TERMS OF SERVICE AGREEMENT,
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This Terms of Service Agreement (“Agreement”) governs the terms by which registered members and clients of Colorado School of Dance® obtain the services provided by Colorado School of Dance, LLC, (“CSD”) and formally accept the policies, procedures and assumption of risks and hereby absolve all rights to hold CSD liable for any injury, accident or death resulting from the associated activities within CSD’s services or those that occur while on CSD’s premises or events sponsored by the school. By selecting the correct box at the end of this Agreement and typing “I Agree” or otherwise signifying your acceptance, you accept this Agreement either for yourself or on behalf of your child and agree to be bound by its provisions. In this Agreement: (i) “you” or the “Client” means you, (ii) “Colorado School of Dance” or “CSD” means Colorado School of Dance, LLC, operator of the Site. CSD’s policies and procedures have remained consistent through the years, and while lengthy, they are now being viewed for your convenience and acknowledgement online so there are no misunderstandings on the expectations of services or payment for that service. This Agreement shall be governed by the laws of the State of Colorado.

1. TUITION POLICIES & FEES

(a) Colorado School of Dance® requires pre-payment of tuition for all services rendered (see the tuition schedule for detailed pricing on the website). Tuition is due by or on the FIRST of each month. Payment may be made in form of auto-pay (an on-file credit card, EFT transaction) or check, money order or cash. Tuition is based on a 40-week calendar year, and each month is the same tuition rate whether there are 2-3 wks in that month or 5 wks in the month- except for August and June, which is half tuition. Tuition is payable through 10 monthly tuition payments to begin on August 1st through May 1st. August tuition pays for the pre-season two weeks in August and the post-season two weeks in June, which includes dress rehearsals at the theatre. CSD does not send statements nor invoices (with exception for recital costumes), unless your payment is 10 days past due, so it is your responsibility to pay your tuition on time, either via mail (PO Box 1888, Parker, CO 80134), or at the front office, or in a tuition drop box in the studio lobby. Tuition is not prorated for missed class or snow days. Make-up classes are allowed and can be scheduled through the front office. A credit/debit card must be kept on file throughout the year to cover any past due tuition or other incidentals. When paying by credit card online for registration, this card will be the default card and unless otherwise communicated to our office, this will be the card used for auto-pay for your tuition.

(b) Registration Fee. By registering for service, you will be charged a non-refundable $35 annual registration fee at the time of your registration. This fee covers administrative and facility costs for the year, referring to the traditional dance year this coming August through the following June. Previous registration fees made for past seasons are not applicable for the upcoming dance year.

(c) Late Fee. After the 10th of the month, your account will be considered in default, and a late fee of $39 will be assessed to your account. Both your tuition and the $39 late fee will be charged to your credit card on file.

(d) Returned checks are charged $25 per item. After two offenses, the client will not be able to make payments via checks, and be required to use auto-pay for all future transactions.

(e) Credit Card Declines. If your on-file or auto pay credit card declines, you will receive a courtesy call and e-mail to resolve the payment situation. After a second offense, you will be responsible for an administrative late fee of $39 for the interruption. After three offenses, you will be required to place another credit card on file.

(f) Cancellation of Service. To discontinue service, cancel classes and/or stop tuition charges you must provide CSD with a two week written notice via CSD’s three-part communication change form available at the front office, with the signature a CSD manager showing receipt of this request. Failure to attend class does not release you from your contractual agreement with CSD. IF YOU FAIL TO FOLLOW THIS PROCEDURE, YOU ARE RESPONSIBLE FOR ALL TUITION, late fees and any and all outstanding balances until such notice is given as outlined above.

(g) Refunds/Exchanges. CSD is unable to refund or credit tuition, costumes, registration fees, tickets, or competition fees. CSD shop sales (Encore Dance Shop) may be returned unopened within 30 days of a sale with a receipt, otherwise the merchandize is not returnable. Clients who wish to pay for an entire dance year (Tuition x 10 months = total) will be discounted 5% off their total payment, if received by the first two weeks in August. If the student then drops at any time with the appropriate cancellation of service notice (see above), you will receive the difference minus the 5% discount and a $10 refund fee.

(h) Credit Card On File. CSD requires a credit card on-file to be used if the client defaults on payment.

(i) Payment Default. CSD never shares confidential or financial information with a child or student, or another client, unless written or verbal consent is given to us to do so. However, if a client is in default of more than 30 days, CSD has the right to withhold service, costumes or other product to the student. Remember, CSD requires pre-payment for service, and after the 10th of the month an account is considered in default, and late fees are accrued.

