SERVICES AGREEMENT
THIS AGREEMENT, made the _________ day of __________, 2023, 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 2024.
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 - $90.00. 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 be 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, 2023
ii. Costume Deposit 2: Due by November 10th, 2023
iii. Costume Balance: Due by December 10th, 2023
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. 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.
vi. Abandoned costumes: Costume will be picked up at the studio no later then 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 acknowledge and understand 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)
EXHIBIT A
TUITION FOR FALL 2023- SPRING 2024
Fall classes run the week of September 12th through June 2024. Each class meets a total of 33 times.
Registration: A yearly fee of $20.00 is required to register for Fall classes. This fee is non-refundable and will carry over into summer 2023. This fee is for insurance purposes. At time of registration, the registration fee, tuition #1 and tuition #10 is due. Monthly tuition (#2-#9) is due by the 10th of the month in which it’s due. There is a $10.00 late fee for any monthly payments made after the 10th of that month. You can register online at www.starsonstagedanceacademy.com or at the studio (current studio hours are available online)
Single Class Payments for the Fall-Spring Dance Program:
Single class payment……………………..$18.00 (per 45 min class class)
Monthly Payments for the Fall-Spring Program:
1 class (45 min)…………………………………………....$49.00 (a month for 10 monthly payments)
Multiple Class Payments for the Fall-Spring Dance Program:
-Multiple class discount
Price Scale:
1 Class……………………….……………………....…..$49.00 (per month)
2 Classes......................…………….................$88.00 (per month)
3 Classes………………………………………….….….$115.00 (per month)
4 Classes………………………………………….….….$140.00 (per month)
-Unlimited (Dance Program classes only)*…………………..$170.00 (per month)
*Unlimited tuition allows your child to sign up for an unlimited amount of classes for the fall session as long as it’s appropriate by age and ability.
Tuition Discount:
There will be a 5% discount applied when the year’s tuition is paid in full In CASH ONLY at the time of registration. Offer expires by Oct 1st 2023
Family Discount:
For siblings:
1st child full price, then ½ off the other siblings monthly tuition
or
(full unlimited price for 1st child) $75 off unlimited discount of additional child
Dance Program Private fees:
Private lessons can be scheduled, with your teacher of choice, at the front desk (Per lesson, not month)
45 minutes…...$23.00
1 hour………..…$30.00
Tumbling Advance class: students must have a standing back handspring, back walkover or aerial
Extreme Tumbling: Invitation only
Tap Level I: Must have Beginner - 3 years of tap experience
Tap level II: Must have 3 or more years of tap experience
Tap level III: Must have 5 or more years of tap experience
Please Note: All classes are strictly available only for their designated age bracket.
**Classes with less than 5 students enrolled are subject to cancellation
EXHIBIT B-1
CREDIT CARD AUTHORIZATION FORM
Please complete all fields. You may cancel this authorization at any time by contacting us. This authorization will remain in effect until cancelled. In order to make credit card payments at the studio or online this authorization form must be completed.
Credit Card Information
Card Type: ☐ MasterCard ☐ VISA ☐ Discover ☐ AMEX
□ Other
Cardholder Name (as shown on card):
Card Number:
Expiration Date (mm/yy):
Card Security Code: ______
Cardholder ZIP Code (from credit card billing address):
I, _____________________________________________, authorize Stars On Stage Dance Academy, Inc. to charge my credit card above for agreed upon purchases. I understand that my information will be saved to file for future transactions on my account.
I further acknowledge that pursuant to the terms of the Services Agreement, entered into with Stars On Stage Dance Academy, Inc., payments made are non-refundable.
If for any reason a charge is declined or improperly disputed I understand that I am liable to Stars On Stage Dance Academy, Inc. 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 as a result of the declination or an improperly disputed charge.
