TERMS & CONDITIONS

Parents and Dancer Agreement

During the registration process, parents and dancers (ages 18 & older) must agree to the Parent/Dancer Agreement in order to insure a clear understanding of our studio policies and procedures. This agreement helps you to have a trouble-free experience while dancing at our studio.?If you do not agree enrollment will be refused.

Monthly Tuition:

• The annual registration fee of $50 per family
• Our preferred method of payment is in Full prior to September 1^st by e-transfer.
• We do offer other methods of payment with Credit Cards through our portal.
• For your convenience, we can divide your full payment into 10 payments. These payments are charged to your credit card through our Auto-pay system on your portal. Each payment is due on or before the 28th of each month, running from August 28^th to May 28^th for the September to June season. For this convenience, we may charge a financial charge to your payments
• Accounts not paid within 10 days are subject to a 10% late fee. Subsequently, there will be an additional 2% every 30days thereafter for a total of 34% per annum. Arrangements can be made for special circumstances.
• If a payment is missed, you may be required to place a 2nd form of payment on file with us, so in the event that you miss again, you will be charged.
• No statements or invoices will be mailed out
• Monthly tuition payments are non-refundable. You are not financially committed to the entire year unless you pay in full, but once the tuition is paid, it cannot be returned.
• Dancers will not be allowed to attend class if their account is delinquent for more than 30 days. 60 days will result in dismissal from the studio and your entire tuition and costume fees submitted to collections without warning,
• When you register for dance, you are agreeing to pay the entire tuition, either in 10 equal payments or in full. You are obligated to the entire tuition fee in any event, including natural disasters, pandemic, death of studio owner or instructors. There are no obligations on the part of the studio to offer discounts, refunds or alternatives in the case where these events may occur.

Payment Options:

AUTO-PAY: The studio uses an AutoPay system to collect credit card charges each month. The AutoPay system will debit your account on the 28^th of every month. This helpful system will avoid any late payments resulting in late fees or dismissal from the program.

E-TRANSFER: If previous arrangements are made, you may send your full year payment by e-transfer if a credit card is not available. E-transfer can be emailed to payments@ymmdancecompany.ca

CREDIT-CARD: Additional payments can be made through your online portal using a credit card of your choice. These are additional payments only and cannot be used to pay for tuition unless paying tuition in full. If you wish to take advantage of our 10-payment option, you must use our Auto-Pay system.

Attendance Policy:

• As with any program, steady attendance is a requirement for success. Failure to meet such requirements may lead to dismissal from the program or adjustment in level. Charges and tuition may apply.
  ? Guardians are responsible for communicating absences to the dance studio through their portal at least 24-hours in advance.
• Any student that misses 3 consecutive weeks or more may be required to forfeit their class space ? but will not be offered any discount, refunds, or credits.
• We are an elite dance studio; therefore, everyone participates in the Year-End Recital.
• More than 2 absences between January 1st through June may result in removal from the class number in the Year-End Recital.
• 1 absence between January 1^st through June without notice may result in removal from the class number in the Year-End Recital
• Never, in any case, does a missed class or removal from a number does not merit any reason for discounts, refunds or credit.
• There are no refunds or credits for canceled or missed classes. We do our best to make up classes if we have created the closure, however, in some cases that is not possible.
• If the studio was closure for reasons outside of our control, we are not obligated to have a make-up class.
• If you decide to join the studio after our start date in September, you will still be charged for the entire season. There are no discounts for missed classes or join the class late in the season.
• We do offer private lessons. If 24-hour notice is not given to change or cancel you will be charge for the session.
• If missed classes are for any reason outside the control of the studio, including but not limited to a nature disaster or pandemic, the missed classes are not subject to refunds, discounts, or credits.
• We do offer Private Lessons. All changes, rescheduling, or cancellations are subject to all the terms outlined in the Competitive Team Handbook. Please refer to the Handbook in the event you have booked Private Lessons.

