- SUMMER STAGE BAND
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Terms and Conditions
Use of the Facility or Services:
Security Cameras in Use: All lesson rooms have security cameras in use. Filming is for security purposes only, to protect STAGE VOLUME LLC property and staff from damages, abuse and willful misuse or misconduct. Films are only periodically and conditionally reviewed and is not available for public or client review. Footage is the sole property of STAGE VOLUME LLC.
NOTICE OF DUES RENEWAL: If you are being billed monthly, this Membership Agreement (the “Agreement”) will renew automatically on a month-to-month basis at the end of the initial term, with monthly dues to be paid in the amount equal to the dues in effect at that date. If you are on a paid-in-full membership, your renewal date to continue your membership is the date the initial term ends. STAGE VOLUME LLC may change the amount of dues on paid-in-full memberships and charges payable hereunder after the end of the initial term referred to above at its discretion.
NOTICE TO PURCHASER: (1) DO NOT AGREE TO THIS CONTRACT UNTIL YOU READ THE FOLLOWING. (2) IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS MUSIC SCHOOL, YOU MAY CANCEL THIS CONTRACT BY SUBMITTING A CANCELLATION FORM AT 2687 E HWY 287 STE B, MIDLOTHIAN, TX 76065 OR BY MAILING TO STAGE VOLUME LLC, BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT, A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: STAGE VOLUME LLC, ATTN: CANCELLATION, 2687 E HWY 287 STE B, MIDLOTHIAN, TX 76065. (3) IF THE MUSIC SCHOOL GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 20 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE MUSIC SCHOOL MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO STAGE VOLUME LLC AT THE FOLLOWING ADDRESS: STAGE VOLUME LLC, ATTN: CANCELLATION, 2687 E HWY 287 STE B, MIDLOTHIAN, TX 76065. (4) IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO STAGE VOLUME LLC STATING YOUR DESIRE TO CANCEL THIS CONTRACT. STAGE VOLUME LLC MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: STAGE VOLUME LLC, ATTN: CANCELLATION, 2687 E HWY 287 STE B, MIDLOTHIAN, TX 76065. ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
GUARANTY: Any guarantor or account holder who AGREES below (“Guarantor”) guarantees the full payment of all amounts owed to STAGE VOLUME LLC under this Agreement. This is a guaranty of payment and not collection and will be effective without notice of acceptance by the beneficiary hereof. This is a continuing guaranty. STAGE VOLUME LLC may extend the time allowed for payment, modify this Agreement and release other parties to this Agreement without affecting the obligation of Guarantor.
GENERAL: Member is choosing to join the STAGE VOLUME LLC location designated on this Agreement. STAGE VOLUME may allow Member to use other SVLLC facilities at its sole discretion. STAGE VOLUME LLC reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by STAGE VOLUME LLC and may be changed at any time in its sole discretion. STAGE VOLUME is not required to continue any particular programs, facilities, services or equipment as part of its contractual obligations and may discontinue, change or modify the same in its sole and absolute discretion. STAGE VOLUME expressly reserves the right to add, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information on this Agreement is the property of STAGE VOLUME LLC. Membership does not confer on Member any ownership interest in STAGE VOLUME or any of its property.
RULES AND REGULATIONS: Member acknowledges the existence of and the need for rules and regulations governing use of STAGE VOLUME LLC equipment and facilities and participation in programs and services (the “Rules and Regulations”). Member acknowledges Member will adhere to the Rules and Regulations and agrees to comply with the Rules and Regulations as presently in effect or as they may hereafter be modified, amended or supplemented. STAGE VOLUME LLC reserves the right to modify, amend or supplement the Rules and Regulations from time to time in its sole discretion. STAGE VOLUME LLC may cancel Member’s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by STAGE VOLUME LLC in its sole discretion, and Member will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation. POSTING OF PETITIONS, NOTICES, ETC.: The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near STAGE VOLUME LLC facilities, unless such a document is first submitted and approved by the management of STAGE VOLUME LLC. LIABILITY FOR PERSONAL PROPERTY: STAGE VOLUME LLC shall not be liable to Member or any of Member’s guests or invitees for any personal property that is damaged, lost or stolen while on or around SVLLC premises including, but not limited to, a vehicle or its contents or any property left behind. Member shall be liable to STAGE VOLUME LLC for any damage to its facilities and any equipment, furniture or fixture located thereon caused by Member or any of Member’s guests or invitees.