______________________________ _____
Customer Signature Date
EXHIBIT B-2
Payment
(Revised May 10, 2023)
Payment for Fall-Spring Session:
I will be paying my Registration, Tuition and Costume fees by:
Option A: using SOSDA’s monthly automatic debit service using the card on file the 1st of the month its due by.
When using SOSDA’s monthly automatic debit service you will receive an email receipt. If your payment gets declined; the service will try up to 3 addition days after the 1st for payment. If payment is unsuccessful, you will then be notify by email. You will then be responsible to pay SOSDA with alternative payment as soon as possible.
Option B: I will manually pay by using the online account or in person at the studio by
the 10th of the month its due by. (We accept credit, debit, checks, and cash)
Option selected for payment, please initial: Option A _________ or Option B__________
Payment schedule for Fall/Spring Session:
• Registration, Tuition #1 and #10 due at time of registration
• Tuition #2 due by 10/10
• Costume deposit #1 due by 10/10
• Tuition #3 due by 11/10
• Costume deposit #2 due by 11/10
• Tuition #4 due by 12/10
• Costume balance due by 12/10
• Tuition #5 due by 1/10
• Tuition #6 due by 2/10
• Tuition #7 due by 3/10
• Tuition #8 due by 4/10
• Tuition #9 due by 5/10
Payment for Summer Session:
Registration & Summer Tuition is due in full at the time of registration
EXHIBIT C
STUDIO POLICIES
(Revised May 10, 2023)
1. The studio is not responsible for lost or stolen items.
2. All students must stay in the building until scheduled class time is over. An adult must enter the building for both pick up and drop off. No student is permitted to leave the building until an adult, parent or legal guardian has entered the building.
3. If a dancer is out due to injury they cannot return until their cleared by a doctor and a doctor’s note is provided.
4. Behavior: We at Stars On Stage have no tolerance for any student or parent with rude, vulgar or violent behavior. Anyone distributing such behavior will be removed from the program immediately.
5. Attendance: Class attendance is extremely important in the development of your dancer. Please notify the studio by phone or email when a student is absent. Make-up classes are available within one month from date of missed class. No refund for missed classes.
6. Class cancellation: Classes are subject to cancellation if the teacher is ill or physically unable to teach their class and the proper substitute cannot be obtained.
7. Dress Code: Attached is a form for proper attire for each class. To get the most out of your dance class it is important to be dressed accordantly so the instructors can see your form. If your child is not dressed properly for class, they will not be able to participate.
8. Costume: Any dancer performing in the recital will require a recital costume.
9. Recital Tights and Shoes: Each performer will be required to obtain the proper shoes and tights to perform in the recital. This information can be found in the recital book at front desk.
10. Picture Day: In spring a photographer will come to the studio to take pictures of dancers in costume. A sign-up link to schedule picture will be email out to all accounts. Individual pictures are available upon your purchase. Pictures are not mandatory.
11. Recital: The recital is optional to all dancers. The annual recital is held in Spring/Summer. The date is depending on the availability of the High School. Families must purchase tickets to attend. Performer do not need tickets.
12. Dress Rehearsal: Dress rehearsal is mandatory for all dancers performing in the annual dance recital.
13. If money is still owed for any unpaid charges, Stars On Stage Dance Academy Inc. reserves the right to withdraw your child form the recital without any reimbursement of any kind.
14. Trophies: Trophies and medals are awarded to students who have danced in a Stars On Stage recital for 3, 5, 10 and 15 years consecutively. Forms will be distributed to assist our staff with making sure all students are eligible receive a trophy. Trophies are presented to students at the recital.
15. Ticket Sales: Anyone attending the recital/performance must purchase a ticket expect for the performer. Children 4 and under are free (This is the school’s policy and we must abide by it). All tuition and any other outstanding bills must be paid in full in order to purchase tickets. Tickets will not be sold to anyone who owes money
16. Studio closings: The studio will be closed (Any changes to the schedule will be posted in monthly newsletter):
a. Sept 26 through Sept 27
b. November 24 through November 27
c. December 23 through January 2
d. February 20 through February 26
e. April 3 through April 10
f. May 26 through May 30 we will be closed. We will reserve as makeup days if needed.