Schedule Changes or Dropping Classes:

• The office must be given a 30-day notice via email prior to changing a class schedule, dropping a class, or quitting entirely.
• All fees are due up until the last day of the 30-day notice is over; which includes any and all fees or tuition charged during that 30-day period.
• If the request to drop classes is done after January 1^st of the current season you are obligated to pay for the costume fees associated with the dropped class. This is due to the costumes for the year-end recital are ordered prior to that date and are none refundable.
• No tuition can be refunded when dropping a class.
• Sometimes, due to lack of attendance or low attendance, we may have to combine or cancel classes. In these cases, we will be communicating with you via email. It is your responsibility to read and respond appropriately in a timely manner during these changes. Plus, you are fully responsible for any charges that incur due to a lack of communication for any reason.

Addressing Issues

Unfortunately, we do make mistakes. We welcome you as parents to bring those to our attention. We do ask that you use discretion as you address them with us. We ask that any conversations that are sensitive and private in nature be held while classes are not in session and are addressed to the director. If issues concern other parents or children, please do not address this issue at the studio. Please resolve the issue independently or make an appointment with the studio director to resolve the situation. Angry dialog, foul language and physical threats will not be tolerated. Parents and/or students who display this type of behavior may be asked to no longer participate in the classes at the YMM Dance Company. Please remember that these rules are for the safety and comfort of ALL families, employees, and dancers. Furthermore, if you decide to address your concerns using email, we ask that you use a courteous and friendly tone. If you use a foul or aggressive tone YMM refuses your right to a response. Furthermore, direct messages via social media with concerns may not be replied as it is not the correct communication channel. Direct messages via social media or text messages to our studio director or instructors are strictly prohibited.

Studio Rules for Parents:

• All young children must be supervised. No running, yelling or rough playing at the dance studio.
• Help keep your studio clean and tidy. Please throw away all trash.
• No gossip, obscene language, bullying or inappropriate conversations are not tolerated by either parents or dancers at any time
• Please do not let siblings; friends, etc. go in the dance room unless it is their scheduled class.
• Since we want your time spent at the studio to be as pleasant as possible, we ask that noise be kept to a minimum in the front lobby.
• Children?s chairs in the children?s corner are for children. You are responsible for all damages.
• The lobby furniture is placed to our preference, and we ask that it is not moved around the room for any reason, especially in front of the observation window
• An enjoyable environment for all parents and dancers is a top priority.
  • If at any time there is a complaint by a parent against another parent that impacts their studio enjoyment, we reserve the right to remove the parent and dancer from the studio with no refunds.
  • If any sign of a parent trying to encourage other parents to quit or leave or pressure to agree with their viewpoint, in our view this is a sign of bullying and will not be tolerated. That parent and their dancer(s) will be asked to leave the studio with no refunds.
  • We strongly express and urge that we are a nut-free environment.
• We expect all parents and students to follow this requirement carefully.

Class Observation Policy

• We want you to be involved in your child?s dance education as much as possible, and we want you to feel you are getting a good value for your money. We do have viewing windows that you may look in to observe, however, we will be closing the viewing windows at times if we feel the dancers are becoming distracted.
• If we notice that you, as parents, are not giving access to the viewing window to others on a regular basis, we will remove your viewing window privileges. Please remember that there are other parents in the room that may not feel comfortable asking you to move so they may see their child participate.
• We value our dancers experience; therefore, we reserve the right to cover our observation window for any reason and ask any one in our studio to leave if we see fit. That judgement is left up to our management and/or studio director.

Studio Closures

YMM?Dance Company follows the same basic calendar as the Public/Catholic School System.

Following is a list of days the studio will be closed during the season.

