Terms and Conditions of Enrollment and Participation

Section 1: Acceptance of Terms and General Agreement

The Foundation of Partnership Between MODAZZ and Our Community

Welcome to MODAZZ Performing Arts Booster (MPAB). These Comprehensive Terms and Conditions of Enrollment and Participation constitute a binding legal agreement between the participant (referred to hereafter as “Student” or “Participant”), the student’s parent or legal guardian (referred to hereafter as “Parent” or “Guardian”), and MODAZZ Performing Arts Booster, a non-profit organization located at 11925 NE 143RD PL, KIRKLAND, WA 98034. By completing the online or physical enrollment process, remitting any tuition or fees, or attending any class, rehearsal, performance, or associated event hosted or managed by MPAB, the Parent/Guardian explicitly acknowledges, accepts, and agrees to be bound by all the provisions, policies, and regulations detailed within this document, and affirms their understanding that this agreement is fundamental to the collaborative and disciplined environment necessary for high-quality performing arts education. This agreement supersedes all prior verbal or written understandings between the parties regarding the Student’s participation in MPAB programs. The terms are designed to ensure fairness, clarity, and consistency in the management of our programs, promoting a professional and safe environment where artistic excellence can be cultivated under clear operational guidelines. Should any Parent/Guardian object to any part of these terms, they must cease participation immediately and formally notify the Program Coordinator in writing, acknowledging that continued enrollment signifies complete acceptance of every clause herein.

Section 2: Enrollment, Placement, and Program Commitment

Formalizing the Student’s Artistic Journey and Program Adherence

2.1 Enrollment Procedures and Eligibility

Formal enrollment in any MODAZZ Performing Arts Booster program, including all tiered curricula (Junior Arts Explorers, Intermediate Skill Builders, Pre-Professional Training Ensemble), masterclasses, or production rehearsals, requires the submission of a complete registration packet, payment of the non-refundable annual registration fee, and the explicit, signed acceptance of these Terms and Conditions and the accompanying Waiver of Liability. Eligibility for specific tiered programs is determined based on the Student’s age, demonstrated skill level, technical assessment outcomes (where applicable), and the recommendation of the Artistic Director or lead faculty mentor, ensuring appropriate artistic and developmental placement. MPAB reserves the right, at the sole discretion of the Artistic Director, to re-evaluate and adjust a Student’s program placement if their current level proves unsuitable for their safety, technical mastery, or the integrity of the ensemble, with all such decisions being communicated to the Parent/Guardian with detailed justification and an alternative pathway recommendation.

2.2 Duration of Commitment and Program Fees

All standard MODAZZ programs operate on an academic-year basis, running approximately nine months, typically from September through May, with specific performance rehearsals and workshops extending into the summer months. By enrolling, the Parent/Guardian commits the Student to the full duration of the specified program year, understanding that this commitment is crucial for maintaining the continuity, coherence, and professional quality of ensemble productions, where the absence of a single participant can disrupt the entire performance integrity. Tuition fees are billed either annually, semi-annually, or in monthly installments, as selected by the Parent/Guardian at the time of enrollment, and all fees, including the non-refundable registration fee, are considered debts owed to the organization upon the Student’s official enrollment acceptance. Fees cover instructional costs, administrative overhead, and standard facility usage, but may not cover costs associated with specific production elements, such as mandatory personal costumes, specialized footwear, external performance venue tickets, or travel for competitive events, which will be billed separately with prior notification and itemized detail.

2.3 Withdrawal and Refund Policy

Participation in the performing arts requires a high level of commitment, and our financial planning relies heavily on consistent enrollment; therefore, the following strict withdrawal policy applies: The annual registration fee is non-refundable under any circumstances. Voluntary Withdrawal: Should a Student voluntarily withdraw from the program before the end of the committed academic year, the Parent/Guardian must provide written notice to the Program Coordinator at least thirty (30) days in advance of the intended withdrawal date. For withdrawals occurring after the first four weeks of the program year, no refunds will be issued for any portion of the paid tuition, and the Parent/Guardian will remain financially responsible for the full amount of the current monthly installment or the next scheduled installment following the notice date, reflecting the administrative and instructional costs already incurred and the difficulty of replacing an ensemble member mid-season. Involuntary Termination: MPAB reserves the right to terminate a Student’s enrollment immediately and without refund for violations of the Student Code of Conduct (Section 3), non-payment of tuition (Section 4), or any behavior deemed detrimental to the safety or professional atmosphere of the organization, with the decision resting solely with the Artistic Director and Board of Directors.

