1. Term: The Client agrees to prearrange and complete all lessons and/or services provided in this Agreement within one (1) year of the date of student registration. Outevsky Bespoke Dance Education (hereinafter “OBDE”) shall not be obligated to transfer any unused or expired dance lessons and/or services from prior Agreements.
2. Payments: The Client agrees to make the payment required under the Agreement before the service is rendered, otherwise the Agreement is terminated immediately. OBDE may, in its sole discretion reinstate the Agreement to the initial date of the Agreement upon receipt of payment.
3. Rescheduling/ Cancellation/ Non-Appearance/ Lateness by the Student: All courses shall be scheduled as per dates and times agreed between OBDE and the Client. All cancellations and/or changes to the dates should be communicated within the following timeframes. 3 month courses – 1 week notice/ 6hr workshops – 3 days notice/ 1hr classes – 24hr notice. Otherwise the course/lesson shall be forfeited. All missed lessons without notice at all shall be forfeited. Credit for future registration will be given if the Client adheres to these timeframes and may be given beyond these at OBDE’s sole discretion if proof of extenuating circumstances can be provided such as a doctor’s note.
4. Rescheduling/Cancellation by OBDE: OBDE may cancel or reschedule any individual or group lesson in its sole discretion at any time for any reason, including but not limited to, inadequate number of Clients for a group lesson, inclement weather, illness of an instructor, etc. In such cases, the client will retain credit for future registration.
5. Instructors: OBDE does not guarantee the services of any instructor except David Outevsky nor does OBDE guarantee that a request for a particular instructor will be accommodated.
6. Refunds: There shall be no refunds for any reason whatsoever except as set forth in paragraph 8.
7. Termination by the OBDE: OBDE may terminate an Agreement with a Student for good cause, i.e. the Student is disruptive, rude, abusive, violates a law, violates the terms of the Agreement, etc. Upon termination the Client shall not be entitled to a refund for any unused lessons/courses.
8. Termination by the Student: The Client may terminate this agreement within sixty days (60) of the date of the Agreement. Upon termination under this provision, the Student shall receive a refund for only unused lessons paid for under this Agreement or the prorated registration fee for online courses if they had already began.
9. Use of Image and Likeness: The Client grants permission for videos and photographs to be taken of the Client while participating in OBDE activities including online and in-person workshops, courses, and lessons. The Client understands that the photographs and videos shall be the property of OBDE exclusively and may be utilized by the OBDE in its sole discretion for advertising, marketing, or promotional purposes for a period of seven (7) years following the expiration of the Agreement.
10. Non-Competition: The Client shall not be permitted to solicit or induce an instructor of OBDE to render services to the Client without OBDE knowledge and consent. The Client shall not give or loan anything of value to the Instructors except for a tip that would be customary and standard in the industry.
11. Liability/Waiver Release: The Client assumes any and all risks involving or arising from his/her participation in the services offered by OBDE, including without limitation, the risk of death, bodily injury or property damage, the unavailability of emergency medical care or the negligent or deliberate act of another person. The Client, his/her heirs, assigns and legal representatives, hereby expressly agree to release, waive, discharge, indemnify, defend and agree not to sue OBDE and any of its successors, assigns, affiliates, officers, directors, employees, and agents from all causes of actions and demands whatsoever in law or equity, including attorney’s fees in connection with any injuries sustained during any lessons, workshops, showcases and/or company events.
12. Non-Transferable: This Agreement is not transferable or assignable to any other individual and/or entity.
13. Legal Construction: In case any one or more of the provisions contained in this Agreement shall for any reason, be held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement and the unenforceable provision shall be construed in accordance with a valid and legal law that reflects the intensions of OBDE as closely as possible and the remaining provisions shall remain in full force and effect. This Agreement shall not be more strictly construed against OBDE because it drafted the Agreement.
14. Entire Agreement: This Agreement supersedes any prior understandings or written or oral Agreements between OBDE and the Client.
15. Actions: Any controversy or claim arising out of this Agreement shall be resolved through the American Arbitration Association (“AAA”). The proceedings shall be conducted in the State in which OBDE is located, and the law of the State in which OBDE is located shall govern. In any action between OBDE and the Client, the prevailing party shall be entitled to recover expenses and reasonable attorney’s fees. Any and all claims brought against OBDE must be brought within twelve months of the accrual of the claim or within six months of the expiration of the one year term of this Agreement, whichever occurs first.
16. Waiver: In the event OBDE relaxes any rules stated herein, the relaxation of same shall not be deemed a waiver of any rights OBDE may otherwise have at a later time.