• Thanksgiving
• Halloween
• Remembrance Day
• Christmas and New Years
• Family Day
• Teachers Convention
• Spring Break (Easter)
• May long Weekend
• New Year?s Day
• Any and All School Holidays
• Any and All National/Provincial Holidays
• We may also close the studio for any reason that is out of our control and may cause harm or ruin the dance experience (ex. unsafe or unpleasant building conditions or parking lot conditions). With respect to these closures, they are out of the control of the studio and there is no obligation on the Studio to reschedule or makeup the class.
• In the unlikely event that the studio is closed due to an uncontrollable circumstance, including but not limited to a natural disaster, pandemic, or death of instructor or studio director, the Studio has no obligations to discount, credit or refund any fees or tuition of any sort.

Year-End Recital

Beginning in January, all students enrolled in class at the studio will begin working on dances for our Year-End Dance Recital. This is a very exciting time as students will learn discipline by being responsible for remembering their dances and have the opportunity to perform on stage in front of an audience. Attendance is very important during this time.

The students work very hard each season to present their final show. We ask that parents be as supportive as possible during this process. In addition to the recital itself, there will also be a two weeks of dress rehearsal before the show. We try very hard to start on time and end on time – we can only do this with your complete cooperation. Rehearsal and recital schedule will be given out several weeks before the recital ? it will be included in our Parent?s Survival Guide to Year-End Recital.

If a request to drop classes is done after January 1^st of the current season you are subject to pay for the costume fees associated with the dropped class and the Year-End Recital. This is due to the fact that the costumes for the year-end recital are ordered prior to that date and are none refundable.

Class Placement

We do our best to place students in the most appropriate class based on age and ability level. Sometimes after beginning class, it may be necessary to move a student to a different class to better meet his or her needs. We will discuss the potential move with the parents and try our best to accommodate personal schedules. We want your child to benefit from the dance education you are paying for, therefore we need to make sure they are in a class that allows them to excel.

FOR DANCERS

Promptness:

• Promptness is extremely important!
• Dancers need adequate time in order to be physically and mentally prepared for the demands of the dance class.
• It is recommended that students arrive early in order to get a drink, go to the bathroom, get warmed up and be dressed properly.
• Students who arrive more than 10 minutes late may be asked to observe the class.

IMPORTANT Dance Etiquette:

At our studios our primary goal is for your children have fun while learning dance technique and strong work ethic. We expect all dancers to show respect to themselves, each other and all instructors. You will see our instructors enforcing the following rules:
? Be prepared for class.

• Proper?dress code?is required for all dance classes.
• Hair must be pulled up.
• Use bathroom prior to class.
• Be on time.
• Do not have frequent class absences.
• No cell phones.
• No gum is allowed in class.
• Be respectful and kind to instructors, peers and staff.
• Do not talk during class unless you are asking a question.
• Practice safe behaviors for yourself and your classmates.
• Be willing to try new dance material. Put positive energy into your dance class.
• If late, ask permission to join class.
• If injured, tell instructor prior to class?work slowly & carefully or observe.
• If ill, do not come to class and submit your absence.
• If you must leave early, notify instructor prior to class.
• When leaving the studio, students must remove dance shoes and cover-up their dance clothes or change prior to leaving. Do not go outside during cooler weather without a warm-up. It is important to control the cooling process to avoid injury. In addition, please respect your art by keeping your dance attire confined to the studio.
• Everyone has the right to dance and feel comfortable at our studio. Bullying of any sort will not be tolerated and will result in your immediate removal with no credits or refunds.

We believe that good dance etiquette is of equal importance to good dance technique.

Studio Rules for Dancers:

• No running, yelling or rough playing at the dance studio.
• Help keep your studio clean and tidy. Please throw away all trash.
• No gossip, obscene language or inappropriate conversations are tolerated during class or around the studio.
• Friends and family are welcome to observe class, but must remain outside the studio.
• No gum, food, candy or drink of any kind is allowed inside the studio rooms.
• No leaning, lounging or hanging on the ballet barres.
• No leaning, lounging or hanging on the stretch ladders
• Clean up after yourself.

