Program Participant Terms + Conditions
This is a legally binding agreement between which will limit your ability to seek legal remedy for any harm or injury you experience during the retreat. Please read the Agreement carefully. Do not sign and do not participate if you do not agree with the terms of this Agreement.
Both Student and Parent are collectively known as “Participant” or “you” in this Agreement. The Broadway Dance Collective, d/b/a The Broadway Collective, is referred to as “The Broadway Collective.”
Participant hereby agrees to the following:
Subject to terms and conditions of this Agreement and anyadditional terms and conditions (“Additional Terms”) presented to the Participant within the next 14 days, the Broadway Collective will provide performing arts training and education, to be delivered online and/or in person, as further described herein. Execution of Additional Terms, if any, are a requirement of participation in the Program, and execution of these Program Terms are required to reserve Participant’s membership in the Program.
(b) The Broadway Collective does not provide travel accommodations or housing/lodging, and, accordingly, the Program Fee (as defined in the order form) does NOT include travel costs, airfare, or housing/lodging during Participant’s participation in the Program(s). Participants and Parents are responsible for airfare and travel costs, and for securing AND paying for their own housing at any housing option of their choice.
(c) The Program will be provided to the Participant on dates to be finalized within 60 days of the execution of this Agreement.
(d) A description of the Program can be found by following the link in the Program name, located at the bottom of our homepage at: https://bwaycollective.com.
2. PAYMENT TERMS, FEE
The Program Fee is set forth on the Order Form, with the specific payment schedule selected by Participant. If indicated on the Order Form, the Program Fee may include a required deposit (the “Deposit”), followed byinstallment payments (collectively, the “Program Fee”). Installment payments will be automatically charged to the credit card provided by you at registration. Payment shall be made via credit card charge through our gateway Stripe. By signing below, Participant hereby authorizes The Broadway Collective to charge Participant’s credit or debit card the full Program Fee on the payment schedule set forth on the Order Form regardless of whether the Participant completes or attends the Program. The Program Fee is not refundable.
Late and/or missing payments: Payments more than 7 days late are subject to a late fee equal to 10 percent (10%) of the outstanding balance. The Broadway Collective reserves the right to terminate this Agreement and suspend Participant’s participation without refund if any payment is more than 30 days past due.
The term of this Agreement shall commence as of the signing of this Agreement, payment of the Deposit and shall continue through completion of the Program, unless earlier terminated by either party in accordance with paragraph 4.
(a) Participant Termination: Participant may terminate this Agreement for any reason by providing written notice to The Broadway Collective.
1. Termination of this Agreement by Participant for any reason at any time does not alleviate Participant’s obligation to pay Program Fees. Participant hereby acknowledges and understands that the Program Fee is not refundable, and Participant will NOT receive a refund of monies paid in the event of Participant’s termination of the Agreement Termination of this Agreement by Participant does not alleviate Participant of their payment obligations hereunder.
2. Participant acknowledges and understands that significant planning, preparation, reservations, hiring and a host of third-party services are secured by The Broadway Collective as a result of Participant agreeing to participate in the Program. As a result, Participant and The Broadway Collective agree that quantifying The Broadway Collective’s loss as a result of Participant cancellation is inherently difficult insofar as cancellation may impact The Broadway Collective’s obligations to pay for merchandise, tickets, venues, performers, and other costs visited upon The Broadway Collective as a result of Participant’s cancellation. Therefore, Participant understands if Participant cancels this Agreement, Participant will not receive a refund for monies paid and the monies received shall be retained by The Broadway Collective as liquidated damages. Both Participant and The Broadway Collective agree that the monies received are not a penalty, but a reasonable measure of damages, based upon the The Broadway Collective’s experience providing the Program and given the nature of the losses that may result from cancellation.
(b) The Broadway Collective may cancel this Agreement at any time for any reason by providing written notice to Participant. In the unlikely event that The Broadway Collective cancels this Agreement prior to commencement of the Program, The Broadway Collective will provide a full refund to Participant. In the event that The Broadway Collective cancels this Agreement after the Program commences, The Broadway Collective will provide a prorated refund to Participant. The Broadway Collective is not responsible for any expenses incurred by Participant related to the Program prior to cancellation by The Broadway Collective.
6. NO GUARANTEES
The Broadway Collective cannot guarantee the outcome of the Program and The Broadway Collective’s comments about the outcome are expressions of opinion only. The Broadway Collective makes no guarantees other than that the services described in Paragraph 1(a) shall be provided to Participant in accordance with this Agreement. Participant acknowledges that The Broadway Collective cannot guarantee any results for Program activities, master classes and services, as such outcomes are based on subjective factors that cannot be controlled by The Broadway Collective.
7. INHERENTLY DANGEROUS ACTIVITIES AND RISK
Participant attests that they are voluntarily participating in all the activities involved in and related to the Program. Participant acknowledges that the services provided at the Program, as well as certain optional activities offered by the venue, are inherently dangerous or carry some inherent risk, including but not limited to dance, vocal training, adventure activities, and other physical activities. These activities can be strenuous, and many occur in the natural environment among naturally occurring hazards. Participant expressly assumes the risk for any damage to self or property.
Participant represents and warrants that they have sufficient physical strength, ability, and experience to participate in the Program and the activities and services provided. Participant represents and warrants that they do not have any health problems or medical conditions that might preclude participation in the Program or the activities and services.
