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Fitness class - Provisions of participation
Fitness Policy ♦ Participant is required to verify, with their
physician, that he/she is physically able to participate in aerobic, dance and fitness activities before enrolling
on any Dance Fitness Package and before participating in any class. Tuitions are non-refundable once purchased.
"Drop-in" rates are available for those who wish to "try us out" or, observe a class before enrolling
on a package.
♦ The availability of Dance Fitness "Packages" with expiration dates, allow the Director to
provide multiple class dates & times without "Membership Fees". Classes are provided/taught whether participants
do or do not attend. Therefore, classes included in the packages will expire on the expiration date, whether the
participant does/does not attend.
♦ Dance and Work-Out at your own pace.
Do not attend class if you are unable to gauge your own intensity level. Instructors will encourage participants to reach
their potential but, the instructor does not know YOU, can not feel the strain that YOU feel and, the instructor is NOT likely
to have medical training.
♦ "Certified" Zumba Instructors have received advanced training
in the Zumba "Style" of workout. "Certification" does NOT imply that ANY instructor has ANY medical
or CPR training.
♦ Dance Fitness packages offer "up to" _(#)_ classes over _(#)_
weeks. Dance Fitness Packages can save the participant 30%-50% (compared to "Drop In"
rates) if all classes are used within the specified time period! ♦
If a particular instructor is unavailable to teach a particular class, the studio owner reserves the right to substitute
instructors or topics without advanced notice.
Example: If "Zumba" is scheduled on Tuesday and, if a certified Zumba instructor
is not available, the studio may substitute the “Zumba” topic and provide a "Latin Cardio" class
or, a “Kardio Kick” class. (A "Latin Cardio" class is almost indistinquishable from
Zumba Dance. A substitute instructor who is NOT "Zumba" Certified teaches..."Latin Cardio")
♦ If you do not understand or, if you do not agree to all provisions in the the Liability Release "sign-in"
form, do not sign it; However, no one may participate in classes unless they have read, signed and agreed to provisions
in the liability release "sign-in" form.
Several of our services are available for purchase online for your convenience and, you are free to purchase
these services for your personal use or for a friend. However, due to recent federal & state provisions
surrouding words such as "Gift Certificate"/"Gift Card"/"Gift Voucher", we
are no longer able to associate these words with ANY purchase. For example, when you purchase our service online, whether
it be for yourself or another person, it is considered an "online purchase" and NOT a "Gift Certificate"
purchase, "Gift Card" purchase or, "Gift Voucher" purchase.
Fitness Policies Continued...
♦ The Director rents space for classes from facility owners on a "per minute" basis.
A class with less than 15 persons attending will likely be alloted a 45 minute time period. A class with more
than 18 persons attending on a regular basis may be expanded to 60 minutes in duration (depending on the schedule of the facility
owner). If an instructor is teaching a 45 minute class and "runs over" on time, the Director considers the
extra time a "gift". The participant will NOT be charged an additional session without advance notice. The facility owners expect the following to occur within the time period rented to the Fitness Director:
Participants "sign in", Participants to provide payment for the class they are attending (....if they have
not already done so), participants change shoes, enter the classroom (...if the classroom is separate from the facility),
time for the instructor to set up their music system, class instruction, announcements and, time for clients to exit
the classroom & facility. Most enrollments are processed by phone specifically for this reason. The faster the
set-up and exit occurs, the more time the instructors have for class instruction. The Directors rent for
classes taught at "Prime" locations is usually double (compared to non-prime locations). The Directors
rent for classes taught at "Prime" locations and, held between 5:30-7:30pm are often triple. The Director is
able to offer low rates for classes provided by balancing these factors.
♦ A class with 15 persons attending
is considered a "break-even" class. A class time/date that consistently has less than 10 persons
attending will likely be adjusted or deleted from the schedule. Dance Fitness schedule adjustments and/or class deletions
are not a violation of the participants purchase agreement.
♦ The Director does not/will not /cannot
promise any particular instructor nor, the same instructor for the same or different classes. And, the Director
recognizes that clients will likely be upset if their “favorite” instructor moves to “greener pastures”.
However, as long as 'Indentured Servitude" is against the law, neither the director, faculty,
instructors nor representatives have the ability to promise any particular instructor as a condition of enrollment.
♦ Dance Fitness class schedules vary seasonally. In the Summer, with longer daylight hours, open classes
are sometimes held at later time periods than during the winter. The studio promises 1-2 "open" classes
held between 5:45pm and 8:45pm weekly. A Weekend "open" class taught between 10:00am and 4:15pm is usually
the 2nd or 3rd option. Since the schedule depends on a variety of factors including, but not exclusively, room
availability, instructors and client participation, the Director cannot promise more specific times than the aforementioned
periods as a condition of enrollment.
♦ The director can not promise the availability
of any particular location as a provision of enrollment specified by the client.
♦ The Director
has the option of entering into an agreement with other studio’s &/or other Directors to provide participants
with additional class options. However, the owners & Directors have the right to disassociate themselves with each
other at ANY time. Associations between particular owners, directors and/or studios can be advertised
but, these associations are not a requirement, are not mandated through contractual agreement and are not considered
a provision of enrollment.