Costume Fees

• The annual registration fee of $50 per family
• The majority of our classes are included in the Year-End Recital and, therefore, will be subject to a costume fee of $99.
• $52.50 ($50+GST) of each costume is due at the time of registration, which is non-refundable for any reason.
• If you are still enrolled in the class on Dec 31st will be charged the remaining $51.45 (99+GST) for the costume. As per our drop policies, in order to not be enrolled in the class, you must give written notice 30 days prior to Dec 31st. Anyone who is enrolled within that 30-day period will be charged for the costume with no exceptions. For a list of classes with exam fees please visit our terms and conditions page on our website ? an up-to-date list is there.
• All of our twinkle toe and Kinder Kids programs will be subject to an attire fee at the beginning of the year. It will include the leotard and leggings for the class. The price will be determined year-to-year based on the costs from our suppliers. The fee in previous years was $60 combined. This is a required purchase and is designed as a convenience to our parents by saving time shopping for appropriate dancewear.

The classes that will have a costume fee are:

All costume fees are none refundable. This list is subject to change without notice.

Twinkle Toes and Kinder Kids Attire Fees

All of our twinkle toe and Kinder Kids programs will be subject to an attire fee at the beginning of the year. It will include the leotard and leggings for the class. The price will be determined year-to-year based on the costs from our suppliers. The fee in previous years was $60 combined. This is a required purchase and is designed as a convenience to our parents by saving time shopping for appropriate dancewear.

Exam Fees

At YMM Dance, we value the growth of our dancers. We truly want them to see their full potential and reach their goals in Dance. In order to do so, we believe our dancers need to have clear objectives to reach those goals. Finally, once they have reached their goals, they need to be rewarded. This is why we follow the Acrobatic Arts Syllabus, ADAPT Syllabus, and Society of Russian Ballet as part of our curriculum at YMM Dance. These syllabuses all have final year-end exams that are conducted by a panel of judges from outside of our studio. And it is our goal that every student that participates in our year-end exams. Each year we will calculate the exam fees based on the charges to bring in the judges up to Fort McMurray – which we have found to be the most cost-effective method.

Successful completion of the previous Level is required to advance.

These classes will have a final exam and are subject to exam fees:

All exam fees are none refundable. This list is subject to change without notice.

Liability Waiver

You agreed to this form during the registration process.

_________________________________________

By agreeing to this you are waiving important legal rights. Please read carefully. This agreement must be completed in full before you can participate in any activities with YMM Dance Company Inc.

Release of Liability, Waiver of Claims, and Indemnity Agreement

I, on behalf of myself, my heirs, next of kin, executors, administrators, representatives and assigns, hereby forever waive all claims and release, discharge and hold harmless YMM Dance Company Inc. (“YMM Dance Company” ) and their representatives and agents including, without limitation, employees, and all other entities associated or involved in the organization or staging of events or any other activities, including, but not limited to, volunteers, third party vendors, all venues in which activities or segments of activities are held, and the members, officers, directors, employees, representatives, assigns, affiliates, and agents of any of the above (collectively, the “Releases” ); for any and all losses, costs, causes of action, claims or damages, including any claim for damages for personal injury to my person or personal property damage howsoever caused, arising out of or in connection with my taking part in dance, yoga or other related activities, notwithstanding that the same may have been contributed to or occasioned by, without limitation, the negligence, breach of contract or breach of any statutory or other duty of care of YMM Dance Company, or any of the Releases.

I agree not to sue any of the persons or entities mentioned above for any of the claims or liabilities that I have waived, released or discharged herein; and I indemnify and hold harmless YMM Dance Company and the Releases from and against any and all losses, claims, suits, actions, damages or liabilities (including without limitation, legal fees and disbursements) assessed against them as a result of or in connection with my actions during, and in connection with, dance, yoga or other related activities with YMM Dance Company.

