you with a credit for the value you originally paid to apply to a future program.

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ONLINE CLASS MINIMUM

Mr. D's Music Club reserves the right to cancel any online program that does not have a minimum of five (5) participants. Should we cancel, you will have the option to transfer to another online class, be issued a credit for the amount paid or request a full refund.

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2023 CAMP CANCELLATION POLICY

Families may cancel their 2023 summer camp registration prior to April 1st and receive a full refund less 5% cancellation fee. After April 1st, cancellations will be subject to a 20% cancellation fee. There are no refunds for cancellations made three (3) weeks or less prior to the camp start date.

 

You may change camp dates for the current camp season at anytime (pending there is space in the new camp week(s)). There is a $20 transfer fee/child.

 

Should Mr. D's Music Club have to cancel camp due to, but not limited to, low enrollment, location access limitations, or other necessary reasons, we will offer you alternative dates for attending camp if space is available, a full refund of the amount paid with no penalty, or credit for the amount paid for future programs.

 

Should Alameda County move into the red or purple COVID-19 tiers or the camp is closed for any other COVID-19 related reason by the Federal Government, State of California, County of Alameda or City of Oakland or any other government agency, then Mr. D's Music Club In-Person Summer Camps will transition to a half-day online summer camp (9am - 12:30pm) for the remaining portion or the entire camp week(s) that has been cancelled. Should this situation arise, your child will automatically be enrolled in the online summer camp option. No refunds or credits will be issued for COVID related closures of camp.

 

Furthermore, Splendid Productions, LLC is not responsible for camp closures due to natural disasters, global warming events, pandemic outbreaks, or any unforeseen event. No refunds or credits will be issued in the event of these situations.

 

There are no refunds or credits offered for missed camp days.

 


TRANSFERS

You may make changes to your summer camp registration up to 14 days before the start of any summer camp session or class (depending on availability). A $20 fee will apply to any session changes regardless of your original enrollment dates. Sessions/classes are not transferable to other campers.

 

 

OUTSTANDING BALANCES

While attending Mr. D’s Music Club, any outstanding balances will be charged daily to the credit card on file. This includes, but is not limited to, drop in extended care (when offered), t-shirt purchases, daily drop-in (if available), face mask replacement, late pick-up fees, and other fees as they arise. 

 

 

GIFT CERTIFICATES AND AUCTION PRIZES

To redeem please contact hailey@mrdsmusicclub.com. Gift Certificates have no cash value. They cannot be used for other services such as extended care, Pizza day or merchandise. They can be sold or donated but they cannot be refunded. Gift Certificates do expire at the end of each summer.

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2023 ACKNOWLEDGMENT OF RISK, WAIVER, AND RELEASE OF LIABILITY

In exchange for participation in the activity of Mr. D’s Music Club including, but not limited to, summer camps, after-school programs, and online programs (the “Programs”) organized, operated, or conducted by Splendid Productions, LLC (dba Mr. D’s Music Club) for the date(s) associated with my child/children’s registration and attendance in said Program(s), I agree to the following:

 


By registering this child/children for Mr. D’s Music Club’s Program(s), I represent that I am the legal guardian of said child/children and that I have the legal authority to authorize their participation in Mr. D’s Music Club Programs and all activities of said Programs.

 


I recognize, understand, and acknowledge that there are certain inherent risks associated with the activities of the Programs, including, but not limited to, outdoor and playground activities, classroom activities, indoor activities, physical activities, sports and active games, singing, dancing and art activities and field trips taken in connection with Mr. D’s Music Club. Equipment used in activities may break, fail, or malfunction and cause injury. Some of the equipment used in activities may cause injuries even when used as intended. These are some, but not all, of the risks inherent in the Program activities; a complete listing of inherent risks is not possible and some risks cannot be anticipated.

