"REGISTRANT" AND OTHER DEFINED TERMS
The term "Registrant," as used in this ENROLLMENT AGREEMENT, DISCLAIMER AND RELEASE ("Enrollment") means the student ("Student") enrolling for one or more sessions or productions sponsored by Ovations Studios, Inc. ("Ovations"), or, if the Student is under the age of 18, the Student and Student's parent or legal guardian. All policies set forth by Ovations are subject to change, without notice, at any time at the sole discretion of Ovations.
ENROLLMENT AND TUITION
Registrant understands and agrees that this Enrollment entitles the Student to attend only the particular session identified in the associated enrollment registration form and does not entitle the Student to participate in other Ovations Studios' sessions or productions. For example, enrolling in a session of Fall dance classes does not entitle the Student to participate in a December production of the Nutcracker ballet, and enrolling in a session of Spring dance classes does not entitle the Student to participate in any Spring ballet or musical theater performance or the June Recitals.
Tuition for any session or performance is due upon Enrollment. Tuition may be paid by credit card or eCheck. Checks for tuition may be used for payment; however, if tuition is paid by check, Enrollment will not be effective, and the Student will not be entitled to participate in the session or performance, until the check or money order has cleared Ovations' account. There will be a $35.00 fee for each payment returned for insufficient funds. Payments in cash are neither accepted nor will entitle Student to Enrollment. Ovations reserves the right to cancel any class in the event of under-enrollment or Ovations inability to provide studio space or teacher to hold a class, as determined by Ovations in its sole discretion. In the event that Ovations cancels a class due under-enrollment, limitations of studio space or inability to provide a teacher to teach a class, Ovations will notify student or student's family of such cancellation and provide a refund for any tuitions paid by student or student's family relating to such cancelled class.
Placement of a Student in any given class or classes or changes in placement are ultimately determined by Ovations staff. While students and parents may enroll through the Parent portal and Ovations provides guidelines and general ages for certain class levels, Ovations staff will, in its sole discretion, require a student to move to a different level if Ovations staff deems such movement is appropriate. For Academy and Advanced levels of classes, placements by Ovations staff are required. Further, in most cases classes offered during the Fall and Spring semesters year are designed to be two semester long classes, broken into semesters or trimesters, and, therefore, movement between levels from Fall to Spring Semesters for most of the classes is not permitted or advisable.
Tuitions and Classes listed on the Ovations website and the Parent portal are listed as correctly as possible. However, in the event that a class, performance or workshop is listed incorrectly or any details around the listing are incorrect, including dates and times of the classes/workshops, prices of these classes or workshops, or any other detail, Ovations reserves the right to correct any of these details and/or charge the appropriate cost of the class after notifying the Student or Student's Parent/Guardian about the error.
WITHDRAWAL FROM CLASSES
If Student withdraws from the any session or performance for any reason, no refund with be granted or paid for any tuitions, fees or costume fees. Further, if a student is removed from an Ovations class or production participation for certain reasons, including disciplinary reasons or violations of Policies and Procedures set forth in any Handbooks associated with those activities, if applicable, no refunds will be granted.
Any dispute concerning the terms of this Agreement will be decided under Delaware law, without regard to conflicts of laws provisions, and shall be decided through binding arbitration by a nationally-recognized arbitration organization, such as the American Arbitration Association.
LIABILITY WAIVER AND ASSUMPTION OF RISK
Registrant represents that (1) he or she understands that dance is a physical activity and art form; (2) Registrant is choosing to engage in such activities and/or to allow Student to do so; and (3) it may be necessary and appropriate for instructors to place hands on the student for proper placement and correction of body alignment.
Registrant agrees that, in exchange for Student being permitted to participate in the Enrollment session or production, Registrant must and will indemnify and hold harmless Ovations, and any and all owners, officers, directors, shareholders, employees, contractors, and agents of Ovations, and their family members, heirs, executors and administrators ("Indemnitees"), from and against any and all liability arising out of or in consequence of any mental, emotional or physical injury, illness, or death, sustained by Student, Registrant, any family member or caregiver of Student or Registrant, and any invitee of Student or Registrant, arising from participation in, attendance at or commuting to or from the Enrollment session or production. Registrant agrees that none of Student, Registrant, any of their heirs, assigns, representatives, or invites will make a claim against Ovations for any such injury, illness or death. Registrant represents that he or she has carefully read this liability waiver, has had the opportunity to seek legal advice, and fully understand its contents. Registrant understands that this agreement is intended to be as broad as permitted by the laws of the state of Maryland.
