$39 Monthly Studio Membership
This ALIGN STUDIO MEMBERSHIP AGREEMENT (the “Agreement”) is entered into and made effective as of this (the “Effective Date”)
], having a primary address at (hereinafter referred to as “CLIENT”),
ALIGN BALLET METHOD, INC, a corporation, incorporated under the laws of the state of California, having its principal place of business at 6085 W. Pico Los Angeles CA 90035. (hereinafter referred to as “COMPANY”)
Hereinafter, Company and Client may collectively be referred to herein as the “Parties,” and individually as a “Party”.
WHEREAS, COMPANY provides dance lessons and fitness classes. (“Services”); and
WHEREAS, CLIENT is desirous of obtaining such Services, and COMPANY hereby accepts to provide such Services to CLIENT, pursuant to the terms of this Agreement.
NOW THEREFORE, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
1.1. During the term of this Agreement, COMPANY, in the capacity as an independent contractor, shall provide the Services to CLIENT. COMPANY agrees to provide to CLIENT:
(a) immediate booking of all available classes
(b) $5 off a single regular schedule class.
(c) 10% off merchandise; and
(d) 10% off master classes.
1.2. In the event that additional assignments are agreed upon between COMPANY and CLIENT, the Parties shall execute an addendum to this Agreement describing the additional assignments, including the fees and deliverables for that specific assignment.
1.3. COMPANY expressly reserves the right in its sole discretion to cease and/or suspend all or any part of the Services to CLIENT without notice to CLIENT if COMPANY determines in its sole discretion that continuing service to CLIENT will prove detrimental to COMPANY.
1.4. COMPANY reserves the right in its sole discretion to modify the schedule, instructors, and/or any other element COMPANY determines in its sole discretion to be necessary for the successful management of this program.
1.5. Covenants. COMPANY will perform the Services in an efficient and workmanlike manner in conformance with the highest professional standards and best practices.
2.1. CLIENT agrees to engage COMPANY and COMPANY accepts said engagement for a term of Six (6) months commencing on the Effective Date set forth above (“Initial Term”).
2.2. It is the intent of the Parties that unless this Agreement is terminated pursuant to Section 2.3, this Agreement and the Services hereunder will automatically renew and continue in effect in perpetuity.
2.3. This Agreement may be terminated at any time by CLIENT by serving COMPANY notice of non-renewal by electronic mail at least 10 days before the end of the Initial Term. The notice of non-renewal will be effective upon the conclusion of the Initial Term.
Access and Access Fee
3.1. CLIENT shall pay to COMPANY, and COMPANY shall accept from CLIENT a monthly recurring fee of $39.00 (“Access Fee”) for an ALIGN STUDIO MEMBERSHIP. Access Fee shall be charged automatically to CLIENT’s authorized credit card or checking account ACH charges via autopay. CLIENT hereby represent and warrants that CLIENT is the holder of the credit card or an authorized signatory on the checking account.
3.2. By payment of initial Access Fee, CLIENT hereby agrees to pay a recurring Access Fee as an automatic charge to CLIENT credit card, or automatic debit to CLIENT checking account each month during the Term of this Agreement and Renewal Terms unless CLIENT gives a notice of non-renewal in accordance with section 1.2 of this Agreement.
3.3. In the event that CLIENT’s credit card or checking account fails to authorize the charge of the Access Fee for any reason, CLIENT shall pay a charge of ten U.S. Dollars ($10) as a late fee if CLIENT do not provide a valid credit card or checking account ACH information to COMPANY within ten (10) calendar days of the original rejection date.
3.4. CLIENT expressly acknowledge, accept and agree that COMPANY may refuse to provide the Services hereunder to CLIENT if CLIENT’s account becomes more than thirty (30) calendar days past due.
3.5. CLIENT expressly acknowledge, accept and agree that my membership with Align Ballet Method is non-transferable. COMPANY expressly reserves the right in its sole discretion to cease and/or suspend all or any part of the Services to CLIENT without notice to CLIENT if COMPANY determines in its sole discretion that continuing service to CLIENT will prove detrimental to COMPANY.
