This Enrollment Agreement (the “Agreement”), effective upon registration and for the duration of enrollment, is between Evolution Dance Academy (“EDA”) and __(“Parents”).
Monthly tuition is due on or before the 1st of each month of the Dance Season during which the child is enrolled. A 10-day grace period is allowed for convenience without penalty. A late fee will be charged for any monthly tuition payments received after the 10th of the month. If monthly tuition fees (including any applicable late fees) are not received at EDA by the 10th of the month, EDA will attempt to process payment using the Parents’ debit/credit card on file. If EDA is unsuccessful with processing payment by the 15th of the month and arrangements for payment have not been made directly with EDA Staff, the child will not be readmitted to the program. If EDA is compelled to take legal action to collect unpaid tuition, Parents agree to pay EDA’s reasonable attorney’s fees and costs incurred.
Parents may earn a discount of tuition fees by paying for an entire semester of monthly tuition in advance. To qualify for the discount, Semester Pre-payments are due on September 1st for tuition charges for months August - December (5 months), and on January 1st for months January - May (5 months).
Tuition fees are non-refundable regardless of holidays, absences, illness, vacations, breaks, and inclement weather. EDA will make reasonable efforts to open in inclement weather; however, EDA may choose to close at the discretion of EDA’s owner. EDA will make reasonable efforts to offer makeup classes in the event of closings.
EDA is closed on the following days: Labor Day, 1 week in October for Fall Break, Halloween, Thanksgiving and the Wednesday before and weekend after, 2 weeks in December for Winter Break, 1 week in March for Spring Break, and Memorial Day. Please see a calendar and the EDA Event Schedule for specific dates.
Parents may withdraw their child from EDA at any time and for any reason. EDA requires your notice of withdrawal by the 15th of the month prior to your withdrawal. If this notice of withdrawal is not provided, the standard tuition fee shall be charged for that period. If a child has been absent from class for (3) consecutive weeks without notice, the child will be assumed “withdrawn” and any remaining balance, including any fees incurred during the child’s 3-week absence, must be immediately paid in full. An Account Reinstatement Fee will be charged if the child is re-enrolled within the same Dance Season.
All fees must be paid by cash, personal check, or debit/credit card. A 3% processing fee is applied to all credit/debit transactions. Parents may provide a valid debit or credit card upon registration, to be used for automatic payment processing. Parents must enroll in automatic payment processing to allow EDA to collect monthly tuition fees and any remaining balance of other fees on the 1st of each month.
EDA reserves the right to deny, cancel, sever or suspend a child’s enrollment at any time if EDA, in its sole discretion, deems such action to be in the best interest of the child or EDA. In such an event, any unused tuition will be refunded.
Registrant grants Evolution Dance Academy (EDA), its representatives, and employees the right to take photographs and video of his/her child(ren) in connection with his/her enrollment in classes and activities at EDA. Registrant authorizes EDA, its assignees and transferees to copyright, use and publish the same in print and/or electronically. Registrant agrees that EDAmay use such photographs and video of his/her child with or without his/her name and for any lawful purpose, including for example such purposes as social media, publicity, illustration, advertising, instruction and web content.
RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Dance and Acrobatics Instruction organized by Plahitko Enterprises Incorporated DBA The Dance Company, of 6025 Madison Avenue Suite C, Indianapolis, Indiana, 46227 and/or use of the property, facilities and services of Plahitko Enterprises Incorporated DBA The Dance Company, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Plahitko Enterprises Incorporated DBA The Dance Company, or the employees, representatives or agents of Plahitko Enterprises Incorporated DBA The Dance Company.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Plahitko Enterprises Incorporated DBA The Dance Company for injury, illness, loss or damage arising out of my or my family's use of or presence upon the facilities of Plahitko Enterprises Incorporated DBA The Dance Company, or incurred through participation in pre-recorded dance instruction materials or services provided through live online formats, whether caused by the fault of myself, my family, Plahitko Enterprises Incorporated DBA The Dance Company or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Plahitko Enterprises Incorporated DBA The Dance Company against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Plahitko Enterprises Incorporated DBA The Dance Company or participation in digital pre-recorded or live online training provided by Plahitko Enterprises Incorporated DBA The Dance Company.
4. FEES. I agree to pay for all damages to the facilities of Plahitko Enterprises Incorporated DBA The Dance Company caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT. I agree and consent to the participation of my related child/children in the activity of Dance and Acrobatics Instruction, and agree on behalf of the minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of the minors associated with this agreement.
6. MEDICAL AUTHORIZATION. In the event of an injury to the above minor during the above described activities, I give my permission to Plahitko Enterprises Incorporated DBA The Dance Company or to the employees, representatives or agents of Plahitko Enterprises Incorporated DBA The Dance Company to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the date of enrollment, and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed or withdrawn. Plahitko Enterprises Incorporated DBA The Dance Company shall have the following powers:
a. The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
b. The power to authorize medical treatment or medical procedures in an emergency situation; and
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Indiana law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Plahitko Enterprises Incorporated DBA The Dance Company has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
11. 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, 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 submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.