Registrant requests and authorizes that in his or her absence, Student may be admitted to any hospital or medical facility for diagnosis and treatment and authorizes physicians, or other such licensed professionals, to perform any diagnostic procedures, treatment procedures, operative procedures and x-ray treatment of the student. There is no guarantee as to the results of examination or treatment. Registrant authorizes the Ovations, its owners, members, Board of Directors, and all employees and agents of these parties to act for Student according to their best judgment in providing or arranging for emergency care in any emergency situation requiring medical attention.
PHOTO AND VIDEOTAPE RELEASE
Registrant grants Ovations the right to use and incorporate the use of photographs and/or videotapes of Student for publicity or display purposes relating to the business of Ovations.
There is no tuition allowance or reimbursement for any class missed for any reason. Missed classes (other than those missed due to weather cancellation or other cancellation necessary, in the sole discretion of Ovations, caused by circumstances out of the control of Ovations including, but not limited to, weather, water or plumbing related emergencies) may be made up in a similar class within the same time period if there is another similar class offered during the same session(e.g., a fall missed class may be made up by attending another class of same genre ((i.e., ballet, tap, etc.)) at same level or, if needed for scheduling one level below student's enrolled class level, during the same fall). If there is no similar class offered in any given session, Ovations will work with families to schedule a suitable makeup session; however, there are no guarantees that a make up class can be scheduled. During weeks of performances including, but not limited to: Nutcracker, Spring Musical Theater Productions and Recitals, no make up classes will be permitted. There are no make up classes offered the last two weeks of the Spring Semester. Performance weeks (subject to change) include December 9-16, 2018, April 29-May 6, 2019. Classes missed during the last week of the Fall session cannot be made up and classes missed during the last two weeks of the Spring semester cannot be made up. . There are no make ups whatsoever for any classes, intensives, workshops or any other programs offered during the summer. Classes that are offered only one per week including, but not limited to: adult classes, Advanced Hip Hop, Advanced Tap, modern, certain beginner level courses, lyrical and adaptive classes are not eligible for make up classes.
All students are expected to attend their regularly scheduled classes. Excessive absences may affect recitals, performances, participation and/or advancement and could lead to injury for the dancers. Ovations may, at its sole discretion, require students who are excessively absent to take make up classes to accommodate for the absences in order to keep up and maintain reasonable physical condition to safely attend classes the student is regularly enrolled in. At the advanced levels, failure to attend classes may even lead to a downward adjustment in student's permitted class level. In some cases of excessive absences or behavioral problems, Ovations may require student to be dismissed from the class. In no event, however, will refunds be provided due to student absences, even in the unlikely event that excessive absences by a student have led to Ovations to dismiss a student as a result of such excessive absences.
Nutcracker and Other Performance Company Class and Attendance Requirements: For Students enrolled in Nutcracker, Musical Theater or other performance companies, there are additional class commitments required. Students in the Company 1 for Nutcracker are required to also be enrolled in at least 2, 1.5 hour ballet classes at Ovations. Students in Company 2 for Nutcracker are required to be enrolled in at least 1.5 hours of Ovations ballet classes per week. Students in the Nutcracker Jr. Company are required to be enrolled in at least 1, 1 hour class per week. Students enrolled in the Nutcracker in any Company may not miss more than 2 of his/her regularly scheduled ballet classes per session. In the event that a student misses more than 2 classes, he/she must make up these classes in accordance with Ovations make up policies. Students enrolled in the Nutcracker may not miss more than 1 run-through call and may not miss more than 1 choreography rehearsal call. Further, any student enrolled in Nutcracker may not miss any technical or dress rehearsals or performances. Rehearsal and performance schedules will be provided at the commencement of rehearsals, but will remain subject to change at any time. Students in Musical Theater/Dance 2018 Performance Company 1 must be enrolled in at least two classes for the Spring 2018 Semester and those in the Spring Performance Company Jr must be enrolled in at least one Spring Semester class.
WITHDRAWAL FROM CLASSES
If Student withdraws from the session,, performing company or performance, no refund with be granted or paid.
INCLEMENT WEATHER OR OTHER CANCELLATIONS CAUSED FOR REASONS OUT OF CONTROL OF OVATIONS
Due to different session and production times, Ovations DOES NOT follow Montgomery County's inclement weather policy. In the case of inclement weather, please check our website at www.OvationsStudios.com. A message will be posted by 8:00 a.m. for classes offered between 9:00 am and 2:00 PM, and a message will be posted by 1:00 PM for any classes that start after 2:00 PM. It may be necessary to cancel a class for an emergency or other reason, in which case Registrant will be notified by email as promptly as possible. Weather related make up classes will not be scheduled or permitted and no refunds will be provided for classes cancelled or delayed due to weather-related or other class cancellations made due to circumstances out of the control of Ovations (as determined in the sole discretion of Ovations).
