THIS AGREEMENT, made the _________ day of __________, 2025, by and between Stars on Stage Dance Academy , Inc., a New York Domestic Corporation, having offices located at 371 Boyle Road, Selden, New York 11784, hereinafter referred to as “SOSDA”, and _______________________, being the parent and/or legal guardian of __________________, a minor, and who reside at: ____________________________________________, and hereinafter collectively referred to as the “Dancer”.
WHEREAS, SOSDA is in the usual business of providing dance classes and participation in dance competitions, and Dancer is desirous of utilizing the services of SOSDA to perform such work as hereinafter later described; and
WHEREAS, SOSDA agrees to perform such work at the request of the Dancer as hereinafter later described;
IT IS THEREFORE AGREED, by an between the SOSDA and Dancer(s) hereto as follows:
1. Contract Term: The term of this contract shall begin upon the execution of same by SOSDA and Dancer(s) and shall end in August 2025.
2. Scope of Work: The SOSDA shall provide Recreational Dance instruction. SOSDA shall not be obligated to perform any additional or different work in deviation from the terms of this Agreement.
3. Tuition: The Dancer shall pay SOSDA for its services as follows:
a. Twenty ($20.00) dollar registration fee.
i. If you paid registration for summer classes, then you would not have to pay it again for fall.
ii. Registration Card or Online Registration: A Registration card or Online registration must be filled out by a parent, legal guardian, or student over the age of 18 on or before the first day of classes. If a student’s registration is not complete by first class, the student will not be able to attend classes.
b. Tuition Costs are listed at Exhibit A.
c. Automatic monthly debit: Our program will debit your credit card/debit card on file on the 1st of every month (October through May) to your payment plan. September through June tuition is not automatic and is still required upon registration. A receipt of payment will be emailed to you. You can access your account online 24/7. This will not include any other charges such as costume payments. All other payments will need to be paid manually.
d. Online accounts: Every dancer will receive an online account. This account will become active with a parent's email. All accounts can be access online and are available for payment 24/7.
e. Payment methods-for your convenience we accept cash, check, Mastercard, Visa, Discover and American Express.
f. Payments are not subject to refunds.
g. Dancer understands that if any tuition payments are late then a ten dollar ($10.00) late fee for administrative purposes will be due and liable.
h. A twenty dollar ($25.00) insufficient fund will be charged in the event your payment is returned or declined. SOSDA reserve the rights to accept cash only payments for extras other than tuition.
i. A credit card form must be completed by all Dancers as well as for anyone who requests payments be made via credit card. Attached at Exhibit B is a copy of the Credit Card form that must be completed, the terms of which are incorporated by reference into this Agreement.
4. Additional Costs:
a. Costumes: The costs associated with costumes, which the Dancer is required to pay is approximately $68.00 - $99.00. As these are third party fees the cost may be higher or lower. Due to the nature of costumes being specially ordered Dancer understands that they cannot receive a refund and are still liable for the full cost of the costume, even if they terminate future participation with SOSDA.
b. Ancillary items: Dancer is responsible for the following costs in addition to the costs of tuition: shoes, tights, make-up, props, and/or accessories. These items are not supplied by SOSDA but are required.
c. Payments towards Costume: Dancer understands that deposits and registration fees are due in advance and are non-refundable:
i. Costume Deposit 1: Due by October 10th, 2024
ii. Costume Deposit 2: Due by November 10th, 2024
iii. Costume Balance: Due by December 10th, 2024
d. Failure to pay balances of Costume Fees: Should Dancer fall to complete the payment of either costume fees by the aforementioned dates, then Dancer understands that they cannot continue with the program at SOSDA; and have forfeited payments already made to the respective third parties.
e. Information regarding Costumes
i. Payment schedule for Costumes:
1. October 10th costume deposits 1 are due ($30.00 each costume)
2. November 10th costume deposits 2 are due ($30.00 each costume)
3. December 10th costume balance is due (this is the remainder of the costume fee minus the $60.00 deposit)
ii. Sizing: Each student will be measured, and their measurements will be calculated by our staff to determine the proper size to be ordered. All costumes are final sale.
iii. Alterations: Once the costume is distributed the expense of alterations will be at the responsibility of the parent or guardian. SOSDA is not responsible for alterations to any costume.