Assumption of Risk

I acknowledge that I am aware of the possible risks, dangers and hazards associated with participating in dance, yoga and other related activities, including the possible risk of severe or fatal injury and property loss. I hereby assume these risks which include, but are not limited to: the possibility of physical injury to myself and others such as muscle strain, broken bones, concussion, soft tissue damage, infectious diseases, and cardiac arrest.

I certify that I have not been advised against participating in dance, yoga or other related activities by a qualified health professional. I acknowledge that YMM Dance Company, permitting me to participate in dance, yoga and other related activities, accepts my statements on this release waiver.

Assumption of Risk – Online Classes

1. I recognize that dancing requires physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.
2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Online Dance Lessons. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the Online Dance Lessons.
3. In consideration of being permitted to participate in the Online Dance Lessons, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which might incur as a result of participating in the program.
4. In further consideration of being permitted to participate in the Online Dance Lessons, I knowingly, voluntarily and expressly waive any claim I may have against Duet Dance Studio and/or its agents for injury or damages that I may sustain as a result of participating in the program.
5. I understand that recording of the Online Dance Lessons is strictly prohibited. I agree to not reproduce, sell, share or distribute any recordings of the Online Dance Lessons.
6. I understand that music used in the videos is not property of YMM Dance Company and is for educational?purposes only. By signing up or participating in YMM Dance Company Online Dance Lessons does not grant me a license or permission to use third party copyright materials including music.
7. I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue YMM Dance Company and/or its agents for any injury caused by their negligence or other acts.

Media Release

I hereby grant full permission to YMM Dance Company to use any photographs, motion pictures, videotapes, recordings or any other record of my participating in dance, yoga or any other related activities for any purpose including, without limitation, commercial use.

The law that governs this Agreement shall be the law of Alberta, Canada.

I hereby affirm that I am eighteen (18) years of age or older, I have read this document, and I understand its contents. I acknowledge that I am signing this waiver voluntarily and that if I am under the age of eighteen (18) I require parental consent.

I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT OR BY REGISTERING ONLINE I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH I, OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNEES, MAY HAVE AGAINST THE ORGANIZERS AND RELEASES.

Client Portal Agreement

This Client Portal Agreement (“Agreement” ) is made by and between YMM Dance Company Inc. (“studio” ) and the registered user (“you”, “client” ) effective on the date the site registration is completed with the following terms and conditions:

Purpose

The Studio provides a Client Portal (secure internet site, mobile application, portal) through DanceStudio-Pro to permit easy registration, tuition payments, schedule, communication with the Client and the Studio as well as ongoing Client access to certain documents (may include confidential documents) created or maintained by the Studio. The Studio has sole discretion to decide which types of documents can be uploaded or viewed on the Client Portal.

Acceptance of Terms of Use

The Studio’s client portal is offered to you conditioned upon your acceptance of the terms, conditions, and notices contained herein. By using the portal you agree to these terms and conditions. The Studio may modify, suspend, discontinue or restrict the use of any portion of the Studio’s Client Portal, including the availability of any portion of the content at any time, without notice or liability.

Description of Service

The Studio Client Portal provides authorized clients with access to information displayed on the portal for deliveries of documents, payments, and communications for their account only. The information, documents, and communications on the portal are provided as a convenient resource to clients and may be used for informational purposes only. The information contained on this site should NOT be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisors.

The Client Portal provides the ability for two-way communication between you and the Studio and serves exclusively as a secure environment to transmit documents back and forth. Deliverables and other documents being transmitted from the studio to you will only remain available on the site for current dance season, at which time they will be automatically deleted.

Service Availability

The Studio will use its best efforts to provide 24-hour daily availability of the Client Portal. However, the Studio makes no representation or warranty that 24-hour service will be available. Client agrees and acknowledges that the Client Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures. The Studio shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Client Portal. The Studio is not responsible for any problems or technical malfunctions of any telephone or fiber network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail to be received by the Studio on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to your computer or peripherals related to downloading any materials in from the Client Portal.