 


On my own behalf and on behalf of the child/children named in this registration, I acknowledge the risks associated with participation in the Programs and expressly and voluntarily assume the risks of participation in the Programs and activities operated by Splendid Productions, LLC and hereby waive and release all claims, demands, actions, causes of action, damages, judgments, losses, liabilities, and costs or expenses, including attorney fees and other litigation costs, (“Claims”)(whether on behalf of the child/children named in this registration or for my own benefit) against Splendid Productions, LLC (including its members, employees, contractors, affiliates, volunteers, representatives or agents) that may arise from injuries, harm or loss resulting from participation in the Programs and activities operated by Splendid Productions, LLC. If any aspect of this waiver is deemed to be invalid, I acknowledge that the remainder of this agreement will continue to have full force and effect.

 


I agree to indemnify, defend and hold Splendid Productions, LLC (including its members, employees, contractors, affiliates, volunteers, representatives or agents) harmless in connection with any Claims arising out of my child’s/children’s participation in the Programs operated by Splendid Productions, LLC.

 


In the event of an injury to the child/children named in this registration during the Program or above-described activities, I give my permission to Splendid Productions, LLC or to the members, employees, contractors, affiliates, volunteers, representatives or agents of Splendid Productions, LLC to arrange for all necessary medical treatment for which I shall be financially responsible.

 


Any legal or equitable claim that may arise from participation in the Programs or described activities shall be resolved under California law. The parties will attempt in good faith to resolve any dispute arising out of or related to this agreement through friendly negotiations amongst the parties. If the matter is not resolved within thirty (30) days by negotiation or as mutually extended by the parties, a request for mediation shall be made in writing. The request shall be made in advance and as a condition precedent to arbitration or litigation. The parties shall share the mediator’s fees and any filing fees equally. The parties agree to use one (1) mediator that both parties mutually agree upon and will limit the mediation to no more than one (1) day. Mediation associated with any dispute will follow the JAMS Rules and Procedures. In the event that a party does not try to mediate as a preliminary attempt to resolve the dispute and files a claim in court prior to mediation, this party then assumes all court, legal and attorney fees. Should mediation fail, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law. Any dispute filed in court shall be filed exclusively in Alameda County, California.

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I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THE TERMS, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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COVID-19 WAIVER, RELEASE, AND HOLD HARMLESS AGREEMENT

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization (WHO). COVID-19 is an extremely contagious and deadly virus that continues to evolve and mutate into variants. As a result, international governments and health agencies recommend social distancing, frequent hand-washing and the use of masks. Splendid Productions, LLC (dba Mr. D’s Music Club) including, but not limited to, Summer Camp and itsAfter School Program (“Program”) has attempted to put best efforts in place to curtail the spread of COVID-19. However, Splendid Productions, LLC (including its members, employees, contractors, affiliates, volunteers, representatives and agents) cannot guarantee that I or the child/children named in the registration will not become exposed to or infected by COVID-19. Further, attending the Program could increase my risk and the child’s/children’s named in the registration risk of contracting COVID-19 or being injured including the risk of death.

 


By registering this child/children named in the registration for Mr. D’s Music Club’s Program(s), I represent that I am the legal guardian of said child/children and that I have the legal authority to authorize their participation in Mr. D’s Music Club Programs and all activities of said Programs.

 


By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that the child/children named in the registration and I may be exposed to or infected by COVID-19 by attending the Program, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Program may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Splendid Productions, LLC (including its members, employees, contractors, affiliates, volunteers, representatives and agents), other Program participants and their families.

 


In exchange for the child/children named in the registration participation in the Program, I am aware of, understand and voluntarily agree to assume all of the foregoing risks associated with COVID-19 and accept sole responsibility for any injury to the child/children named in the registration or myself (including, but not limited to, personal injury, disability, and death), illness, damages, loss, claims, liabilities, demands, actions, causes of action, and costs or expense, including attorney fees and other litigation costs as well as medical costs and medical bills, (“Claims”) that I or the child/children named in the registration may experience or incur in connection with the child’s/children’s named in the registration attendance and participation of the Programs during the COVID-19 pandemic and I voluntarily waive my right to file a claim against Splendid Productions, LLC.