Relationship of the parties
4.1. The Parties agree that COMPANY is providing services for CLIENT as an independent contractor. Nothing contained in this Agreement will be deemed or construed by the Parties or by any third party to create the relationship of principal and agent, a fiduciary, or of partnership, joint venture or any other type of association between the CLIENT and COMPANY. No officer, employee, agent or independent contractor of either Party will at any time be deemed an employee, representative, agent or contractor of the other Party solely because of this Agreement. COMPANY will be responsible for the management and performance of all his employees, subcontractors and suppliers. COMPANY will have no authority to enter into any contracts or commitments on the CLIENT’s behalf.
4.2. Non-Exclusive Relationship. Nothing in this Agreement shall prohibit or restrict COMPANY from representing, performing services for, and contracting with as many additional clients, persons, or companies as COMPANY, in COMPANY’s sole discretion, sees fit.
4.3. Employees. COMPANY’s employees, if any, who perform services for CLIENT under this Agreement shall also be bound by the provisions of this Agreement.
5.1. CLIENT hereby agrees as follows:
5.1.1. to comply with the instructions of COMPANY’s employees, instructors, and agents.
5.1.2. to ensure that CLIENT is in good health and have the prerequisites for the Training Services.
5.1.3. CLIENT shall not or interfere with the COMPANY’s platform and/or the Services’ operation or the servers or networks that host the platform and/or the Services.
5.1.4. CLIENT shall not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services or any content found on or originating from COMPANY including any material made available on the platform for training purposes.
5.1.5. COMPANY, COMPANY’s employees, instructors, and agents shall NOT be responsible for any accident or injury during the Training Services.
6.1. COMPANY represents that COMPANY shall provide the Services in connection with this Agreement in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services.
6.2. COMPANY will comply with all applicable federal, state, and local laws and regulations in the performance of all services under this Agreement.
7.1. Notwithstanding anything to the contrary herein, COMPANY retains the ownership of all copyright and other intellectual property rights in the Training Services and Training Materials, including but not limited to any documentation, data, material, knowledge, technical information and know-how provided to CLIENT.
Disclaimer & Liability
8.1. CLIENT expressly agree that COMPANY, its directors, officers, employees, personnel, agents, contractors, affiliates, or licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for lost profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Services or for any other claim related in any way to CLIENT use of the Services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of COMPANY shall be limited to the extent permitted by law.
8.2. The classes, instruction, media, and services are provided without guarantees of any kind. COMPANY does not guarantee, represent, or warrant that CLIENT’s use of the services will be uninterrupted or error-free. CLIENT agree that the services may be removed at any time without notice or liability to CLIENT.
9.1. Notwithstanding anything to the contrary contained herein, COMPANY shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, pandemic, fire, floods, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, omissions or delays in acting by any governmental authority or the other party, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, COMPANY agrees to make a good faith effort to perform its obligations hereunder.
10.1. Counterparts. This Agreement may be executed in two or more counterparts (including by portable document format (PDF)), each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement.
10.2. Electronic Signatures. Electronic signatures shall be treated in all respects as having the same force and effect as original signatures.
10.3. Governing Law. The Parties intend all provisions of this Agreement to be enforced to the extent permitted by law. This agreement shall be governed and construed under and in accordance with the laws of the state of [ENTER STATE]. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the terms included herein will continue in full force and effect.
10.4. Arbitration of Disputes. Any dispute or claim that arises out of or relates to this Agreement, or that relates to the breach of this Agreement or that arises out of or that is based upon this Agreement shall be resolved by through binding arbitration conducted in accordance with the rules of the American Arbitration Association (“AAA”).
10.5. Interpretation. The headings in this Agreement are for reference purposes only and shall not in any way affect the meaning and interpretation of this Agreement.
10.6. Entire Agreement and Amendment. This Agreement constitutes the entire agreement of the Parties hereto and can only be amended with the written consent of both Parties or otherwise as mutually agreed by both Parties.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date.CLIENT
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Document Name: $39 Monthly Studio Membership
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