User Password and Security

Using the portal and its related services requires the use of a username and password. The confidentiality of the username, password and account itself are the responsibility of the user. Any activities that occur under users’ accounts are their responsibility. You agree to notify the Studio immediately of any unauthorized use of accounts or any other breach of security. The use of another person’s username and password is expressly prohibited.

You acknowledge that the use of username and password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any changes or damage that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing the Studio in writing of any need to deactivate a username due to security concerns or otherwise.

The Studio is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use the Studio’s Client Portal using your username or password. You shall immediately notify the Studio of any unauthorized use of your username or password and any breach of confidentiality. Until the Studio receives this notification from you, you will be held liable for any harm ensuing from the use of your username on the Studio’s Client Portal.

The Studio will use its best efforts to make the Client Portal secure from unauthorized access. The Client Portal will require industry standard 128 bit encryption on all communications between your device and the Client Portal server. The Client Portal server operating system and applications software will be updated and virus-scanned regularly. However, you recognize that no completely secure system for electronic data transfer has yet been devised. THE STUDIO MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE CLIENT PORTAL AND SHALL NEVER BE LIABLE FOR ANY CLAIMED ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OR ALLEGED BREACH OF SECURITY OF THE CLIENT PORTAL.

Termination of Login Account

You agree to notify the Studio immediately when your account is to be terminated. The Studio will make every effort to terminate access immediately. However, you cannot be assured that access has been terminated until you receive confirmation of the termination from the Studio.

Accuracy of Content and Liability Disclaimer

To the maximum extent permitted by applicable law, all such information, software, documents, and communications are provided “as is” without warranty or condition of any kind. The studio and its suppliers hereby disclaim all warranties and conditions with regard to such information, software, documents, and communications, including without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the studio, or its suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with your use or the performance of the portal, with the delay or inability to use the portal or related services, whether based in contract, tort, negligence, strict liability, or otherwise, even if the studio or its suppliers has been advised of the possibility of damages. Certain states do not permit these types of limitations, so the above limitations may not apply to you.

Given the changing nature of federal and provincial laws and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in information contained in this site. As such, no information on this or related sites should be used as a substitute for consultation with professional accounting, tax, legal, or other competent advisors.

If you are dissatisfied with any portion of the portal, information, documents, or communications on the portal, or with any of these terms and conditions of use, your sole and exclusive remedy is to cease using the portal and the information, documents, or communications you obtained from the portal.

Icons, Logos, and Other Proprietary Material

The trademarks, logos, and service marks (collectively the “Trademarks” ) displayed on the portal are registered and common law trademarks of this studio. Nothing contained on the portal should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the portal without the written permission of the Studio. Your use of any of the Trademarks displayed on the portal or displayed on any content on the portal is strictly prohibited.

You should assume that everything you see or read on the portal is copyrighted and is a trade secret and may not be used except as provided in these terms and conditions of use or in the text on the portal without the written permission of the Studio or its suppliers.

Changes to Terms and Conditions of Use

The Studio reserves the right to modify the terms, conditions, and notices under which the portal is offered. Your continued use of the Studio’s Client Portal after the posting of any amended terms and conditions shall constitute your agreement to be bound by any such changes.

Confidentiality, Information Protection, and Protection of Data

Notwithstanding any existing legal or contractual obligations regarding confidentiality between you and the Studio, you undertake to treat all knowledge relating to business secrets, which come into your possession, as confidential. You shall assure that any protected data, which comes into your possession through the use of the portal, is not transmitted to any unauthorized person. In partial consideration of the opportunity to access the resources of the portal concerning your account, you agree to maintain the strict confidentiality of access of the portal and its data to you and your authorized employees and to indemnify and hold harmless the Studio and its officers, shareholders, and employees and their heirs, successors, and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs, and expenses, including without limitation, reasonable attorneys’ fees and liabilities of every kind that may arise from your or your employees’ use of the portal or because of violation of these terms and conditions of use.