(j) Collections. The client is responsible for all fees, tuition and CSD administrative and attorney fees accumulated on behalf of CSD to collect payment due. If no communications is made on the behalf of the client in default, the account will be turned over to collections and claims court.

2. COMMUNICATIONS, CODE OF CONDUCT & CLASSROOM DISCIPLINE

(a) CSD communicates to students and parents on a regular basis via e-mails, the website, in-studio bulletin boards, newsletter mailers and the front office that is available Monday through Thursday from 9:00 a.m. to 7:30 p.m. All registered students receive a Fall Student Packet at the first week of their class(es), two printed newsletter mailers (one in November and one in March) and then a final Spring Student Packet in April. These materials include dates, calendars, schedules and fact sheets on classes and events for your dancer. The teacher will also provide handouts given in class periodically, either pertaining to curriculum and/or important dates/times. Written Student Exams (i.e. a dance report card is given in April of each year prior to the May 1st registration date). The studio voicemail and Website posts important information concerning calendars, schedules, closures and holidays. All general studio communications are available online at www.coloradoschoolofdance.com for easy download.

(b) Code of Conduct. CSD views the parent-student-teacher relationship as a partnership all with a common goal and mission. Together all parties must agree to follow a Code of Conduct: 1) Be respectful to all students, other clients, teachers and the staff. 2) Follow our mission statement as a TEAM. 3) Get involved, and show your studio spirit. 4) Keep communication positive. 5) No Tolerance Policy. CSD has a “no-tolerance” policy in which the Director will call a parent or child into her office if she hears of any concerns of bullying, complaining, gossip or talking down of other students, other studios or each other. Parents and staff are responsible to report any concerns to the Studio Director. CSD’s number one concern safety, and this extends to the safety of our students’ relationship with their peers. Any parent or child that represents negative action, physical threat or harm, or an unhealthy attitude in which the director sees as a harm to the school’s environment, reputation or emotional harm to other students and parents, will be dismissed from all studio activities and classes.

(c) Classroom Discipline Policy. I understand and agree that if my child is disruptive, disrespectful and/or causing harm to themselves or others, they will be released to either the parent or the office for the duration of that class. After two occurrences, it is my responsibility to schedule an appointment with the teacher and/or Studio Director to resolve behavioral issues with a plan of action. If the behavior continues, the studio has the right to withdraw the student from class. The Director has the right to dismiss a student and/or parent from our program at any time, for any reason, in favor of keeping the program stress-free and a positive, safe environment for all students and parents. CSD’s specific discipline code for each age group varies, but overall, CSD operates first with a verbal warning to the student, then second with a pause of reflection where the student may be seated for an age appropriate period of time, and then a third offence in class involves a discussion of the behavior between the teacher and parent. Rarely does CSD have issues arise, and it is always best to be proactive and work together as parents & teachers.

3. ATTENDANCE, TARDINESS & INCLEMENT WEATHER

(a) Attendance is crucial in dance training. CSD ‘s tuition based on your placement in the class, whether you are absent or present. If a student is going to miss a class for whatever reason, it is your responsibility to call or e-mail the studio so that the teacher is alerted of the absence. Due to waitlists, the studio cannot hold placement for leave of absence, or give credits for vacations.

(b) Tardiness is frowned upon, since the safety of the dancer during warm-up is so crucial. If a student is tardy to class more than FIVE MINUTES, the student must wait at the inside of the studio door for the teacher to invite them into the class. If tardiness is a reoccurring problem, the teacher will contact you to discuss the issue. Attendance and tardies may affect the placement of a dancer.

(c) Class cancellations due to inclement weather will be posted on CSD’s voicemail after 9:00 a.m. and/or at least 45 minutes prior to a class start time. CSD generally closes if area schools are closed due to severe weather, but not in all cases, so again, check the voicemail or website for postings. CSD does not refund tuition due to inclement weather, or other acts of severe nature that cannot be avoided. The studio voicemail and Website posts important information concerning calendars, schedules, closures and holidays.

4. DRESS CODE, STUDIO RULES & CLASS PLACEMENTS

(a) Dress Code: Absolutely no street shoes are permitted inside the dance rooms. CSD does have a strict dress code, and in most cases requires the hair to be up and out of the face (i.e. ballet bun). To view the dress code go to “class” on subject menu of the website at www.coloradoschoolofdance.com or request it from the front office. Students must follow CSD's professional standard dress code for colors, shoes and appropriate dancewear. Specifically, CSD requests that all ballet shoes have suede soles, and it is highly recommended that they are properly fit, since dance shoes come in various widths and styles. Dancewear, workbooks, supplies and shoes can be purchased at Encore Dance and Bodywear, proceeds of which support your dance school programming and special events.