PAYMENT DEFAULT: If Member fails to pay any amountwhen due under this Agreement, STAGE VOLUME LLC shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to STAGE VOLUME LLC that are not received when due shall bear interest at the highest rate permitted by law. If Member fails to pay any amount to STAGE VOLUME LLC when due, Member shall pay all costs and expenses of collection incurred by STAGE VOLUME LLC, including reasonable attorney’s fees and expenses.
MISCELLANEOUS: (i) This Agreement shall be governed by the internal laws of the State of Texas without regard to principles of conflicts of laws, (ii) this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (iii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of STAGE VOLUME LLC. Consent may be withheld in SVLLC’s absolute discretion, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.
CANCELLATION: Unless otherwise specified in this Agreement, Member may cancel this Agreement after the initial term has ended (and thereby cancel the continued billing of monthly dues through EFT/CC) by providing written notice of Member’s request at least thirty (30) days prior to Member’s next billing date. If the notice is postmarked less than (30) days prior to Member’s next billing date, one more billing will occur. Member may either complete and sign a cancellation questionnaire at STAGE VOLUME LLC or send written notice to: STAGE VOLUME LLC, ATTN: CANCELLATION, 2687 E HWY 287 STE B, MIDLOTHIAN, TX 76065. Such notice shall be accompanied by a copy of any membership cards or other documents or evidence of membership previously delivered to Member. Member’s account must be current and in good standing before STAGE VOLUME LLC will process any such request to cancel. Certified mail, return receipt requested, is recommended. NO OTHER RIGHT TO CANCEL, INCLUDING FOR NON-USE OF FACILITIES: Unless otherwise specified in the Notice of Consumer Rights, this Agreement is not cancelable by Member except as expressly provided above including, without limitation, by reason of Member’s failure to utilize the facilities of STAGE VOLUME LLC. AUTHORITY TO MODIFY CONTRACT: Employees are not authorized to make any changes to this Agreement or to make any independent agreement with any member. Member likewise cannot make alterations or changes to this Membership Agreement.
WAIVER OF LIABILITY MEMBER VOLUNTARILY AGREES TO ASSUME ALL RISKS OF PERSONAL INJURY TO MEMBER, MEMBER’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVES ANY AND ALL CLAIMS OR ACTIONS THAT MEMBER MAY HAVE AGAINST STAGE VOLUME LLC, OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO MEMBER, MEMBER’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF ANY MUSICAL EQUIPMENT, MACHINES AND OR INSTRUCTIONAL SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN REHEARSAL ROOMS, OR OTHER AREAS OF ANY STAGE VOLUME LLC, (III) INJURIES ARISING FROM STAGE VOLUME LLC NEGLIGENCE, WHETHER DIRECT OR INDIRECT (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM LESSONS AT STAGE VOLUME LLC, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; AND (V) ACCIDENTAL INJURIES WITHIN ANY STAGE VOLUME LLC FACILITIES, INCLUDING LESSON ROOMS, RETAIL AREA, LOBBY OR PARKING AREA. MEMBER ALSO WAIVES ALL CLAIMS AGAINST STAGE VOLUME LLC, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS MEMBER MAY HAVE UNDER ANY OF THE STATE’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND MEMBER’S MEMBERSHIP.
ASSUMPTION OF RISK AND INDEMNIFICATION: Member acknowledges that (i) STAGE VOLUME LLC does not manufacture any of the instruments or other equipment at its facilities and (ii) STAGE VOLUME LLC does not manufacture any food or beverage products sold at its facilities; accordingly, neither STAGE VOLUME LLC nor any of its parents, subsidiaries or other affiliates nor any of their respective officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. Member shall indemnify STAGE VOLUME LLC, its parents, subsidiaries and other affiliates and each of their respective officers, directors, employees, agents, successors and assigns (an “Indemnified Party”) and save and hold each of them harmless against and pay on behalf of or reimburse any such indemnified party as and when incurred for any losses which such indemnified party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive.
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Member is entitled to a completely filled-in copy of this Agreement. By SUBMITTING below, Member acknowledges that (A) This Agreement will become legally binding upon its acceptance by STAGE VOLUME LLC, and (B) STAGE VOLUME LLC makes no representations or warranties to Member, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement constitutes the entire agreement between the Member and STAGE VOLUME LLC with respect to the subject matter hereof and supersedes any and all prior agreements, written or oral, with respect to such subject matter.