No Unlawful or Prohibited Use

You are prohibited from using the portal to damage, disable, or overburden the Studio’s servers or network or impair the portal or interfere with any other party’s use of the portal. Hacking, password mining, or any other means to gain unauthorized access to the portal, portal accounts, computers, or network is prohibited. Posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law is also prohibited. The Studio will fully cooperate with any law enforcement authorities or court order requesting or directing this studio to disclose the identity of anyone posting any such information and materials. The Studio is an equal opportunity employer and values the diversity of its people.

Miscellaneous

This is the entire agreement between the Studio and you regarding its subject matter. This Agreement does not modify or affect any existing or future engagement letter or agreement between the Studio and you.

Term and Termination

This Agreement and the services contemplated by it may be terminated by either the Studio or Client with or without notice at any time. The Studio may at any time terminate in whole or in part the Studio’s Client Portal without notice or liability.

Acceptance

By completing the site registration, you hereby acknowledge that you have read the Terms and Conditions portion of this document and that you agree to these terms and conditions. This Agreement does not modify or affect any existing or future engagement letter or agreement
between you and the Studio.

AutoPay

AutoPay is a service provided by YMM Dance by which the CLIENT will have CLIENT?s outstanding invoices paid automatically per the legally binding Service Agreement between YMM Dance and the CLIENT.

Signing up and Authorizing our AutoPay service will be required and will be used to have your outstanding invoices automatically charged to credit card designated by you. Signing up and using our AutoPay system you agree to the following terms and conditions (these ?Terms and Conditions?) will apply to your use of the AutoPay service. These Terms and Conditions constitute a legally binding contract between you and anyone else you authorize to access the services as an end-user
(collectively, ?you? or the ?CLIENT?), on the one hand, and YMM DANCE COMPANY Inc., (?we?, “YMM” or ?YMM Dance?), on the other hand. Please read these Terms and Conditions carefully. By clicking ?accept? or using the AutoPay services, you accept and agree to be bound by these Terms and
Conditions. AutoPay is a service provided by YMM Dance by which the CLIENT will have CLIENT?s outstanding
invoices paid automatically per the legally binding Service Agreement between YMM Dance and the
CLIENT.

1. AUTOPAY.

You have indicated you agree to enroll in YMM’s AutoPay service to pay your outstanding
invoices automatically charged to the credit card designated by you on a recurring basis. By enrolling
and inputting your credit card information, you represent and warrant that you are the person whose
name appears on the credit card, that you are authorized to use the credit card, that you have a
sufficient unused credit limit to cover any charges that may be made using AutoPay, that the
information you provide is correct, and that you will notify us of any change in the above, and you
further make each of these representations and warranties each time you have a transaction that will
be paid through AutoPay.

2. REVOCATION

You have the right to revoke YMM’s authorization to automatically charge your
designated credit card for payments owed for services rendered at the time incurred. To cancel
automatic payments, please contact our account management department at (780)747-2018.

3. CHANGE OF CREDIT CARD

You must notify YMM Dance of any change in your credit card number or
expiration date to have your bill paid using your new card. To update your credit card, please visit your
web portal (client login). After you enter your User Name and Password, select the AUTOMATIC
PAYMENTS option. Then, type in the credit card you would like to use and click SUBMIT.

4. INVOICES/STATEMENTS.

YMM Dance will send your invoices and statements upon request.
Outstanding balances will be processed at the time charges are incurred.

5. CUSTOMER INFORMATION.

In order to ensure that we are able to provide you with important notices
and other information from time to time, you must update us with any change in your e-mail address.
To update the e-mail address on your account, please update it on your client portal or contact us at
(780)747-2018.

6. CUSTOMER AGREEMENT.

The terms and conditions of your Customer Agreement apply to the Online
Bill Payment Services (AutoPay or Regular Pay) and are incorporated by reference here. Currently YMM
Dance offers this service to you at a finance charge of 2.92%; however, we reserve the right to change
our finance fee at any time during your agreement terms with no notice. Plus, your bank may charge a
fee.