iv. Delivery: In an effort to ensure costume delivery for photographs and an organized distribution to students, Orders are place by Dec 1st. Orders placed after Nov 30th are not guaranteed to arrive on time for pictures or the recital. Orders placed after Nov 30th are subject to extra shipping fees. Costume manufacturers do not accept cancellations, changes to an order or offer refunds.
v. Dancers who register after December 10th 2024 must pay both deposits at one to get a costume ordered.
vi. Distribution: All costumes will be distributed to students during their class time. Each costume will be inspected by a SOSDA owner for imperfections. Once the costume is handed to the student SOSDA is no longer responsible for any damage to the costume or for lost accessories.
vii. Abandoned costumes: Costume will be picked up at the studio no later than 6 months after balance has been paid. After 6 months from the balance payment date, if the costumes have not been picked up, they will be considered abandoned and we will not be able to store them.
5. Dishonored Payments: If any sums are dishonored upon presentment, SOSDA shall have the option to cancel this Agreement, in which case Dancer shall remain liable to SOSDA for any loss so incurred by SOSDA, including, but not limited to, interest, bounced check fees, the sums due for the labor and materials theretofore completed, unique materials which were specifically ordered for Dancer (which the parties previously agreed and acknowledged cannot be taken back to the supplier or will not be accepted by supplier as a return), and reasonable legal fees, court costs; and disbursements.
6. Studio Policies: Dancer agrees to abide by the Studio Policies in effect at any and all times. The Current Studio Policies, which are annexed hereto at Exhibit C.
a. Should Dancer violate the Studio Policies, then Dancer understands that this agreement may be terminated by SOSDA, and Dancer shall remain liable to SOSDA for any loss so incurred by SOSDA, including, but not limited to, interest, bounced check fees, the sums due for the labor and materials theretofore completed, unique materials which were specifically ordered for Dancer (which the parties previously agreed and acknowledged cannot be taken back to the supplier or will not be accepted by supplier as a return), and reasonable legal fees.
b. Dancer understands that the Studio Policies may change from time to time, and in which case SOSDA shall provide an updated copy to which the Dancer must acknowledge receipt.
7. Assumption of Risk: As with any physically demanding activity there comes a possibility of injury. Dancer understands that there is such a risk with dance and dance competitions. Therefore, Dancer hereby acknowledges and understands that there are dangers and risks associated with the activities to which it is seeking to participate in with SOSDA, which have been fully explained to them. Dancer hereby agrees to abide by all rules, instructions, policies, and procedures imposed by SOSDA relating to the use of the facilities or property.
a. DANCER fully assumes the dangers and risks and agree to use their best judgment while engaging in those activities. DANCER further agrees to indemnify and hold harmless SOSDA, its officers, directors, principals, members, partners, trustees, representatives, agents, affiliates, sponsors, successors and assigns from and against any and all liability incurred as a result of or in any manner related to DANCER’s participation in the activities.
b. To the fullest extent permitted by law, DANCER will indemnify and hold harmless SOSDA, their officers, directors, principals, members, partners, trustees, representatives, agents, affiliates, sponsors, successors and assigns from and against any and all claims, suits, liens, judgments, damages, losses and expenses, including legal fees and all court costs and liability (including statutory liability) arising in whole or in part and in any manner from injury and/or death of person or damage to or loss of any property resulting from the acts, omissions, breach or default of DANCER, their guests, visitors, agents, in connection with DANCER’s presence on SOSDA’s property or at any event DANCER is present at with SOSDA, except these claims, suits, liens, judgments, damages, losses and expenses caused by the negligence of SOSDA. DANCER will defend and bear all costs of defending any actions or proceeding, including compensatory, liquidated damages, punitive damages, attorney’s fees, costs and disbursements brought against SOSDA, their officers, directors, principals, members, partners, trustees, representatives, agents, affiliates, sponsors, successors and assigns, arising in whole or in part out of any such acts, omission, breach or default by DANCER. The foregoing indemnity shall include injury, death or disability of any employee of SOSDA and shall not be limited in any way by an amount or type of damage, compensation, or benefits payable under any applicable workers compensation, disability benefits or other similar employees benefit act.
8. Registration: Dancer must complete a registration card or complete the online registration form at the time that the registration fee is paid. Dancer understands and agrees that any information which is incomplete or false shall not subject SOSDA to any liability for any resulting harm and as a result the previous Assumption of Risk shall include such circumstances. Additionally, if SOSDA should discover that any information was incomplete or false, then it shall have the right to terminate this Agreement.
