TERMS & CONDITIONS
Braden Lynch will provide acting training to the undersigned actor (the “Actor”) based on the terms and conditions set forth below. By signing this Coaching Agreement Terms and Conditions, Actor acknowledges and agrees with all of the following terms and conditions:
Fees and Scheduling
All classes and private coaching sessions shall be scheduled as mutually agreed in advance by the Actor and Braden Lynch. The fees for classes and private coaching sessions, as well as payment requirements, are set out on Schedule 1 attached to these Terms and Conditions, which schedule may be revised from time to time upon prior notice to Actor. The Actor may discontinue classes and private coaching sessions at any time, subject to the cancellation policy described below.
Release Of Liability, Promise Not To Sue, Assumption Of Risk And Agreement To Pay Claims
Actor understands that the training provided by the Braden Lynch Studio is for the purpose of individual and artistic growth.
Actor understands that Braden Lynch is dedicated to safety and professionalism; nevertheless, Actor understands that acting and participation in the training involves an emotional and physical commitment and that there are risks associated with the same, including the risk of physical and psychological injury, as well as damage to personal property.
Actor acknowledges that, in consideration for being provided acting training, on behalf of Actor and Actor’s next of kin, heirs and representatives, Actor hereby releases Braden Lynch and his employees, volunteers and agents (collectively referred to hereafter as “Studio”) from all liability for any physical or psychological injury (including paralysis and death), illness, damage to personal property, economic or emotional loss (collectively referred to hereafter as “Losses”) that Actor may suffer because of Actor’s participation in the training, even if the same are a result of Studio’s negligence.
Actor acknowledges that Actor is aware of the risks associated with participating in the training. Actor understands that Losses may arise from Actor’s own, or another’s, actions or inaction or negligence. Nonetheless, Actor agrees to assume all risks, both known and unknown to Actor, of participation in the training. Actor hereby agrees to hold Studio harmless from any and all claims arising from all Losses that Actor may suffer because of Actor’s participation in the training, even if the same are a result of Studio’s negligence, and promises not to sue Studio in connection with the same. If Studio incurs any expenses relating to such claims, including attorney’s fees, Actor agrees to reimburse Studio for the same. If Actor needs medical treatment, Actor agrees to be financially responsible for any costs incurred as a result of such treatment. Actor is aware and understands that Actor should carry his/her own health insurance.
Actor is 18 years or older and understands the legal consequences of signing this document, including (a) releasing Braden Lynch and his employees, volunteers and agents (collectively referred to as “Studio”) from all liability except gross negligence and intentional misconduct, (b) promising not to sue Studio, (c) and assuming all risks of participating in the training. Actors under the age of 18 require a parent or guardian’s approval to participate in classes or private coaching sessions, as well as their agreement to the terms herein.
Actor understands that this section of these Terms and Conditions is written to be as broad and inclusive as legally permitted by the State of California. Actor agrees that if any portion is held invalid or unenforceable, Actor will continue to be bound by the remaining terms.
Payment Authorization
Actor authorizes Braden Lynch to debit his/her credit/debit card on file for payments for group classes and/or private coaching sessions. Actor understands that in signing up for class, Actor is also signing up for auto-payments as provided in Schedule 1 attached hereto. Actor understands that, in the event Actor prefers to pay by some means other than a credit/debit card on file with Braden Lynch, it is Actor’s responsibility to complete that payment a) in the case of an private coaching session, before that session is over, or b) in the case of group class, more than three business days before the start of a new pay cycle. If Actor does not complete payment before these deadlines, Actor’s card will be charged.
BRADEN LYNCH PROVIDES ONLY TALENT TRAINING SERVICES. THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. BRADEN LYNCH IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. HE MAY ONLY PROVIDE YOU WITH TRAINING. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT TRAINING SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.