♦
Loss of Interest /
Life Changing Event
Refunds are not available. However, there is a little bit of flexibility for those who have
enrolled on a course and, have either "lost interest" or, incurred a "life changing" event within the
first 6 weeks. Partial credit towards a different service offered by either Best Of All Dance or Touch Dancing may
be available. These situations are discussed on a case-by-case basis and depend on the SIZE of the particular
class originally enrolled AND, the amount of “notice” provided to the studio.
Studio Policies Continued
♦ Payment
Plans: A Participant who enrolls via a Payment Plan permits CASOD Inc. the authority to
automatically debit payments without further notification. If any payment is returned/denied or not honored by the Participants'
banking institution/credit card, for any reason, the amount of the payment plus a $25.00 NSF fee, is added to the amount due.
An additional $25.00 late fee is due if the payment + NSF fee is not received in cash within 8 business days. If the
payment + NSF fee + late fee has not been received within 21 days of the payment due date, this contract will result in referral
for collections and, the Participant(s) agrees to assume financial responsibility for all costs & fees associated with
the collection of the unpaid balance. The Participant(s) authorizes CASOD Inc. to release information concerning
debts to those parties that can assist them in collecting any/all unpaid amounts & amount past due.
♦ In
consideration of being permitted to participate in Dance &/or Fitness classes, the participants recognize in advance that
Dance Fitness classes often require strenuous physical exertion, agree to assume all the risks & responsibilities surrounding
participation in Dance Fitness classes and in advance, voluntarily release, waive, forever discharge CASOD Inc, Ibsen Dance
Theater, Classical Ballet North, Casa De Fitness, CASOD Inc officers/staff/representatives from and against injuries, suffering,
damages of any nature, including death, that the participant may have or that may hereafter accrue, arising out of or related
to participation in Dance &/or Fitness classes whether caused by negligence or carelessness or otherwise. It is the participants
express intent that this release and hold harmless agreement shall bind the members of the participants family, spouse, estate,
heirs etc. and shall be deemed as a release, waiver, discharge and covenant not to sue the aforementioned parties.
♦ Common courtesy is expected between Dance Fitness participants, between participants and faculty and, between
Dance Fitness Participants and those individuals participating in services during the class period immediately prior to and
immediately following Dance Fitness class. The studio director reserves the right to refuse service and/or restrict participation
of any client/participant who is unable to meet this standard. A refund for unused services will not be provided if
a participant is restricted from attendance by the studio due to discourteous behavior.
♦ To protect nonpublic/proprietary information, the privacy of all Participants,
to maintain a competitive business practice and, in an aim to prevent actions that might impede the effort of Studio
Personnel, Teachers &/or Independent Contractors to conduct business, the following provisions shall be in effect during
the entire term of a Participants agreement -as well as- a twenty-four month period thereafter -and- shall
extend to a twenty-five mile radius of all locations utilized by CASOD Inc: (1) Participant(s) agrees not to promote dance
related services offered by persons/organizations/ businesses not affiliated with -or- not coordinated in cooperation with
CASOD or the Director to other studio Participants without written permission; (2) Participant(s) agrees not to associate
with current or former Studio Personnel &/or Teachers outside the Premises in any social or business relationship;
(3) Participant(s) agrees not to loan any money or furnish gifts, tips, gratuities or directly/indirectly provide financial
aid, financial assistance or support to Teachers &/or Personnel in order to engage in any capacity in the teaching of
dance -or- in order to engage in providing services which employ knowledge or techniques obtained by Personnel &/or Teachers while
as an employee or Independent Contractor. The Director may terminate this agreement, restrict a Participants involvement
and/or limit access to services &/or specific Teachers if the Participant(s) fails to make timely payments under
any payment plan -or- when the Participant(s) fails to follow Studio policies, provisions or studio rules stated above,
written in Studio brochures, Policy Manuals and/or on the Studio web pages.
♦ The Director guarantees
a minimum average of 2 classes per week for all Dance Fitness Package holders!
*Participants
who chose to “pay in full” are NOT restricted to a number of times per week they attend. Participants who enroll
on a Payment Plan are also unrestricted unless their rate of attendance exceeds the pace of their original payment
plan agreement. If the participant has attended 2/3 of the number of classes within their enrollment before
providing 2/3 of the total sum due, the studio has the right restrict or deny the participant access to studio services if
the participant does not provide the final payment before using the final 1/3 of classes. Example: Participant "Jane"
enrolled on a "Fitness 28". Her first payment of 1/3 tuition is provided on the day of her first
class. She agreed to make the 2nd 1/3 payment 4 weeks later. Her final 1/3 payment was due 8 weeks after the
first class. However, if "Jane" attends 21 classes in 7 weeks, the studio will request that she provide
the balance due before attending class number 22 of 28. If she is unable to do so, the studio has the right to restrict her
participation until the balance is paid in full.
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