Terms and Conditions
May 19, 2024 07:57 PM
1. Ministry of Dance does not except any responsibility for any accidents, injuries, illness or death that may occur due to the direct or indirect use of facilities where lessons, competitions, dance exhibitions, or any related miscellaneous dance activity etc. is taken or allegedly due to negligence of any of its owners or employees.
2. The Owner/Franchisee agrees to provide student with facilities for taking dance instruction and to instruct student in accordance with Dvida/Dance vision method and dance curriculum. The studio does not guarantee the services of any particular instructor for any or all dance lessons.
3. All dance lessons shall be scheduled at a specific time during regular studio hours. If student wishes to cancel or change an appointment(s), the studio or instructor must be notified 24 hours in advance in order to avoid being charged the full amount for the dance lesson. Incase of a life threating or unavoidable incident/illness the missed lesson may be reinstated, if valid proof of why the lesson was not attended can be provided by the student.
4. STUDENT CANCELATION AND REFUND RIGHT: You, the student, have the right to cancel this contract at any time by written noticed emailed to info@ministryofdance.us or by written notice posted to 615 South Main Street, Boerne, TX, 78006.
4-a. If this agreement is cancelled within three business days, the studio will within not more than twenty days refund all payments made under this agreement. After three business days, the studio will only charge you for the dance instruction or dance instruction services received under this agreement or prearranged but not attended before the day you cancel, plus a reasonable and fair service fee, as defined below, and refund the balance in three equal monthly installments, within not more than ninety days.
5. Refund for cancelled or missed trips, dance competitions or other such services to be provided by a third party shall be only subject to those penalties or charges imposed on the studio by a third party or prescheduled services such as transportation, lodging, tours, admissions, entry fees and other such services incidental to and in connection with the scheduled activity.
5-a. A provision for the cancelation of the contract, if buyer dies or becomes physically or mentally unable to avail him or herself of the dance studio lessons or services or if the lessons or services cease to be offered as stated in the contract, after 3 business days of its making and release from further payments upon notice of cancelation. After 3 business days the studio shall charge for the dance instruction and dance instruction services actually furnished under the agreement plus a reasonable and fair service fee. The studio shall refund in the balance 3 equal monthly installments, to be completed within no more than 90 days after receiving the notice of cancelation.
6. Definitions
“Total Contract Price”: shall mean the total cash price paid or to be paid by the student or prospective student for the dance instruction or dance instruction service which is the subject of the contract or written agreement.
“Notice of cancelation”: shall be deemed to have been provided by a student or prospective student by mailing or delivering to the studio a written notification of canceling the contract or written agreement.
“Reasonable and fair service fee”: shall mean a flat fee of $150 plus an amount equal to 5% of the contract price if over $800 in total. Reasonable and fair service fee shall not exceed $350 in total.
“Dance Instruction service”: shall mean any service or a thing of value, including a contest or competition, other than dance instruction, sold, organized, sponsored, or promoted by any dance studio or its employee agent, including any person or organization associated or affiliated with the studio, operation, employee or agent.
7. This agreement is solely between the owner and student described herein, and only the owner and the student shall be bound by terms of this agreement.
8. Any paid or unused and unexpired dance lessons or services remaining under any unexpired previous student enrollment agreement shall continue to be valid and any unpaid balances owed to the studio shall be incorporated into this agreement.
9. A contract for ballroom dance studio services or lessons may not be for a period of in excess of 36 months and, thereafter, is only renewable annually. Such renewal contracts may not be executed nor, may the fee therefore be paid until be paid until 60 days or less before the preceding contract expires.
10. Student agrees not to associate with studio personnel or to give or loan anything of value to studio personnel during the term of this agreement. To protect the studio from unfair competition by any studio personnel, student also agrees not to directly or indirectly aid or assist such personnel to engage in any capacity in the teaching of dance lesson or providing services which employ the know-how or knowledge obtained as an employee of the studio within a 25-mile radius of the studio during the stated term of this agreement or to solicit other students or personnel for such purpose.
11. This course of dance instruction and/or services or any portion thereof, may be sold, assigned, or transferred by will or otherwise to any charitable foundation or persons other than former or present students of the studio.
12. All bonus lessons regardless of how they are received, cash conversions, guest incentives, payment-in-full incentives etc. are the last lessons of the students enrolled lessons and can be taken only after all paid lessons have been taken. Bonus lessons have no cash value.
13. Any controversy or claim arising out of or relating to this agreement shall be settled solely by arbitration in accordance with the arbitration rules of the American Arbitration Association or Better Business Bureau’s Arbitration Division, option to be determined by the Owner/Franchisee. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. All fees and expenses in connection with the arbitration shall be shared equally by the parties. Any action or arbitration on this agreement must be brought within 12 months from the date the cause of action arises or within 6 months from the expiration of this agreement, whichever occurs first.
14. This agreement is entire, and not severable, divisible, or cancelable except as expressly provided herein. If any particular provision of this agreement is held invalid or unenforceable, same shall not affect the other provisions of this agreement. Oral representations are not a part of this agreement unless expressed in writing herein.