PAYMENT. Payment shall be made to the provider in the total amount before the completion of Services in regular payments per month or a one time tuition payment for the entire dance season (10% discount) until completion of the dance season, indicated by end of year recital performance. This will result in termination of the Agreement. All fees must be completed before end of year recital performance in order to perform. Additional fees may be required outside of the Services listed above. These fees include, but are not limited to: costume, performance, photo, event, competition, and exam fees. Payment is due regardless of attendance to scheduled classes.
In addition to any other right or remedy provided by law, if the recipient fails to pay for the services when due, Chelsea’s School of Dance has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies. Payment is due by the 5th of each month. Failure to pay the bill within 10 subsequent days will result in a $25 late charge per late payment.
We do require a 30 day written notice to withdraw from classes. Tuition fees will be due through the notice and any incurred costs associated with costumes or merchandise will still be the responsibility of the Recipient.
For any payments made online through the DSP portal, there will be the appropriate convenience fee added to your payment. If you pay in person by cash or check, there will be no convenience fee. Paying your lessons in full for the year will not have convenience fees and you will receive a 10% discount on your total bill.
TERM. This Contract will terminate automatically upon completion by the Provider of the Services required by this Contract. Completion is defined as end of year recital performance.
WORK PRODUCT OWNERSHIP & NON COMPETE CLAUSE. Any works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Productâ€) developed in whole or in part by the Provider in connection with the Services will be exclusive property of the Provider. The Recipient, in consideration for the training obtained, or observation granted, agrees that they will not, during the continuance of this agreement, and for a period of three (3) years following the termination of their association with Chelsea’s School of Dance, however brief or lengthy, engage in teaching any form of dance within a ten (10) mile radius of any school and/or training facility operated, associated, and/or orchestrated by, and/or affiliated with the Provider without the express of written authorization. Recipient guarantees that they are not currently training, managing, consulting, or advising any school, club, and/or training facility operated, associated, and/or orchestrated by, and/or affiliated with another similar competing program outside of the Provider’s association and/or affiliation. Unauthorized verbal, written, or physical transmission of any material contained in the course is strictly prohibited and considered violation of trade secrets.
PHOTO/VIDEO RELEASE. The Recipient authorizes the Provider, its successors and assigns, and those acting under its authority, to copy, use, publish, for art advertising, trade, or any other lawful purpose whatsoever, photographic portraits, pictures or video tapes of the Recipient, in which they may be included in whole or part.
LIABILITY RELEASE. This agreement executed the date shown by and between Chelsea’s School of Dance, LLC and the student, who caused his/her signature to be affixed hereto, hereinafter referred to as the “Student.â€
The Student agrees to abide by the rules and regulations of Chelsea’s School of Dance governing conduct and operation of instruction sessions, students, and may be changed from time to time, and the Student abides by all such rules and regulations as adopted or hereafter amended. The Student agrees that all exercises and/or courses are undertaken at their own risk. The Student understands that there is a risk of personal injury involved in the course of instruction and that with this knowledge, the student does hereby, for student, student’s heirs, executors and administrators agree to indemnify, release, absolve, forever discharge and save harmless Chelsea’s School of Dance trustees, officers, managers, organizers, supervisors, and all members, agent, representatives, successors, assigns, trainers, and/or instructors, any and all of them, form all losses caused by accident or injury to the student, or third persons, who may or may not be a student of Chelsea’s School of Dance, in the event that either the enrollee or said third person is injured in any way during the performance and execution of exercises and/or dance. Chelsea’s School of Dance and the agents and employees shall not be responsible for damage, lost or stolen articles, inside or outside of the facility. The Student, recognizes that there is a risk to personal safety, accepts responsibility of transport to and from the interior of the facility. Chelsea’s School of Dance reserves the right to amend or add to these rules and conditions and to adopt new rules and conditions as it may deem necessary. I hereby release Chelsea Sprankle DBA Chelsea’s School of Dance from any and all injuries, accidents, etc., that may occur to, from, and during all dance related activities. By signing below, I acknowledge that I have read and understand the above statements.
DEFAULT. The occurrence of any of the following shall constitute a material default under this contract:
The failure to make a required payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the time and manner provided for in its Contract.
ATTORNEYS’ FEES AND COLLECTION COSTS. If there is a dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period may result in the automatic termination of this Contract.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeureâ€), and if the party is unable to carry out its obligations gives the other party prompt written notice of such event, the the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon by any court having proper jurisdiction.
ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