(b) General Rules: Students are to follow basic rules of no food, gum or drinks other than a water bottle in the classrooms. Students are not to be in the classroom without the supervision of a faculty member. Students are to respect the studio environment, and not leave trash or personal belongings on the floor or in the common areas. Be on time. Dancers should arrive five minutes prior to class with shoes and proper attire. PLEASE DO NOT be late picking your child up from class. The CSD Faculty and Management are not responsible for supervising students after class ends, nor if they leave the building on their own. It is CSD’s procedure that we are responsible for the dance student only inside the dance studio room for instruction time, and not liable for the student once their class has finished. Parents arriving late to pick up a child on a consistent basis may be subject to dismissal. If a student under the age of 18 is not picked up at least 10 minutes following the last class of the evening, and a faculty member is held there to wait with the student, then the parent of that child will be billed a rate of $20 for every ten minutes after hours.

(c) CSD Faculty are trained professionals and will make the correct decision and recommendation for each dancer’s placement that is both correct and safe for the student’s growth. Parents and students are always welcome to meet with their teacher or the director to set goals to accelerate the process. It takes about two years to progress through each level beginning at 2nd grade (Levels 1 through 6, with “B” for Basic/1st year and “A” for Advanced/2nd year). Students will pass up to specific levels only when they have the full strength and skill level, and have successfully passed the spring exam. CSD has a strong focus on giving each student the best opportunity for success, and sometimes that may mean working at the top of a class at a lower level, rather than struggling through the higher level. By acting responsibly in their placement, CSD enforces safety and cautiousness, and prevent injuries. All new, incoming students with dance backgrounds may schedule a placement evaluation with one of our program directors (i.e. Ballet or Jazz) prior to beginning classes with the school.

5. RECITAL COSTUMING & PARTICIPATION

(a) As a registered student of CSD, all clients receive an invoice by default for a spring recital costume along with a costume order form in your Fall Newsletter in late October. CSD DOES NOT CHARGE AUTO-PAY or ON-FILE ACCOUNTS for this product, but rather, the client will need to confirm with CSD if you want this product CHARGED TO YOUR ACCOUNT, AND YOU MUST SIGN FOR IT AT THE FRONT OFFICE. This charge is separate from tuition and registration, and required for your student to participate in the annual program. The costume(s) are purchased by you, the client, and must be ordered by December 1st prior to the spring show. If you choose not to participate in the end-of-the-year student show, then you may call and cancel this item off of your account. Please note that after December 1st, CSD cannot guarantee late orders by pictures or dress rehearsals. Costumes are non-refundable once ordered. CSD works to use only the best third-party vendors for dance costuming.
(b) Recital participation is optional, but encouraged. Dance is a performing art, and one of the most unique opportunities that CSD dancers receive is to work with professionals backstage in a real theatre environment and produce a student production. CSD does full student productions every year, with a ballet feature production every other odd year. The recitals are called the “Celebration Dance Festival” and held in early to mid-June every year.

6. PHOTO DISCLAIMER

I hereby permit the Colorado School of Dance to use photograph, video or other likeness taken in class or at performances, in which myself/or my child may appear, in the promotional and any other materials of Colorado School of Dance without payment or other consideration made to me.

7. ASSUMPTION OF RISK & LIABILITY WAIVER/DISCLAIMER

As the legal representative of my child, hereby waive any and all liability of Colorado School of Dance, LLC, the employees, agents and owners, that may arise while on the premises, or in class including illness, injury or death. I authorize Colorado School of Dance, LLC, of Parker, CO 80134, the employees, agents and owners to instruct me/my child(ren) in dance and related activities while I recognize and understand the inherent dangers associated with such activities. I hereby release and absolve Colorado School of Dance, LLC, its employees, agents and owners from all claims and causes of action arising during activities at the school. I understand there is an assumption of risk which I/my child are taking during dance and related activities, and injuries, illness and fatalities may arise during such activities. Colorado School of Dance is also not responsible for the loss of any personal property or the property of others that is placed on campus at any time or at other locations during school sponsored or public events.

8. CONTACT

If you have concerns relating to this Agreement, please contact Colorado School of Dance ® at 303-841-7233.

9. ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF CSD AGREEING TO PROVIDE THE CONTENT OF THE ABOVE POLICIES AND PROCEDURES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CSD, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND CSD RELATING TO THE SUBJECT OF THIS AGREEMENT.