 


On my behalf, and on the behalf of the child/children named in the registration, I hereby release, covenant not to sue, discharge and hold harmless Splendid Productions, LLC, its members, employees, contractors, affiliates, volunteers, representatives or agents, of any and all Claims of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Splendid Productions, LLC, (including its members, employees, contractors, affiliates, volunteers, representatives and agents), whether a COVID-19 infection occurs before, during or after participation in the Program.

 


I understand, acknowledge and agree that for the child’s/children’s named in the registration and all other Program participants’, contractors’ and employees’ safety during the Program, I, any person I authorize to pick up or drop off the child/children named in the registration at the Program and the child/children named in the registration attending the Program will follow all rules and procedures put in effect by Splendid Productions, LLC including, but not limited to, properly wearing masks at all times, properly washing hands when directed to do so, adhering to social distancing rules, following drop off and pick up procedures and any other policies or procedures implemented by Splendid Productions, LLC at any point of the child’s/children’s named in the registration participation in the Program.

 


Any legal or equitable claim that may arise from participation in the Programs or described activities shall be resolved under California law. The parties will attempt in good faith to resolve any dispute arising out of or related to this agreement through friendly negotiations amongst the parties. If the matter is not resolved within thirty (30) days by negotiation or as mutually extended by the parties, a request for mediation shall be made in writing. The request shall be made in advance and as a condition precedent to arbitration or litigation. The parties shall share the mediator’s fees and any filing fees equally. The parties agree to use one (1) mediator that both parties mutually agree upon and will limit the mediation to no more than one (1) day. Mediation associated with any dispute will follow the JAMS Rules and Procedures. In the event that a party does not try to mediate as a preliminary attempt to resolve the dispute and files a claim in court prior to mediation, this party then assumes all court, legal and attorney fees. Should mediation fail, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law. Any dispute filed in court shall be filed exclusively in Alameda County, California.

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I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THE TERMS, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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PHOTO AND VIDEO WAIVER

During any program provided by Splendid Productions, LLC (dba Mr. D's Music Club), including, but not limited to, summer camps, after-school programs, school break camps, or any other activity (collectively referred to as "Programs"), photos or videos of the child/children's named in the registration may be taken or recorded during the Program's activities. Therefore, I grant Splendid Productions, LLC permission to photograph and/or record my child’s likeness and voice using video, audio, photographic, digital, electronic, or any other medium (collectively referred to as the "Recordings") as part of my attending child's/children’s participation in the Programs. I acknowledge that all rights, title, and interest to the Recordings will belong to Splendid Productions, LLC.

 


I further understand that Splendid Productions, LLC may use, reproduce, exhibit or distribute in any medium (e.g. print publications, videos, online, podcasts, transcripts) these Recordings for any purpose that Splendid Productions, LLC, and those acting pursuant to its authority, deem appropriate, including promotional, advertising or marketing efforts. I understand my child's/children’s named in the registration image and likeness may be used in promotional, advertising, and marketing efforts and materials, which includes, but are not limited to, brochures, posters, websites, media press, social media such as Facebook, Instagram and any and all other social media sites, and other related marketing purposes for Splendid Productions, LLC. I am aware that the Recordings may be altered, edited, copied, or creatively changed during the creation of said promotional, advertising and marketing materials.

 


I represent that I am the legal guardian of the child/children named in the registration and I voluntarily waive all rights, title, interest to the Recordings as well as any royalties, payments and compensation to me should my child's/children’s named in the registration image and likeness be used in any promotional, advertising or marketing efforts and materials created or used by Splendid Productions, LLC.

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I HAVE READ THIS PHOTO AND VIDEO RELEASE AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY TYPING MY NAME BELOW, I VOLUNTARILY WAIVE CERTAIN LEGAL RIGHTS.

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