SUBSTITUES AND COMBINING OF CLASSES:
From time to time, or even for extended times, specific teachers may be absent for one or more classes during each session. In the case of a teacher absence for one or more classes, Ovations will e either combine classes of similar style with differing levels or endeavor to find a suitable substitute teacher to teach these classes. This may be required for one class in any given session in the case of teacher illnesses or personal conflicts, but might continue over several weeks due to extended teacher absences due to health, maternity or other purposes. Ovations does not guarantee that teachers listed as primary teachers for any given class will be the teachers for any or all instances of such classes in any given session. From time to time classes of similar or adjacent levels may be combined to accommodate for a teacher absence. In the event that a substitute teacher cannot be organized in time for any scheduled class, the class will be cancelled and Ovations will endeavor to provide a make up session for the cancelled class. However, there are no guarantees that a make up class will be able to be organized.
HOLIDAYS AND SESSION DATES:
Summer sessions vary from week to week from June 18, 2018 - August 24, 2018. Fall 2018 Session runs 9/8/2018 - 1/20/2019. Spring Session runs from 1/21/-2019 - 6/2/2019.
There will be no make ups offered for days Ovations is closed due to holidays or inclement weather. Ovations will be closed and no classes will be held on: 10/31/2018, 11/22-25/2018, 12/21-31/2018, 1/1/2019, 2/16-18/2019, 4/16-22/2019, 5/25-27/2019. These closed days are subject to change. There are no make up classes offered during any of our performance weeks or during last two weeks of the Spring semester. Any classes missed during the last week of the Fall semester or the last two weeks of the Spring semester cannot be made up. No refunds are given for missed classes.
PROPER ATTIRE FOR CLASSES
• Ballet Early Childhood Division. Girls: Solid-color pink, white, black or purple leotard, pink or white tights, and pink ballet shoes. Coordinating, lightweight dance or ballet sweaters or skirts at the discretion of the instructor for the session or performance, as long as the skirts or sweaters do not distract the dancer, interfere with the movement of the dancer or negatively impact the ability of the teacher to check the dancer for proper positioning and alignment. Boys: white or solid color snug fitting T-shirt, black tights or snug dance pants white or black socks and white or black ballet shoes. For all dancers: Long hair should be pulled back in a bun and clipped away from face. Short hair pulled back from face.
• Ballet Academy Division. Girls: Solid-color black or purple leotard, pink or white tights, and pink ballet shoes. Coordinating, lightweight dance or ballet sweaters permitted at the discretion of the instructor for the session or performance. Long hair in bun and clipped away from face. Short hair pulled back from face. Boys: white or solid color snug fitting T-shirt, black tights or snug dance pants white or black socks and white or black ballet shoes.
• Ballet Advanced Division. Girls: Solid-color black or purple leotard, pink or white tights, and pink ballet shoes. Coordinating, dance or ballet sweaters permitted at the discretion of the instructor for the session or performance. Long hair in bun and clipped away from face. Short hair pulled back from face. Boys: white or solid color snug fitting T-shirt, black tights or snug dance pants white or black socks and white or black ballet shoes.
• Tap, Jazz, Hip Hop and Musical Theater for All Divisions. Girls: Black leggings or black dance shorts (with tights underneath) with solid color modest, form-fitting t-shirt or leotard or solid color leotard with nude, black, pink tights. Black or tan jazz shoes for Musical Theater, Jazz or Hip Hop. Sneakers used ONLY indoors can also be used for Hip Hop. Black tap shoes for Tap. Boys: Black jazz pants with tailored solid-color T-shirt. Black jazz shoes for Jazz, Hip Hop or Musical Theater. Black tap shoes for Tap. Sneakers that are ONLY used indoors can also be used for Hip Hop. For all students hair must be pulled back from face so as to not interfere with dancing.
• Lyrical or Modern classes for All Divisions. Girls: Solid Purple or Black leotard, tan tights, Lyrical/Modern shoes (for instance, "Dance Paws"). Boys: Black jazz pants with tailored solid-color T-shirt, Lyrical/Modern shoes (for instance, "Dance Paws"). All students must pull long hair back from the face.
• JEWELRY. No jewelry for any dance discipline other than small, stud styled earrings that do not interfere with dancing.
• NAMES IN ALL DANCEWEAR! Items in Lost and Found are donated to charity from time to time. OVATIONS IS NOT RESPONSIBLE FOR LOST OR STOLEN PROPERTY.