Terms and Conditions
Thank you for joining the Dancebox community. This Client Policies, Waiver and Release of Liability Agreement (“Agreement”) is between the person entering into this Agreement (“you,” “me” or “I”) and Dancebox Studio, LLC, a Florida limited liability company. Dancebox Studio is referred to in this Agreement as “Dancebox,” “the Studio”, “we,” “our” or “us”). In this Agreement, we gather basic information about you and/or your minor, and obtain your agreement to our policies, media release, assumption of risk, and limitation of liability. You are required to enter into this Agreement before you or your Minor uses any Studio or participates in any Event (defined below) or Activity (defined below).
Minors: Minors, persons under the age of 18 (each a “Minor”), are not permitted to create a client profile or purchase classes, class packages or Monthly Memberships without the consent of their parent or legal guardian.
Personal Property: We are not responsible for the loss or theft of your personal belongings.
Youth Program Payment Policies: New students enrolling in our Youth Program will be charged a one-time $40.00 registration fee per student or $60.00 per family, due at the time of registration. This fee is only charged once at the time of Registration, and is non-refundable. All students enrolled in classes are required to have a credit card on file, and tuition will be AUTO DRAFTED on the 1st of each month using the card provided at registration you choose for Auto-Pay. Should a parent wish to use another method for payment, they are welcome to do so but payment MUST BE MADE before the 1st of the month to avoid the auto draft. (NO EXCEPTIONS). A late fee of $15 will be applied on the 5th of the month if payment has not been submitted. Written notice via email before the 1st of the month is required for withdrawal from the youth program. If notice is not received, Dancebox Studio has the right to bill you on a monthly basis until written notice is received. All students and parents must agree to the terms of this payment policy.
Youth Program Non-Refundable Tuition and Other Fees: It is the policy of Dancebox Studio, that all tuition, registration, competition, costume, recital, and other fees paid shall not be refunded at any time, regardless of the time of cancellation by the student or student’s parents or guardians or whether the relevant program and/or event has commenced. If the relevant class and/or program/event has been canceled by Dancebox Studio, the Studio will issue a full refund.
Adult Class Packages: Single drop-in classes, class packages (punch cards) and Unlimited Monthly Memberships are not transferable.
Adult Unlimited Monthly Membership: I agree that if I purchase a monthly recurring membership (“Unlimited Monthly Membership”) now or at any time in the future, I authorize Dancebox to charge my credit card, the membership fee (the “Membership Fee”) each month. Membership Fees may increase from time to time at our sole discretion. I further agree that the Membership Fee may be charged with no prior notification unless the amount increases, in which case advance notice will be provided and I will be given an opportunity to terminate my Monthly Membership. I acknowledge that I am responsible for providing the Studio prompt notice of any changes to my payment method. Your Monthly Membership may be suspended if you fail to pay your Membership Fee when due. We may, at our discretion, cancel a Client’s membership on 30-days written notice without cause and on reasonable shorter notice with cause. In the event Dancebox closes its facilities for any reason, including repair, when possible, it will post advance notice. I may place my Unlimited Monthly Membership on hold one time per calendar year for a period of up to 30 days by providing the Studio with written notice (via email). I must provide notice in writing (via email) to the Studio prior to the date of auto-renewal if I wish to terminate my Unlimited Monthly Membership.
Adult Class Reservations/No Shows/Cancellations : Class reservations may be made in person or online. Online reservations are recommended. All students are required to have a credit card on file, and payment is due at the time of registration for a class. Adult Students can cancel a class up to eight hours in advance with no penalty. You may cancel a class in your online account or via text at (813) 515-7993, or email at email@example.com to notify us of your cancellation. If you cancel less than 8hrs in advance, unlimited members will be charged a $10 late cancel/no-show fee, punch card users will still be punched, and drop-in classes won’t be refunded.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
I, voluntarily, without inducement, and of my own free will, desire on my behalf, and if applicable, on behalf of a Minor for which I am a legal guardian or parent to: (a) use or be granted access to Dancebox Studio facilities, including all rooms, areas, and spaces in the interior and exterior of the studio; (b) participate in performances, conventions, summer camps, workshops, outings or other types of events (collectively, “Events”) which may take place at a Studio or other location and which are sponsored by or involve Dancebox and/or their owners, members, officers, employees, independent contractors, volunteers, property managers, landlords, agents, representatives and all other persons acting in any capacity on their behalf (collectively, the “Released Parties”); and (c) to engage in classes offered by the Released Parties, including dance, barre, yoga, or other exercises (collectively, “Activities”) which may take place at the Studio or are otherwise provided or sponsored by or involve any of the Released Parties.
I, the Student, Parent and/or Guardian are fully familiar with the intended activities and demands of a dance training program, including both the physical fitness expectations and the inherent and unavoidable risks of injury and harm, and I/we represent and warrant that the Student is able to participate fully in the Program’s activities, that no health professional has advised us of any risks or conditions that would limit or impede the Student’s full and safe participation, that I/we are not aware of any medical or other conditions which would limit the Student’s full and safe participation in the program, and that I/we understand and accept the inherent and unavoidable risks of injury and harm that may occur due to the Student’s participation in this Program. I/we agree further that if the Student sustains any injury or illness prior to the commencement of the Program, we shall advise Dancebox Studio promptly in writing so that an assessment can be made whether the Student can participate in the Program. I, therefore, consent to participation in the Program, and I further consent to participation in any other activity taken in connection with Dancebox Studio.
Medical Emergencies: As the student and/or legal parent or guardian, I give permission to Dancebox Studio, its owners and operators to seek medical treatment for the participant in the event they are not able to reach an emergency contact. I hereby declare any physical/mental problems, restrictions, or conditions and/or declare the participant to be in good physical and mental health.