7. UNABLE TO PROCESS PAYMENT.

Should the payment be returned, YMM Dance holds the right to
charge CLIENT a 10% fee 10 days after the due date. If left unpaid, an additional fee of 2.00% is
charged every 30 days compounding every 30 days thereafter.

8. CONVENIENCE FEE.

Processing payments online and our AutoPay system are fast and easy way to pay, but it is not free. As a result, there may be an added finance charge (convenience fee) of 2.92% on all transactions. This fee is equal to the merchant fee the studio pays, so we do not make any money, however, it is subject to change without notice to match any changes from the service provider.

9. MISCELLANEOUS. These Terms and Conditions represent the entire AutoPay agreement and
understanding between the parties. This Agreement is binding upon the parties and their successors.
CLIENT may not alter, modify or amend Agreement. CLIENT has carefully read the entire Agreement and
has been given the opportunity to discuss it with CLIENT’s legal advisors, and CLIENT understands the
meaning and effect of each and every provision of this Agreement. CLIENT is duly authorized and
empowered to accept these Terms and Conditions.

Legal Waiver

By agreeing to this you are waiving important legal rights. Please read carefully. This agreement must be completed in full before you can participate in any activities with YMM Dance Company Inc.

Release of Liability, Waiver of Claims, and Indemnity Agreement

I, on behalf of myself, my heirs, next of kin, executors, administrators, representatives and assigns, hereby forever waive all claims and release, discharge and hold harmless YMM Dance Company Inc. (“YMM Dance Company” ) and their representatives and agents including, without limitation, employees, and all other entities associated or involved in the organization or staging of events or any other activities, including, but not limited to, volunteers, third party vendors, all venues in which activities or segments of activities are held, and the members, officers, directors, employees, representatives, assigns, affiliates, and agents of any of the above (collectively, the “Releases” ); for any and all losses, costs, causes of action, claims or damages, including any claim for damages for personal injury to my person or personal property damage howsoever caused, arising out of or in connection with my taking part in dance, yoga or other related activities, notwithstanding that the same may have been contributed to or occasioned by, without limitation, the negligence, breach of contract or breach of any statutory or other duty of care of YMM Dance Company, or any of the Releases.

I agree not to sue any of the persons or entities mentioned above for any of the claims or liabilities that I have waived, released or discharged herein; and I indemnify and hold harmless YMM Dance Company and the Releases from and against any and all losses, claims, suits, actions, damages or liabilities (including without limitation, legal fees and disbursements) assessed against them as a result of or in connection with my actions during, and in connection with, dance, yoga or other related activities with YMM Dance Company.

Assumption of Risk

I acknowledge that I am aware of the possible risks, dangers and hazards associated with participating in dance, yoga and other related activities, including the possible risk of severe or fatal injury and property loss. I hereby assume these risks which include, but are not limited to: the possibility of physical injury to myself and others such as muscle strain, broken bones, concussion, soft tissue damage, infectious diseases, and cardiac arrest.

I certify that I have not been advised against participating in dance, yoga or other related activities by a qualified health professional. I acknowledge that YMM Dance Company, permitting me to participate in dance, yoga and other related activities, accepts my statements on this release waiver.

Media Release

I hereby grant full permission to YMM Dance Company to use any photographs, motion pictures, videotapes, recordings or any other record of my participating in dance, yoga or any other related activities for any purpose including, without limitation, commercial use.

The law that governs this Agreement shall be the law of Alberta, Canada.

I hereby affirm that I am eighteen (18) years of age or older, I have read this document, and I understand its contents. I acknowledge that I am signing this waiver voluntarily and that if I am under the age of eighteen (18) I require parental consent.

I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT OR BY REGISTERING ONLINE I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH I, OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNEES, MAY HAVE AGAINST THE ORGANIZERS AND RELEASES.