Capitol Dance Center, Inc. (DBA: Sacramento Dance Center)
Subscription Terms and Conditions
SECTION 1. SUBSCRIBER AND SUBSCRIPTION. Capitol Dance Center, Inc. (the Studio) offers various types of subscription to its clients (Subscribers). Each subscription provides a certain number of class credits per period. One period is from the date of purchase to one day before the same purchase date in the following month. Subscriptions renew automatically after each period. Example: Subscriber purchases a subscription July 6, 2020; the subscription renews August 6, 2020 and on the 6th of each month thereafter. Subscriber may purchase more than one subscription per period.
SECTION 2. CLASS CREDIT. When Subscriber purchases a subscription, he/she is credited specified number of class credits per period. Subscriber uses credits to book (register/check-in) classes that are designated in the subscription. Unused class credits (if any) expire at the end of each period and do not carry over to the following period.
SECTION 3. PAYMENT. The subscription fee will be charged each month when the subscription is renewed, until the subscription is cancelled either by Subscriber or by the Studio. (See Section 4 for details of subscription cancellation.) The Studio has contracted a third party to process Subscribers credit card payments. NBX SDC 9166352600 will be shown as the merchant on all credit card statements.
SECTION 4. CANCELLATION
Voluntary Cancellation. To cancel a subscription after five (5) days (counting the day of purchase and excluding weekend) of purchasing the subscription, Subscriber must request the cancellation (in writing) at least 15 calendar days prior to the date of cancellation. The 15-day cancellation period starts on the day such request is received by the Studio. Any subscription fees owed by Subscriber during the 15-day cancellation period must be paid to the Studio by the end of the 15-day cancellation period. The Studio will refund any amount due to Subscriber within 10 business days of the effective date of cancellation.
Cancellation for Violation of Rules or Misconduct. Subscriber is subject to the Studio's rules and policies, as they may be amended from time to time by the Studio in its sole discretion. The Studio may cancel a subscription of Subscriber for failing to comply with any of the rules and policies of the Studio and for any conduct the Studio deems to be improper or harmful to the best interests of the Studio, its staff, and its Subscribers. The subscription may be cancelled in person or by email notification sent to the last email address on the Studio records for the subscription.
SECTION 5. SUBSCRIPTION FEES AND CHARGES
Except as otherwise provided herein, all subscription fees and charges are subject to change by the Studio at any time. The Studio shall provide advance written notice of such changes to Subscribers.
SECTION 6. TRANSFER OF SUBSCRIPTION. Subscriber may not transfer his/her subscription(s) to any other persons, including but not limited to a spouse, family subscribers, friends, or his/her dance partner.
SECTION 7. RELEASE OF LIABILITY AND ASSUMPTION OF RISK. Subscriber hereby acknowledge that the use or an access to the premises, facilities, services and equipment of the Studio involves a risk of injury to him/her or his/her guests, whether caused by the actions or negligence of the Subscriber, other Subscribers, the Studio, its staff, independent contractors, volunteers, or someone else. Specific risks vary from one activity to another, and the risks range from minor injuries to major injuries. Subscriber understands and voluntarily accepts this risk and agrees that the Studio, its employees, owners, officers, directors, agents, volunteers, and independent contractors will not be liable, and Subscriber forever gives up and waives any claims or demands, for any injury, including, without limitation, personal, bodily, or mental injury, death, economic loss or any damage to Subscriber, his/her spouse, guests, unborn child, or relatives resulting from the negligence of the Studio, anyone on the Studios behalf or anyone else, whether related to the activities provided by the Studio or not.
Subscriber agrees to indemnify, defend and hold the Studio harmless from any loss, liability, damage or defense costs, including attorneys fees it may incur, in connection with claims for personal injury, bodily injury, wrongful death or property damage (i) caused by Subscribers negligence or other wrongful acts or omissions, or (ii) brought by Subscriber, Subscribers guests, or minor children, even if the Studio was negligent. Subscriber further agrees that the Studio will not be responsible or liable for any loss, theft, or damage to any of Subscribers property in or about the premises of the Studio including, but not limited to, any personal property left in the Studio premises or Subscribers vehicle. Subscriber further agrees that the foregoing release of liability and assumption of risk is intended to be as broad and inclusive as is permitted by the laws of California and that if any portion hereof is held invalid the balance shall continue in full force and effect.
SECTION 8. ARBITRATION
AGREEMENT TO ARBITRATE ALL DISPUTES. IN THE EVENT OF ANY DISPUTE BETWEEN SUBSCRIBER AND THE STUDIO (THE STUDIO, AS USED IN THIS PROVISION, INCLUDES ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, AND AGENTS), SUBSCRIBER AND THE STUDIO EACH WAIVES ITS RIGHT TO A JURY TRIAL AND CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN THE COUNTY OF SUBSCRIBER'S RESIDENCE IN CALIFORNIA, RATHER THAN LITIGATE THE DISPUTE IN COURT. SUBSCRIBER AND THE STUDIO ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. IN ADDITION, SUBSCRIBER ALSO AGREES NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING THE CLAIMS OF ANOTHER PERSON, IF THE STUDIO IS A PARTY TO THE PROCEEDING. SUBSCRIBER AND THE STUDIO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN SUBSCRIBER AND THE STUDIO AND THAT THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING WITHOUT THE RIGHT OF APPEAL. IF SUBSCRIBER DOES NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, SUBSCRIBER MAY OPT OUT. IN ORDER TO OPT OUT OF THIS ARBITRATION PROVISION, SUBSCRIBER MUST NOTIFY THE STUDIO IN WRITING THAT SUBSCRIBER DOES NOT WANT TO RESOLVE DISPUTES WITH THE STUDIO BY ARBITRATION. SUCH NOTICE SHOULD BE DELIVERED BY U.S. MAIL TO CAPITOL DANCE CENTER, INC., 11270 SANDERS DR. SUITE A, RANCHO CORDOVA, CA 95742, OR BY EMAIL to email@example.com, WITHIN 30 DAYS OF THE DATE SUBSCRIBER SIGNS THIS CONTRACT.
ARBITRATOR WILL RESOLVE ANY ISSUES OVER APPLICATION OR ENFORCEMENT OF THIS CAUSE. The arbitrator, and not any Federal, State, or local court or agency shall have exclusive authority to resolve any dispute relating to the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this contract and the validity of this arbitration provision, including, but not limited to, any claim that all or any part of this contract is void, voidable or unconscionable.
SEVERABILITY AND SURVIVAL. This arbitration agreement will survive the termination of Subscriber's relationship with the Studio.