A. Annual Tuition.
You agree to enroll the student indicated on the Enrollment Contract in the Bayer Ballet Academy, Inc. ("BBA") for the 2019-2020 School Year, beginning on September 3, 2019 and continuing through June 7, 2020 (the "BBA School Year") and pay all applicable tuition fees and registration fee. Annual tuition fees and registration fees for 2019-2020 are listed on Attachment A hereto.
For new students enrolling after the 1st class of the month, the annual tuition will be adjusted on a prorated basis for the first incomplete month of such student's enrollment at a rate of twenty dollars ($20) per class.
B. Program Placement.
Program placement is subject to availability. The enrollment is on first come first served basis with returning students given priority and placement is subject to the approval by BBA's Artistic Director. If the program of your first choice is filled, BBA will keep you in its pool of applicants and return your annual fee, unless you choose to join an alternative program at BBA. Changes in program selection are subject to availability and approval by BBA's Artistic Director. After the program has started, there will be a $50 administrative fee for any program changes.
Any level placement or promotion of the students are in the sole discretion of BBA's teachers and are subject to approval by BBA's Artistic Director.
C. Payment -
I understand BBA has tuition payment policy that requires full payment of tuition upon registration, and agree to pay the full annual tuition upon registration. Payment can be made by check, cash or credit card. (Clients may request a special payment plan based on financial need). All Tuition and fees of any kind are non-refundable for any reason.
D. Late payment fee.
A late-payment fee of thirty-five dollars ($35) will be assessed for missed payments more than five days overdue; an additional service charge of one and one-half percent (1.5%) per month will apply for any account over thirty (30) days past due. There will be a thirty-five dollars ($35) fee for returned checks.
E. Online Payments.
Should you choose to make a payment online, you agree to pay an additional convenience fee of 3%.
F. BBA reserves the right to deny admission of the student to BBA facilities, classes, rehearsals, recitals, and performances if tuition payments due to BBA are not made by the due dates set forth above or if any other fees due have not been paid by the due date. Students whose accounts are in arrears may not participate in BBA performances, master classes and other programs until payment is received. Any actions taken by BBA do not diminish the obligation of the parent/guardian to pay tuition as outlined in this Enrollment Contract.
BBA fees paid are NOT transferable to another student or sibling. Any over-payments will be credited towards the next semester BBA fees.
G. Tuition Discount.
For families with more than one child enrolled in the school year, a ten percent (10%) discount is applied to the tuition of the child or children with the lowest monthly tuition rate.
H. Other Fees.
You acknowledge that any performance participation fees and costume fees are not part of the annual tuition fee and will be billed and payable separately, as specified in Attachment A hereto.
I. Liquidated Damages:
You agree that this Enrollment Contract constitutes an unconditional contractual obligation to pay tuition for the entire 2019-2020 BBA School Year. You understand that in reliance upon your contractual commitment, BBA, in turn, makes contractual commitments to teachers and staff, facility and equipment rentals, and the purchase of materials, supplies, and other items or services necessary to fulfill the Enrollment Contract.
These commitments by BBA do not disappear or diminish if a student departs BBA before the end of the school year. Any breach or non-fulfillment of these Enrollment Contract conditions, including full payment of tuition, will be considered a substantial breach of this Enrollment Contract by you. The parties agree that in the event a family or student breaches or purports to terminate the Enrollment Contract, or in the event the student otherwise ceases to attend BBA program (any of the foregoing, a "Cancellation Event"), the damages to the academy would be difficult to calculate. Accordingly, the parties agree that in the event of a Cancellation Event, the following liquidated damages are reasonable and will be paid to BBA for the remaining portion of the annual tuition contract:
Agreed Schedule of Liquidated Damages based on date unpaid obligation became due:
-Before July 1, 2019: 60% of the annual tuition contract amount;
-After August 1, 2019: 85% of the annual tuition contract amount;
-After September 1, 2019: 100% of the annual tuition contract amount.
S. Insurance and Indemnity.
You agree to provide health and accident insurance for the student and agree to indemnify BBA, its Directors, Officers, employees, contractors and agents against any claim, loss, liability, damage, cost or expense (including reasonable attorneys fees) arising out of relating to any student accident or health issue.
