Operator: Counter Culture US, Inc., a Delaware corporation, doing business as Keens Academy (“Keens Academy,” “Keens,” “we,” “us,” or “our”)
Address: 2035 Sunset Lake Road, Suite B-2, Newark, Delaware, United States
This Safety Waiver and Assumption of Risk (“Waiver”) applies to an adult participant’s use of Keens Academy’s online dance, movement, vocal, performance, conditioning, practice, live-class, recorded-class, coaching, and assessment services (collectively, the “Program”).
1. Voluntary Participation and Eligibility
I choose to participate voluntarily. I confirm that I am at least 18 years old and have reached the age of legal majority where I live. If I have not, my parent or legal guardian must complete the separate Parent or Legal Guardian Safety Consent.
I understand that I am responsible for deciding whether a particular activity is appropriate for me. I will not participate while impaired by alcohol, drugs, medication effects, extreme fatigue, illness, or any other condition that may make participation unsafe.
2. Medical Notice
Keens Academy, its instructors, coaches, automated systems, and service providers do not provide medical advice, diagnosis, treatment, rehabilitation, or emergency services. Any comments about posture, technique, movement, voice, breathing, or performance are educational observations, not medical findings.
If I have a health condition, injury, disability, pregnancy, recent surgery, history of fainting, cardiovascular or respiratory condition, joint or musculoskeletal problem, vocal disorder, or any other concern that could affect safe participation, I will consult a qualified healthcare professional before participating and follow that professional’s guidance.
3. Limits of Online Instruction and Automated Feedback
I understand that remote instructors and automated or AI-assisted tools cannot fully observe or verify:
- my physical condition, pain level, fatigue, balance, breathing, hydration, or readiness;
- the safety of my floor, room, furniture, equipment, footwear, clothing, or surroundings;
- whether I am performing a movement or vocal exercise correctly;
- events occurring outside the camera frame;
- technical delays, dropped frames, incorrect camera angles, or misunderstood instructions; or
- whether I need medical attention.
Automated or AI-assisted feedback may be incomplete, delayed, or inaccurate. I will use my own judgment, follow reasonable safety instructions, and stop whenever an activity feels unsafe.
4. Risks of the Program
The Program may involve foreseeable and unforeseeable risks, including:
- muscle soreness, strains, sprains, cramps, tendon or ligament injuries;
- joint, back, neck, knee, ankle, wrist, or other musculoskeletal injuries;
- slips, trips, falls, loss of balance, and collision with people, furniture, walls, or equipment;
- fatigue, overheating, dehydration, dizziness, fainting, nausea, shortness of breath, or cardiovascular stress;
- throat discomfort, hoarseness, vocal fatigue, or vocal injury from singing, speaking, breathing, or projection exercises;
- aggravation of a known or unknown health condition or prior injury;
- emotional discomfort, frustration, embarrassment, or performance anxiety;
- hearing discomfort from excessive audio volume;
- risks caused by limited space, unsuitable surfaces, improper clothing or footwear, pets, children, cords, mirrors, props, or other hazards;
- risks associated with live streaming, recording, uploading, or technical failure; and
- delayed assistance because Keens Academy is not physically present.
Serious injury is possible even when reasonable care is used.
5. My Safety Responsibilities
Before and during each activity, I will:
- Use a stable, dry, non-slip surface with enough clear space for the activity.
- Remove or avoid furniture, cords, sharp objects, breakable objects, pets, and other hazards.
- Use suitable clothing, footwear, audio volume, equipment, and lighting.
- Warm up, progress gradually, take breaks, and stay hydrated.
- Follow reasonable safety directions and use modifications when appropriate.
- Avoid movements, ranges, speeds, loads, or vocal techniques beyond my current ability.
- Keep a phone or other means of contacting local emergency services available when reasonably necessary.
- Make sure a responsible person is nearby if my health, location, or activity makes that appropriate.
- Stop immediately if I experience pain beyond ordinary exercise discomfort, chest pain, dizziness, faintness, unusual shortness of breath, loss of balance, numbness, sudden weakness, confusion, blurred vision, nausea, a new injury, acute throat or vocal pain, or any other unusual or concerning symptom.
- Seek appropriate medical attention when necessary.
6. Camera-Off and Non-Recording Options
I understand that the camera is intended to remain off by default unless I choose a feature that requires video or audio. I may use available non-camera learning and practice options without accepting video collection for an assessment.
If I do not want to be recorded or upload an assessment, I may decline that feature and return to an available camera-off path. Declining an optional recording does not, by itself, prevent access to Program features that do not reasonably require recording.
7. Assessment Recordings
If I separately choose to submit a video or audio assessment, Keens Academy may collect and use that submission only for evaluation, feedback, instructional support, progress tracking, safety or integrity review, and operation of the requested assessment service, as explained in the Privacy Policy.
Assessment recordings are not authorized for advertising, public promotion, social media, testimonial use, or AI model training under this Waiver. Any marketing or promotional use requires a separate optional Media and Marketing Consent. I may decline that consent without losing access to the core Program.
8. Emergency Situations
Keens Academy is not an emergency service and cannot provide on-site assistance. In an emergency, I will stop participating and contact the emergency services available where I am located. I will not rely on an instructor, coach, automated tool, chat function, or support channel to detect or respond to an emergency.
9. Assumption of Risk
I understand the nature of the Program, the limits of online instruction, and the risks described above. I knowingly and voluntarily accept the ordinary and inherent risks of participating, including risks associated with my own environment, equipment, decisions, and failure to follow safety instructions.
10. Limited Release
To the fullest extent permitted by applicable law, I release Counter Culture US, Inc. d/b/a Keens Academy and its directors, officers, employees, instructors, and contractors from claims for personal injury or property damage arising from:
- ordinary and inherent risks of voluntary participation;
- conditions in the environment, equipment, or devices that I select or control; or
- my failure to follow safety instructions or stop when appropriate.
This release does not apply to gross negligence, reckless or intentional misconduct, fraud, violation of law, or any right or claim that cannot legally be waived. It does not waive mandatory consumer, privacy, child-protection, or other non-waivable rights. The enforceability and scope of this section may vary by jurisdiction.
11. Governing Law and Local Rights
To the extent permitted by applicable law, this Waiver is governed by the laws of the State of Delaware, without regard to conflict-of-law rules. If mandatory law where I live provides non-waivable protections or requires a different rule, those protections and rules remain in effect.
If any provision is unenforceable, it will be limited or separated only to the extent necessary, and the remaining provisions will continue in effect.
12. Electronic Acceptance and Records
I agree that checking the required boxes and typing my full legal name constitutes my electronic signature. Keens Academy may retain the version of this Waiver shown to me, my account identifier, signature or typed name, consent selections, date and time, country or locale, and related technical records reasonably necessary to document my acceptance. I may request a copy through my account or by contacting [email protected].
13. Adult Participant Acceptance
Participant Full Legal Name: __
Date of Birth: __
Account Email: _
Country/Region of Residence:
☐ I confirm that I am an adult with legal capacity to accept this Waiver.
☐ I have read and understood the medical notice, online-instruction limits, risks, safety responsibilities, assumption of risk, and limited release.
☐ I understand that assessment recording is optional unless reasonably required for a feature I choose, and that marketing use requires a separate optional consent.
Electronic Signature / Typed Full Legal Name:
Date and Time: __
Document Version: 1.0