In consideration for being permitted to use the Studio, to participate in Events, and/or engage in Activities, I hereby agree to release and discharge the Released Parties on behalf of myself and the Minor, and each of our next of kin, spouses, parents, siblings, heirs, assigns, agents, successors, and personal representatives as follows:
I. ASSUMPTION OF RISK. I ACKNOWLEDGE AND AGREE THAT THERE ARE ELEMENTS OF RISK, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH USE OF A STUDIO, PARTICIPATION IN EVENTS, AND ENGAGEMENT IN ACTIVITIES. I FURTHER ACKNOWLEDGE AND AGREE THAT CERTAIN RISKS CANNOT BE ELIMINATED DUE TO THE CONDITION OF A STUDIO, OR THE NATURE OR LOCATION OF EVENTS OR ACTIVITIES, AND THAT THESE ELEMENTS OF RISK MAY CAUSE PHYSICAL INJURY, EMOTIONAL DISTRESS, ILLNESS, PERMANENT DISABILITY, TRAUMA OR EVEN DEATH TO ME OR THE MINOR, AND/OR LOSS, OR DAMAGE TO MY OR THE MINOR’S PROPERTY. SOME, BUT NOT ALL, OF THESE RISKS INCLUDE FALLING, BEING INJURED BY THE ACTIONS OR INACTIONS OF OTHERS, EQUIPMENT FAILURES, AND INJURY RESULTING FROM ENGAGING IN PHYSICAL ACTIVITY. I CERTIFY THAT NEITHER I, NOR THE MINOR, HAS A MEDICAL CONDITION, WHICH COULD INTERFERE WITH MY OR THE MINOR’S ABILITY TO USE THE STUDIO, PARTICIPATE IN AN EVENT OR ENGAGE IN AN ACTIVITY. I CERTIFY THAT I POSSESS ADEQUATE INSURANCE TO COVER ANY INJURY, DAMAGE OR LOSS, INCLUDING DEATH, THAT I OR THE MINOR MAY CAUSE OR SUSTAIN WHILE USING THE STUDIO, OR PARTICIPATING IN ANY EVENT AND/OR ACTIVITY AND I AGREE TO SOLELY BEAR THE COST OF ANY INJURY, DAMAGE OR LOSS SUSTAINED AS A RESULT THEREOF. THEREFORE, I AGREE TO ASSUME ALL RISK RESULTING FROM MY OR THE MINOR’S USE OF A STUDIO, OR PARTICIPATION IN AN EVENT AND/OR ACTIVITY.
II. MEDIA RELEASE. Dancebox Studio shall have the right and permission to use, publish, and/or reproduce photographs, and film/video taken by or for Dancebox Studio. In conjunction with my participation, I give permission for Dancebox Studio to take and use photos and/or video of me or my child for use in Dancebox Studio promotional materials, website, social media, and advertising without compensation or prior notice.
III. INDEMNIFICATION. I AGREE TO INDEMNIFY, HOLD HARMLESS, DISCHARGE AND DEFEND THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, DEMANDS, LIABILITY, CLAIMS, ACTIONS, EXPENSES AND COSTS (INCLUDING ATTORNEY’S FEES) (EACH A “CLAIM”), WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, INCURRED BY THE RELEASED PARTIES AS A RESULT OF MY, OR THE MINOR’S, USE OF THE STUDIO, PARTICIPATION IN AN EVENT, OR ENGAGEMENT IN AN ACTIVITY, INCLUDING ANY AND ALL CLAIMS WHATSOEVER ARISING OUT OF (A) THE NEGLIGENCE OF ME, THE MINOR OR THE RELEASED PARTIES; (B) THE USE OF ANY RECORDING MADE OR USED IN ACCORDANCE WITH SECTION II ABOVE; AND (C) ANY LACK OF AUTHORITY OR CAPACITY FOR ME TO ACT OR BIND THE MINOR TO THIS AGREEMENT OR TO OTHERWISE RELEASE THE RELEASED PARTIES ON BEHALF OF THE MINOR, THE PARENT OR LEGAL GUARDIAN.
IV. WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS RELEASE.
V. TERM. This Agreement shall commence upon my signing it and shall remain in full force and effect until the later of the last time I, or the Minor, as applicable, uses a Studio, is charged the Membership Fee, attends an Event or participates in an Activity, plus the period thereafter constituting the longest applicable statute of limitations under law. Sections I, II, III, IV and VI shall survive the expiration or termination of this Agreement.
VI. MISCELLANEOUS. This Agreement shall be governed by the laws of the state in which the Studio, Event or Activity giving rise to the claim is situated without regard to its conflict of law principles. If any action is brought by or on behalf of me and/or the Minor, against the Released Parties, such action must be brought in the federal or state courts located in the county and state in which the Studio, Event or Activity giving rise to the claim is situated. If any provision of this Agreement is held to be contrary to law or unenforceable for any other reason by a court of competent jurisdiction, such provision shall be revised to the minimum extent necessary to comply with the law and the remainder of the provision and this Agreement shall remain in full force and effect. The captions used in this Agreement are provided for convenience only and will not affect the meaning or interpretation of any provision of this Agreement. Electronic transmission of this Agreement will be deemed to be the same as delivery of an original. Click-the-box consent to the terms of this Agreement or electronic signature will be deemed to be the same as an original signature. At the request of any Released Party, I agree to confirm an electronically signed Agreement by signing an original document. In any action brought under this Agreement, the prevailing party will be entitled to recover, in addition to costs, reasonable attorney fees.