9. Photo Release: Dancer must execute a Photo Release Form, which must be tendered at the same time as the Registration Card and registration fee. Applicable Photo Release forms are attached at Exhibit D and Exhibit E.
10. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective parents, heirs, executors, administrators, officers, directors, principals, members, partners, trustees, representatives, agents, affiliates, sponsors, successors and assigns.
11. Notices: All notices must be in writing and shall be deemed properly given upon the placing for delivery by certified mail, return receipt requested, or by overnight courier, to the address below within the time period required by this Agreement:
For SOSDA: Stars On Stage Dance Academy, Inc., 371 Boyle Road, Selden, New York 11784
For Dancer:
12. Complete Agreement of the Parties: This Agreement is the sole, only, entire, and complete agreement of the Parties relating in any way to the subject matter hereof. The recitals set forth above and any exhibits hereto are incorporated herein. No statements, promises or representations have been made by any party to another, or are relied upon, and no consideration has been or is offered, promised, expected, or held out, other than that constituted by this Agreement, unless contained in a separate writing, signed by the obligating Parties. No conditions precedent to the effectiveness of this Agreement exist, other than as may be expressly provided herein. All prior discussions and negotiations have been and are merged and integrated into and are superseded by this Agreement.
13. Modification and Waiver: This Agreement may only be modified in writing, signed by the Parties hereto. No conduct or inaction on the part of the Parties shall be construed as a waiver or relinquishment of any rights of the Parties pursuant to this Agreement. No waiver of any breach of any term or provision of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the Party waiving the breach.
14. Illegality and Severability: Should any provision of this Agreement be held invalid, illegal or unenforceable in any respect by any Court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect to the maximum extent permitted by law. To the extent permitted by law, the Parties hereby to the same extent waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect.
15. Default: In the event that any party hereto fails to perform any of its obligations under this Agreement, or any of the representations have been breached, or any party hereto takes any action prohibited by the terms hereof (such party being referred to as the “Defaulting Party”), the Defaulting Party hereby agrees to pay to the other Party, promptly on demand, all losses, damages, costs, expenses, including without limitation to: Reasonable Attorney’s fee, Court filing fees, disbursements and reason Agreement and of any rights such Party has under applicable law.
16. Governing Law: This Agreement shall be governed and interpreted in accordance with the laws of the State of New York. In relation to any legal action or proceeding arising out of or in connection with this Agreement, each of the Parties irrevocably submits to the exclusive jurisdiction of the Supreme Court of New York, Suffolk County, and other courts with jurisdiction to hear appeals from such courts.
17. Captions: The captions contained herein are included solely for convenience and shall not be construed as full or accurate descriptions of the terms hereof.
18. No Assignment: This Agreement may not be assigned or recorded without the prior written consent of both parties.
19. Miscellaneous: a) Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it; b) Each party shall, at any time and from time to time, execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract; c) This Agreement is intended for the exclusive benefit of the parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, and shall not create any rights in, or be enforceable by, any other person or entity.
20. Force Majeur: Neither party shall not be liable for, nor be deemed to be in default by reason of, any delay or failure in the performance of its tasks (or any part thereof) under this Agreement, when such delay or failure is caused, in whole or in part, by circumstances constituting force majeure, including without limitation, an act of God, war, riot, strike, fire, flood, change in governmental regulations, or any other cause or circumstance, direct or indirect, beyond either Party’s reasonable control. Such failure or delay, to the extent it delays either Party’s performance of the Services or any other undertaking under this Agreement, will extend the time for performing the same for as many days beyond the applicable performance date as is required to correct the effects of such force majeure event.
21. Counterpart & Electronic Signatures: This agreement may be signed in counterparts, each of which when taken together shall constitute the full agreement and be binding on each party. Electronic signatures, including but not limited to signatures transmitted by fax and/or email shall be deemed originals and be deemed binding upon transmission of same.
STARS ON STAGE DANCE ACADEMY INC.
By: _____________________________ _______
MICHELLE MEAKEM DATE
DANCER: ________________________
By: _____________________________ _______
PRINT NAME: DATE
PARENT/LEGAL GUARDIAN (Cross-out inapplicable)
