DANCE STUDENT AGREEMENT
This Dance Student Agreement (“Agreement”) is made and entered into effective as of ___________________ (“Agreement Date”), by and between:
THRIVE DANCE PROJECT, LLC, an Illinois limited liability company (“Dance Studio”), and
_____________________________________________ (“Student”), a minor,
by and through the minor’s guardian and legal representative,
_____________________________________________ (“Legal Guardian”), a resident of Illinois.
WHEREAS, the parties desire to enter into this Agreement, which is intended to memorialize the agreement between the Dance Studio, Student, and Student’s Legal Guardian as to the terms and conditions of Student receiving dance lessons and dance instruction from the Dance Studio, and participating in dance competitions and other events with the Dance Studio. This Agreement supersedes any prior oral or written agreements between or among the parties. In consideration of the mutual agreements contained here, the Dance Studio, Student, and Legal Guardian agree as follows:
Payment of Dues.
Auto-Pay.
Enrollment in Auto-Pay. Student and Legal Guardian acknowledge and agree that as a condition of Student’s enrollment as a Student with the Dance Studio, Student’s dues owed the Dance Studio must be set up and paid via automatic pay drafted against a credit card or automatic debit via ACH payment. Student and Legal Guardian agree to maintain a valid and unexpired credit card on file, or, in the case of ACH payments, valid and proper bank account information, with the Dance Studio in order to process Student’s dues on a regular and timely manner. Student and Legal Guardian represent that any credit card or payment information given to the Dance Studio is legal and proper and that the underlying account owner, if someone else, has approved each remittance.
Change of Auto-Pay Payment Information. Student and Legal Guardian may contact the Company to update payment information on file for Student. Student and Legal Guardian shall be responsible for maintaining accurate and updated payment information on file with the Dance Studio.
Reversal Fee. In the event any charges are reversed or reimbursed to Student or Legal Guardian, Student and Legal Guardian shall be responsible for any such chargeback fees borne by the Dance Studio, regardless of the reason for the reversal or reimbursements. The current chargeback fees, which are subject to change without notice, are currently 1.0% for ACH and 3.05% for credit card payments.
Payment Failure.
In the event Student’s dues are not paid for whatever reason, the Dance Studio will promptly notify the Student and Legal Guardian. The Dance Studio is not obligated to leave more than one voice message with Student and/or Legal Guardian advising of the payment failure. The Dance Studio will also send one email to Student and/or Legal Guardian to advise of the payment failure, provided Student and/or Legal Guardian provide the Dance Studio with such contact information.
If Student’s dues are delinquent more than two (2) weeks from the date of original auto-draft, Student will be ineligible to participate in classes, lessons, competitions, recitals, and other events until (A) Student’s account is brought current and (B) Student’s auto-pay enrollment and payment information on file is restored to the Dance Studio’s satisfaction. Student’s dues will continue to accrue and remain payable on a regular, ongoing basis.
If Student’s dues are delinquent more than ninety (90) days, Student’s enrollment will be terminated in accordance with paragraph 2(b) for Cause.
The Dance Studio shall be in no way responsible for payment issues or disputes arising between or among Student, Legal Guardian, and a credit card issuer or bank.
Cancellations.
By Student or Legal Guardian. No refunds or prorations are given or credited for cancellations or no shows by Student. Student and/or Legal Guardian acknowledge that while Student may choose or elect to miss classes, lessons, competitions, recitals, or other events, the Dance Studio retains sole discretion to determine whether Student will participate in any competitions, recitals, or other events.
Force Majeure. If dance classes, lessons, competitions, recitals, or other events are canceled due to a force majeure event, an “act of God,” pandemic, or an unusual circumstance (e.g., power outage), Student and Legal Guardian will be notified as promptly as possible.
Termination.
By Student and Legal Guardian. Student and Legal Guardian may terminate Student’s enrollment with the Dance Studio by providing the Dance Studio thirty (30) days’ written notice. After providing such notice of termination, Student and Legal Guardian will be billed and responsible for the subsequent month of dues, which would be the final dues for Student.
By Dance Studio For Cause. Student and/or Legal Guardian’s breach of paragraph 1(a) or paragraph 1(b)(iii) of this Agreement shall permit the Dance Studio to immediately terminate Student’s enrollment at the Dance Studio. In such instance, the Dance Studio will advise Student and Legal Guardian of such termination on the same notice terms as set forth in paragraph 1(b)(i) of this Agreement. Student and Legal Guardian will be billed and responsible for the subsequent month of dues, which would be the final dues for Student.