Participant understands that, while reasonable precautions have been taken to promote safety, not every situation can be controlled. Therefore, Participant assumes any and all of the risks of participating in the Program and agrees to indemnify, hold harmless, and promise not to sue The Broadway Collective or any party or entity conducting a specific event or activity on behalf of The Broadway Collective and release those parties from any and all liabilities or claims made as a result of Participant’s attendance and participation in the Program. Under no circumstances will The Broadway Collective be held liable for Participant’s injury, illness, death, or any loss or damage of Participant’s personal belongings resulting from Participant’s participation in the Program or during Participant’s travels to and from the Program. Should Participant require emergency medical treatment as a result of accident or illness arising during Participant’s attendance and participation in the Program, Participant consents to such treatment. Participant acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. Participant will notify The Broadway Collective verbally and in writing if at any time Participant is injured prior to, during, or after the Program in Participant’s travels or attendance, or if Participant has medical conditions about which emergency medical personnel should be informed; however, Participant understands that The Broadway Collective is not legally obligated to act on that information in any way or to provide any medical service whatsoever to Participant. Participant agrees that if Participant has any medical or psychological conditions that may hamper Participant from fully and healthfully participating in the Program, The Broadway Collective retains the right to ask that Participant not participate in portions of or the entirety of the Program.
8. ALTERATIONS TO THE SERVICE
The Broadway Collective reserves the right to make reasonable alterations to the program of the Program, including offerings, classes, events, and activities as necessary to maintain the safety of participants and the integrity of the Program experience. Participants understand that the event format, mode of delivery, venue, location, route, schedules, itineraries, amenities and mode of transport to and from any activities may be subject to alteration without prior notice due to Force Majeure Events, local circumstances or events, which may include pandemic or epidemic, sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
9. FORCE MAJEURE
The Broadway Collective is not liable for failure or delay in performance of the The Broadway Collective’s obligations under this Agreement if such failure or delay in performance is as a result of causes and/or circumstances beyond The Broadway Collective’s reasonable control and without its fault or negligence, including but not limited to accident, illness, Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disaster) or of the Public Enemy, acts of war, acts of the government in its sovereign capacity, fires, floods, epidemics or pandemics, quarantine restrictions, unusually severe weather, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, flight cancellations, or failure of electricity or telephone service (each, a “Force Majeure Event”).
Should any Force Majeure Event impede or delay travel or performance of The Broadway Collective’s obligation under this Agreement, every reasonable effort will be made by The Broadway Collective to mitigate, and perform its obligations hereunder.
Should any occurrence impede or delay Participant’s travel or performance of any of Participant’s obligation under this Agreement, Participant will still be required to satisfy its Payment obligations under this Agreement, including, but not limited to, remitting outstanding payments to The Broadway Collective and paying for any accommodations reserved and/or booked by The Broadway Collective on your behalf in anticipation of your arrival. Failure to physically show up for the Program will not alleviate Participant’s payment obligations or other obligations.
10. RELEASE OF LIABILITY
Participant hereby takes the following action for themself and their executors, administrators, heirs, next of kin, successors, and assigns:
(a) Participant waives, releases, and discharges The Broadway Collective and/or its directors, officers, employees, volunteers, sponsors, representatives, and agents, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for Participant’s death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me during the trip or during Participant’stravels to and from the Program.
(b) Participant indemnifies, holds harmless, and promises not to sue The Broadway Collective or and/or its directors, officers, employees, volunteers, sponsors, representatives, and agents, and releases the aforementioned from any and all liabilities or claims made as a result of participation in the Program, whether caused by negligence or otherwise.
11. PHOTO AND VIDEO RELEASE
By participating in Program, Participant understands that portions of the Program may be recorded in video and audio and/or captured in still and/or digital photographs by The Broadway Collective. Participant gives The Broadway Collective and its assigns the right and permission to use Participant’s name, image, voice and likeness for any purpose without further compensation, permission, or notification.
Notwithstanding paragraph 11, and except as necessary to cooperate with the legal process, including law enforcement and governmental requests; or comply with applicable laws and regulations, The Broadway Collective agrees not to disclose Participant’s confidential information. Participant agrees not to disclose the confidential or proprietary information or ideas of other participants in the Program. Participant’s breach of this paragraph, if discovered during the term of this Agreement, may result in cancellation of Participant’s participation in the Program without refund.
13. INTELLECTUAL PROPERTY
All material and information provided by The Broadway Collective as part of the Program is proprietary and comprises intellectual property owned solely by The Broadway Collective. The Broadway Collective retains all right, title, and interest in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by The Broadway Collective (“the Work”). Nothing herein grants any rights in or to the Work to the Participant, and Participant does not have permission to use, reproduce, distribute or create derivative works based on the Work.
(a) The Broadway Collective’s Warranties: The Broadway Collective represents, warrants and covenants that The Broadway Collective has full authority to enter into this Agreement and that all of the services, whether performed by The Broadway Collective or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Participant’s Warranties: Participant represents, warrants and covenants that Participant has full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Participant’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
15. EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
16. ENTIRE AGREEMENT; MODIFICATION; WAIVER
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
17. NEUTRAL CONSTRUCTION
This Agreement was prepared by The Broadway Collective and/or The Broadway Collective’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against The Broadway Collective merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
this Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Participant may not assign any of its rights under this Agreement, except to a wholly owned subsidiary entity of Participant. No such assignment by Participant to its wholly owned subsidiary shall relieve Participant of any of its obligations or duties under this Agreement.
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows:
To The Broadway Collective at: 71 Payson Avenue, Suite #1, New York, New York, 10034
To Participant at the address provided on the Order Form.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.
21. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York County, New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
22. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.