You, on behalf of yourself and the student, hereby agree to release, indemnify and hold harmless BBA, its Directors, Officers, employees, contractors and agents from any and all claim, loss, liability, damage, cost or expense (including reasonable attorneys fees) arising out of or relating to the enrollment, attendance, participation, withdrawal or expulsion from BBA programs of the child which is the subject of this Enrollment Contract, including but not limited to participation in classes, performances, competitions and other BBA activities and events, and anything resulting in any manner from the child's presence on BBA's property.
T. Assumption of Risk.
I am not a minor and I hereby acknowledge and agree to the following on behalf of my student and myself, my heirs, executors, administrators and assignees:
I may have the opportunity to participate in various activities, including dance classes, workshops, rehearsals, competitions and performances organized by BBA. I will receive information and instruction about dance and other related activities. I understand that by participating in any of these activities, I may be subjected to a variety of hazards and risks, foreseen or unforeseen, which may cause me to suffer property damage, personal injury or death ("Damages"). I know that these Damages can occur due to natural causes, the active or passive negligence of BBA or the negligent or intentional acts of third parties and/or fellow participants. I understand that I should therefore exercise extra care for my own person: I choose to participate in BBA activities, agree to pay the required costs therefore, and voluntarily assume the risks of such Damages occurring while I am participating in BBA activities.
BBA may at times deliver participants to various third parties, who are not BBA employees, consultants or affiliates, who will conduct, supervise, guide or instruct participants in various activities. BBA assumes no duty to certify, monitor or verify the qualifications of any third parties involved in these activities. Any concerns regarding the qualifications of any third parties conducting these activities should be directed to the third parties. Participant agrees to release, indemnify and hold harmless BBA for liability for Damages arising out of negligence of such third parties. I recognize that dance and all related activities require intense physical exertion that may be strenuous and may cause physical injury and therefore involve unique risks of Damages, and I am fully aware of the risks and hazards involved. I understand the nature of Marley floors, mobile floor bars and other dance equipment, and the consequences of wearing ballet slippers, pointe shoes, socks or bare feet and other related dance footwear, and I accept full responsibility for my own choice of footwear. I am satisfied with the condition of BBA's facilities and hereby assume all the risks inherent in the activities there. I voluntarily assume the risks of any and all Damages I may incur at BBA.
I further agree that the above Assumption of Risk and Waiver of Liability is intended to be as broad as permitted under California law, and that if any portion thereof is held invalid, it is agreed that all other portions shall continue in full legal force and effect. I HAVE READ AND UNDERSTOOD THE ABOVE AGREEMENT AND VOLUNTARILY AGREE TO SIGN THIS DOCUMENT. IF THE PARTICIPANT IS A MINOR, THIS DOCUMENT IS TO BE SIGNED BY THE MINOR'S LEGAL GUARDIAN. BY SIGNING BELOW THE MINOR'S LEGAL GUARDIAN INDICATES THAT HE OR SHE UNDERSTANDS THAT "I" ABOVE REFERS TO BOTH HIM OR HER AND THE MINOR. If BBA is the prevailing party in any legal proceeding either related to or brought under these terms and conditions, it shall be entitled to recover from the parents all costs from such proceeding and reasonable attorneys fees. California law shall govern any disputes between the parties.
This Enrollment Contract is personal to you, and may not be assigned without written consent of BBA. This Enrollment Contract may only be amended by a written agreement signed by both parties. If a court or arbitrator of competent jurisdiction holds any term of this Enrollment Contract invalid or unenforceable, such term will be reduced or otherwise modified by such court or arbitrator to the minimum extent necessary to make it valid and enforceable. If such term cannot be so modified, it will be severed and the remaining terms of this Enrollment Contract will be interpreted in such ways as to give maximum validity and enforceability to this Enrollment Contract. Any waiver of the provisions of this Enrollment Contract or of a party's rights or remedies under this Enrollment Contract must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Enrollment Contract or its rights or remedies at any time, will not be construed as a waiver of such party's rights under this Enrollment Contract and will not in any way affect the validity of the whole or any part of this Enrollment Contract or prejudice such party's right to take subsequent action. Unless agreed to in writing, the waiver by a party of any breach, violation, or default of a provision of this Enrollment Contract will not operate as a waiver of any subsequent breach, violation, or default of that or of any other provision.
This Enrollment Contract shall become effective only upon BBA's written acceptance, which shall be acknowledged by BBA's written Acceptance and Confirmation letter.