Default; Attorneys’ Fees and Costs. Any breach or violation of this Agreement by Student or Legal Guardian shall be deemed a default. In the event of Student’s or Legal Guardian’s breach or violation of this Agreement, the Dance Studio shall be entitled to recover from Student and/or Legal Guardian the Dance Studio’s reasonable attorneys’ fees and costs incurred in recovering any sums due the Dance Studio or in enforcing the Dance Studio’s rights under this Agreement.
Assumption of Risk and Medical Release. Student and Legal Guardian expressly acknowledge and agree that dance is an activity that carries a risk of serious injury including death, as well as a risk of exposure to illness. Student and Legal Guardian expressly acknowledge said risk of injury and said risk of exposure to illness and agree to assume any such risk of personal injury or illness by enrolling Student with the Dance Studio and by permitting Student to attend Dance Studio activities. Student and Legal Guardian each represent and warrant that Student has no physical or health conditions that would limit Student’s participation in athletic or dance activities, or present a known and undue risk of transmitting any virus and/or disease to other students, guests, and invitees in such dance activities. Student and Legal Guardian must promptly advise the Dance Studio of any such issue or condition that could limit or effect Student’s participation or well-being, or present a risk to others.
Waiver of Liability. Student and Legal Guardian each agree that the Dance Studio shall not be liable for any damages arising from or during Student’s participation in, and involvement with, the Dance Studio, including any personal injuries sustained by Student as a result of Student’s participation or involvement in Dance Studio activities. In the event of emergency, Student and Legal Guardian authorize Dance Studio and its employees, owners, agents, and volunteers to take any steps they deem necessary to obtain and render emergency medical care to Student. Student’s Emergency Contact Information Form is attached hereto as Exhibit A and incorporated herein by reference. Student and Legal Guardian each agree that the Dance Studio shall not be responsible to Student, Legal Guardian, or any third party for any loss or theft of personal property. Student and Legal Guardian each agree that the Dance Studio shall not be liable or responsible for such damages, costs, injuries, loss, or theft, even in the event of negligence or fault by the Dance Studio or its agents.
Release for Video and Images. Video or still photographs may be taken of Dance Studio activities and participants. Student and Legal Guardian consent to Student being a subject of video or still photographs with the understanding the video or still images may be used for such purposes as training, video presentation, marketing, and other reasonably related purposes.
Rules and Regulations. Student and Legal Guardian acknowledge and agree they are responsible for adhering to the following rules while participating or engaged in activities with the Dance Studio:
No alcohol or drugs, or smokeless tobacco, smoking, or e-cigarettes of any kind.
No firearms, knives, or weapons of any kind.
No mistreating, teasing, or bullying fellow students, competitors, teachers, instructors, patrons, volunteers, or any other third parties.
No vulgarity, profanity, or obscenity.
No physical violence.
Student shall not leave the Dance Studio facility prior to the conclusion of Student’s final activity with the Dance Studio on a particular day except as follows:
Student is at least eighteen (18) years old; or
Legal Guardian expressly consents to the Unsupervised Minor Release Waiver, attached hereto as Exhibit B and incorporated herein by reference; or
Legal Guardian or other appropriate adult or family member personally picks up Student from the Dance Studio facility.
Term. This Agreement shall remain valid and binding until such time as the parties mutually agree to replace or supersede this Agreement in writing, or until this Agreement is terminated as set forth herein.
Successors. This Agreement shall be binding on and run to the benefit of the parties and their heirs, successors, and assigns.
Applicable Law. This Agreement shall be governed by and interpreted under Illinois law.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be severable, and the remaining provisions of this Agreement will be fully enforceable.
Nonwaiver. The failure of either party at any time to require the performance by the other party of any provision of this Agreement shall in no way affect that party’s right to subsequently enforce that provision.
Survival. The provisions of paragraphs 1, 3, 4, 5, and 6 of this Agreement shall survive the termination of this Agreement.
Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same instrument.
Entire Agreement. This Agreement embodies the entire agreement between the parties with respect to its subject matter, and it supersedes all prior agreements, whether written or oral. No amendment of this Agreement shall be effective unless in writing and signed by both parties.
Acknowledgment of Legal Agreement. Student and Legal Guardian expressly agree and acknowledge they each: (a) Had time and opportunity to review this Agreement with counsel of their choosing; (b) enter into this Agreement freely and voluntarily; (c) understand the releases and waivers contained herein are intended to be as broad and as inclusive as is permitted by the laws of the State of Illinois; and (d) intend to be bound by this Agreement and all of its terms.