17. In the event that the studio is forced to closed for a period of time, we will resume class on Zoom for the time being. This will insure us the ability to save our recital date and venue. An email regarding the zoom classes will be sent out immediately. Unfortunately, tumbling classes will not be on zoom and makeup classes (may be on weekends) will be offered.
EXHIBIT D
PHOTO RELEASE FORM
FOR MINORS (IF UNDER 18)
I, ________________________, am the parent or legal guardian of ________________________, (“my child”), a participant of Stars on Stage Dance Academy, Inc. This Photo Release Form shall be binding upon and inure to the benefit of me, my parents, children, heirs, executors, administrators,
I hereby consent to the publication and use of my child’s name and/or my child’s likeness (“Likeness”) for the purpose of promotion, publicity, advertising, or other manner or media by Stars on Stage Dance Academy, Inc. (“SOSDA”) or any other representative authorized to act on behalf of the afore-mentioned entity. Likeness shall include, but not be limited to, photographs, sound and/or video recordings, films, broadcasts, brochures, publications, reports, web pages, promotional materials or any other audio-visual, electronic, printed, tangible work in any media or format, now known or hereafter to become known, and/or reproductions of any of these. I agree that the actual material involved is and shall continue to be the property of SOSDA and that neither I, nor my child, shall have any right of review or approval regarding the use of my child’s name and/or Likeness in such material.
I release SOSDA from any expectation of confidentiality for my child.
I acknowledge that since participation in SOSDA is voluntary, neither my child nor I will receive any royalty, fee or other compensation; nor shall any royalty, fee or other compensation become payable to me or my child by reason of such use.
I hereby release and hold harmless, SOSDA along with their officers, directors, principals, members, partners, trustees, representatives, agents, affiliates, sponsors, successors and assigns from any and all claims, demands, or causes of action arising out of the use of my child’s name and/or Likeness, in accordance with the terms of this release.
Parent/Guardian’s signature: ____________________________________________ Date________
Print Parent/Guardian’s name: ____________________________________________
Child’s Name: ______________________________________________________
Phone Number: _____________________________________________________
EXHIBIT E
PHOTO RELEASE FORM
FOR ADULTS
I, ________________________, am a participant of Stars on Stage Dance Academy, Inc. This Photo Release Form shall be binding upon and inure to the benefit of me, my parents, children, heirs, executors, administrators,
I hereby consent to the publication and use of my name and/or my likeness (“Likeness”) for the purpose of promotion, publicity, advertising, or other manner or media by Stars on Stage Dance Academy, Inc. (“SOSDA”) or any other representative authorized to act on behalf of the afore-mentioned entity. Likeness shall include, but not be limited to, photographs, sound and/or video recordings, films, broadcasts, brochures, publications, reports, web pages, promotional materials or any other audio-visual, electronic, printed, tangible work in any media or format, now known or hereafter to become known, and/or reproductions of any of these. I agree that the actual material involved is and shall continue to be the property of SOSDA and that I shall not have any right of review or approval regarding the use of my name and/or Likeness in such material.
I release SOSDA from any expectation of confidentiality that I have or might have.
I acknowledge that since participation in SOSDA is voluntary, I will not receive any royalty, fee or other compensation; nor shall any royalty, fee or other compensation become payable to me by reason of such use.
I hereby release and hold harmless, SOSDA along with their officers, directors, principals, members, partners, trustees, representatives, agents, affiliates, sponsors, successors and assigns from any and all claims, demands, or causes of action arising out of the use of my name and/or Likeness, in accordance with the terms of this release.
Signature: ____________________________________________ Date________
Print name: ____________________________________________
Phone Number: _____________________________________________________