Enrolment

1. In this document “the Dance School” shall mean Mark’s Dance School and “the member” shall mean the person named on the face hereof. 2. Membership to the club shall vest in the person whose name appears on the face hereof as member and may not be ceded, transferred or assigned to any third party whatsoever subject however to the provisions of clause 16 hereto. 3. Membership fees paid by the member to the Dance School from time to time in terms hereof shall not be refundable to the member by the Dance School, save as is expressly provided for herein. 4. Mark’s Dance School shall be entitled from time to time to make repairs, renovations and or improvements to the premises and the member shall have no claim whatsoever and howsoever arising against the dance school as a result thereof. 5. Marks’ Dance School shall be entitled to relocate at its sole and absolute discretion and the member shall have no claim of any nature whatsoever and howsoever arising against the Dance School in regard to such relocation. 6. It is expressly agreed that the Dance School shall be entitled to terminate this agreement without notice to the member. 7. Marks’ Dance School shall be entitled to deny access to the Dance School a member whose account is not paid by the first week of any calendar month. 8. Marks’ Dance School shall be entitled to charge a surcharge against the member on any and all amounts due and unpaid by the student to the Dance School in terms hereof at 20% 9. The original of this agreement in possession of Mark’s Dance School, shall be deemed to be the definitive contract between the Dance School and the member and shall take precedence in the event of any discrepancy between the original contract in possession of the Dance School and the copy in possession of the member. 10. Mark’s Dance School shall be entitled in its sole and absolute discretion to stipulate and to alter to the hours of business of the Dance School from time to time without notice to the member. 11. Mark’s Dance School shall not be liable on any basis whatsoever whether in delict or otherwise and whether as a result of any act or omission on the part of the Dance School or any of its employees, agents or subcontractors to the member or any third party claiming through the member for any loss or damage whatsoever suffered by the member at the Dance School or any related events. 12. The member warrants Mark’s Dance School that he/she is in a fit mental and physical condition and of good health and does not suffer from any medical ailments, and hereby waives any claim that he/she may have against the Dance School in regard to any injury and/or damage whether physical or mental suffered by him or her whilst utilising the facilities of Marks Dance School or as arising from the utilisation thereof and hereby indemnifies and holds harmless the Dance School against any claims which may be made by any person in regard thereto and whether such injury and/or damage is sustained due to any act or omission of the Dance School or any of its employees, agents or sub-contractors whether negligently or otherwise. 13. The member shall pay all amounts due to the Dance School in terms of this agreement from time to time irrespective of whether the member makes use of this membership and/or the Dance School as the case may be whether such failure is due to injury and /or voluntary act on the part of the member or as a result of any other cause whatsoever. 14. The member acknowledges and warrants to the Dance School the he/she was not induced to enter into this agreement by any warranty and/or representation and/or undertaking by the Dance School or any of its employees, agents or sub-contractors. 15. The member shall be entitled to the use of the Dance School, he/she shall be entitled to use all existing facilities designated specifically for the use of members that is installed or may be installed in the future by the Dance School at the sole and absolute discretion of the dance school, subject however to the other provisions of this agreement. 16. The member shall be entitled to transfer his/her membership subject however to; i. The payment of an administration fee of R100 (one hundred rand) to the Dance School by the transferer; ii. The transferee completing and signing the membership enrolment from and agrees to be bound by all the terms and conditions of the agreement then in use by the Dance School. The original membership may only be transferred once; iii. The Transferee completing the contract documents and enrolment forms required by the Dance School prior to the transfer 17. Notwithstanding any of the other terms of this agreement, the Dance School shall be entitled to terminate this agreement in it’s sole and absolute discretion at any time without in that event shall be obligated to refund to the member a pro rata portion of the membership fee referred to on the face hereof in regard to the expired portion of this agreement. 18. Should any amounts owing by the member to the Dance School not be paid within 7 (Seven) Days of such amount becoming due and payable, the Dance School, without prejudice to any other rights that it may have in law, shall be entitled to cancel the members membership of the Dance School forthwith and without notice to the member and the member hereby authorises the dance school to place the members name on a blacklist that can be published and distributed to and other dance school/organisation. 19. In the event of the Dance School having to institute any action against a member in order to enforce its rights in terms hereof, the member agrees to be liable for all costs of any nature whatsoever incurred by the Dance School on the “Attorney and own client” scale. 20. This agreement constitutes the whole agreement between the parties with regard to matters dealt with herein. No amendments, variations, additions or consensual cancellation of this agreement or any provision or terms thereof and no extension to time, waiver or relaxation of any of the provisions or terms of this agreement shall be binding unless recorded in a written document signed by the parties. Any such extension, waiver or relaxation which is so given or made shall be construed as relating strictly to the matter in respect whereof it was made or given. 21. No extension of time or waiver or relaxation of any of the provisions or terms of this agreement shall operate an estoppel against any party in respect of his rights under this agreement nor shall it operate so as to the preclude such party thereafter from exercising his rights strictly in accordance with this agreement. 22. Notwithstanding anything to the contrary herein contained, this agreement shall only become binding upon the Dance School upon signature hereof by a duly authorised representative of the Dance School. 23. Resignation from MARK’S DANCE SCHOOL must be done in written form one whole quarter in advance. Dancers are expected to complete all obligations to teams/groups for that period.