This Enrollment and Payment Agreement ("Agreement") is being entered into by and between the Roswell Dance Theatre ("RDT") and the "Dancer," or if Dancer is younger than 18 years of age, by the Dancer's Legal Guardian (the "Guardian"). In each case as applicable, Dancer (if 18 or over) or Guardian are sometimes referred to as the "Client."
For and in consideration of the Dancer’s acceptance into RDT and participation in the 2024-2025 dance season, and for other good and valuable consideration, the receipt and adequacy of which is hereby mutually acknowledged, RDT and the Client hereby agree as follows:
1. Enrollment: It is understood and agreed that enrollment in any class or company at RDT is an enrollment for the duration of the applicable season (as further detailed on the attached tuition and fee schedule (the “Fee Schedule”), subject to any rights reserved by RDT to terminate a dancer’s enrollment. As such, by accepting a class or company placement (either as or on behalf of a Dancer), Client accepts and acknowledges a commitment to pay all fees in full for the duration of that class or company placement. This payment obligation becomes binding upon Client’s execution of this Agreement and remains effective even if the Dancer quits or is requested to leave the company or class before the applicable program term ends.
2. Payment Terms: Client hereby agrees to pay to RDT the total annual cost for the Dancer’s applicable class enrollment. Fees are due and payable in advance upon enrollment and are nonrefundable. As a courtesy, and without waiving or affecting any of its rights or remedies reserved hereunder, RDT may allow Client to make monthly payments of enrollment fees (subject to credit approval and any other factors RDT reasonably considers relevant). This monthly payment courtesy may be extended, and remains revocable, solely at RDT’s discretion.
RDT may allow Client to make monthly payments in order to fulfill its financial obligation for the 2024-2025 season, per the terms of the attached payment schedule. RDT may revoke any such allowance at any time upon notice to Client at RDT’s sole discretion.
3. Default and Termination: Client shall be considered to be in default under the terms of this Agreement in the event the Client fails to make any payment as and when due hereunder. RDT may charge interest on all unpaid and overdue amounts at the lesser of (i) one percent (1%) per month, or (ii) the highest rate permitted by applicable law. If Client defaults hereunder, RDT may immediately terminate the Dancer’s participation in its program until such time as all late payments, together with any accrued interest, are received and cleared by RDT’s financial institution. RDT may also, at its sole discretion, refuse to allow the dancer to register for another season, and/or pursue any other remedies available to it at law or in equity. The Client further agrees to reimburse RDT for any and all expenses, costs, losses or damages incurred by RDT in enforcing the terms of this Agreement, including, without limitation, court costs and reasonable attorneys’ fees.
4. No Refunds: As a material consideration for RDT entering into this Agreement, Client represents and warrants that Client is financially solvent and has the financial ability to perform its obligations in a timely manner hereunder. Client hereby acknowledges that RDT will not pro-rate its fees, nor will any refunds be provided by RDT for any reason, including but not limited to withdrawal from the dance company, missed rehearsals/classes or injuries. Client further acknowledges that by signing this agreement, Client will be held responsible for all fees and expenses set forth herein even if the Dancer should choose not to participate in the RDT program. In the event the Dancer withdraws from RDT for any reason before all fees incurred hereunder are fully paid, Client agrees to pay the remaining balance within fifteen (15) days from the Dancer’s last day of participation.
5. No Waiver: Notwithstanding anything to the contrary contained herein, RDT may accept late payments, partial payments or delay enforcing any of its rights or remedies under this Agreement without prejudice to or the loss or limitation of any of its rights hereunder. RDT’s course of dealing with Client or any other client, or failure or delay in exercising any right or remedy under this Agreement shall not operate as a waiver of any such right or remedy, and its single or partial exercise of any right or remedy shall not preclude other or further exercise of that right or remedy or any other right or remedy available to it at law or in equity. RDT hereby reserves, to the fullest extent permitted by applicable law, all rights, and remedies available to it at law or in equity.
6. Miscellaneous: This Agreement shall be construed, interpreted, and enforced according to the laws of the State of Georgia, without regard to its choice of law rules. Venue for any action brought under this Agreement shall be in the appropriate court of competent jurisdiction (state or federal) located in Fulton County, Georgia, and each party hereto irrevocably submits and consents to the jurisdiction of such court(s). Client shall not raise, and hereby waives, any and all objection to venue in such courts that Client may have by reason of forum non conveniens or other objection. Whenever possible, each provision of this Agreement shall be interpreted in a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited by or invalid under applicable law, that provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of that provision or the remaining provisions of this Agreement. Client may not assign its rights or obligations under this Agreement without the prior written consent of RDT. To the maximum extent permitted by applicable law, RDT has no duty to mitigate damages under this Agreement. This Agreement may not be amended or altered orally, but only in writing signed by the party against whom enforcement of any provision is sought. This Agreement shall not be construed against either party as the drafter hereof, it being understood and agreed that this Agreement is a negotiated instrument, and each party to this Agreement has had full and adequate opportunity to review and discuss it with counsel of such party’s choice. The headings appearing at the beginning of the sections contained in this Agreement have been inserted for identification and reference purposes only and are not to be used in the construction and interpretation of this Agreement. This Agreement may be electronically signed and submitted by either party, and each party acknowledges and agrees to be bound by such electronic transmission (whether internet, email, facsimile or other) as if it was manually executed. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument. Client’s payment obligations hereunder, and RDT’s rights and remedies hereunder, shall expressly survive any expiration or termination of this Agreement.
7. Signature and Acceptance: Client’s signature below signifies that (i) Client is at least 18 years old and intends to be bound by this Agreement; and (ii) Client has full capacity and authority to enter into this Agreement, as either the Dancer or the Guardian, and voluntarily undertakes the obligations contained herein.