The following terms and conditions apply to all Dance Laboratory (DL) lessons, events and other activities. DL includes Dance Laboratory LLC, dba Rachel & Jonathan, and R&J Dance Instruction. CLIENT when used in this agreement refers to the Participant and Secondary Participant/Partner named above.
1. This agreement applies to all DL events, activities and the related travel irrespective of the location, herein referred to as “ACTIVITIES”. DL is not responsible for events and activities sponsored by third parties even if CLIENT chooses to participate in such events with DL and even if DL is paid a fee for such participation.
2. Acknowledgment of Risks, Injury and Obligations: CLIENT represents that CLIENT is physically fit and medically able to participate in ACTIVITIES. CLIENT understands that he/she may be injured, physically or mentally or may die: other persons participating in such ACTIVITIES may cause CLIENT injury or ay damage DL property: CLIENT may cause injury to other persons or damage their property: the conditions in which the ACTIVITIES are conducted may vary without warning: CLIENT may he/she be injured, die or suffer damage to CLIENT’S property as a result of the negligence or breach of contract of DL: there may be inadequate or no facilities for treatment or transport of CLIENT if CLIENT is injured and that CLIENT assumes the risk and responsibility for any injury, death or property damage resulting from CLIENT’S participation in ACTIVITIES.
3. Release and Indemnity: CLIENT releases DL, its employees, subcontractors, heirs and assigns from any responsibility or liability for injury, illness or death caused to him/her or DL property whether by negligence, breach of contract or in any way whatsoever. IN NO EVENT SHALL DL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WEDDING ARRANGEMENTS, PARTY RESERVATIONS, HALL RENTALS, AND LOST TICKET SALES, EVEN IF DL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DL shall not be liable for any failure to perform its obligations under this agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of god or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, restraints of government, or illness. Reimbursement or rescheduling of ACTIVITIES may or may not be made at the sole discretion of DL and at a time and place chosen by DL.
4. Hold harmless: If only one participant signs this agreement, then that participant shall indemnify and hold DL harmless against any claim for any illness or injury incurred by the other participant as a result of any direct or indirect involvement with ACTIVITIES, including all costs and attorneys’ fees.
5. Cancellation & Discounts: Private lessons must be cancelled at least 36 hours in advance (excluding holidays and weekends) in advance to avoid charges for that lesson. Pre-paid lessons must be taken within six months of the payment or all unused pre-paid fees shall be forfeit. Fees paid in advance for scheduled group classes will not be reimbursed for missed classes. Discounts provided for ACTIVITIES during an agreed to period may not apply if lessons are not completed within that period.
6. Payments: Returned checks and failed electronic payments will result in additional fees to client. The amount of such fees subject to change without notice but shall be no less than twenty-five dollars per incident. More then one incident will result in loss of any discounts provided and all payments due under this contract shall be payable immediately.
7. Photo & Video Release: Recorded images may be taken of ACTIVITIES. CLIENT agrees to waive any and all rights to restrict the use of said images by DL.
8. Personal Property: DL is not responsible for any personal property that is lost, stolen or damaged during any ACTIVITY or at DL facility.
9. Maximum Liability: DL MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00)
10. Law: This agreement shall be governed by the laws of Ohio. If any provision of this agreement is held to be unforce able, the other provisions shall nevertheless remain in full force and effect. This agreement constitutes the entire understanding between CLIENT and DL with respect to the subject matter herein and may only be amended or modified by a writing signed by a duly authorized representative of each.
CLIENT hereby understands and agrees to all the above representations, terms and conditions and indicates so by signing below. This document will not be counter signed by DL and mark ups or changes made by or for CLIENT will not be considered part of this document.