Section 3: Student Conduct and Program Participation

Upholding Standards of Discipline, Respect, and Professionalism

3.1 Student Code of Conduct

All Students are required to adhere strictly to the MODAZZ Performing Arts Booster Student Code of Conduct, both on and off the premises, recognizing that their conduct reflects upon the entire organization and is essential for a productive learning environment. This code mandates: Respect and Courtesy: Students must demonstrate unwavering respect for all faculty, staff (including mentors like Sarah Rodriguez and Robert Lee), administrative personnel, volunteers, fellow students, and property, refraining from any form of bullying, harassment (verbal, physical, or electronic), discrimination, or disruptive behavior. Punctuality and Preparedness: Students must arrive punctually for all scheduled classes, rehearsals, and performances, ensuring they are appropriately dressed in required uniform or attire, and have prepared all necessary materials (scripts, sheet music, specific footwear), understanding that tardiness disrupts ensemble focus and instruction time. Commitment to Safety: Students must follow all safety instructions immediately and completely, including rules regarding facility use, equipment handling, and physical training protocols, prioritizing the well-being of themselves and their peers, especially concerning health-related issues reported to David Miller. Integrity and Effort: Students are expected to maintain academic honesty in all related curriculum work and demonstrate consistent, focused effort during all instruction and rehearsal periods, embracing constructive criticism and a disciplined approach to their artistic development, recognizing that mastery requires sustained commitment.

3.2 Attendance and Rehearsal Policy

Consistent attendance is non-negotiable for students participating in ensemble-based work and productions, as absence directly impacts the collaboration, timing, and preparedness of the entire cast and production team. Students are expected to attend all scheduled classes and rehearsals unless prevented by illness or a verifiable family emergency, and the Parent/Guardian must notify the Program Coordinator via phone or email (info@mpab.site) at least two (2) hours prior to the scheduled start time of the absence, providing a clear reason and expected return date, ensuring administrative continuity. Excessive Absences: More than three (3) unexcused absences, or five (5) total absences (excused or unexcused) from core technique classes or production rehearsals within a single program quarter, may result in the Student being moved to an understudy role or being removed entirely from a production at the sole discretion of the Artistic Director, as consistent presence is vital for the ensemble’s success. Performance Commitment: Once a Student is cast in a production, their commitment to the final performance schedule, including all tech rehearsals, dress rehearsals, and every show date, is mandatory and absolute, and any unexcused absence from a scheduled performance will be considered a serious breach of this agreement and may result in immediate involuntary termination from the program.

Section 4: Financial Responsibility and Tuition Obligations

Clarity on Payments, Collections, and Fee Management

4.1 Tuition Payment Schedule and Late Fees

The Parent/Guardian assumes full and unconditional financial responsibility for the entirety of the program tuition and all associated fees for the committed program year. Monthly tuition payments are due in full on the first day of each calendar month, regardless of any short-term student absence, minor schedule changes, or school holidays. Payments must be processed through the organization’s secure, third-party payment processing system, utilizing the method selected during enrollment, ensuring the security of financial data managed under the oversight of Jessica Kim and the administrative team. A late fee, as specified in the annual fee schedule provided at enrollment, will be automatically assessed to the Student’s account if the monthly tuition payment is not received in full by the fifth (5th) day of the calendar month, reflecting the administrative cost incurred by delayed processing.

4.2 Account Delinquency and Collection

Should a Student’s account become delinquent—defined as a balance past due by more than fifteen (15) calendar days—the Student will be temporarily suspended from attending all classes, rehearsals, and utilizing facility resources until the outstanding balance, including any assessed late fees, is paid in full or a formal, mutually agreed-upon payment plan is established in writing with the Program Coordinator. If the account remains delinquent for thirty (30) calendar days or more, MPAB reserves the right, after providing final written notice to the Parent/Guardian, to formally terminate the Student’s enrollment from all programs and immediately pursue collection of the entire outstanding debt for the committed program year, including all accumulated late fees and any legal costs incurred during the collection process, ensuring the financial integrity necessary to fund the operational needs of the non-profit organization.

4.3 Scholarships and Financial Aid

MODAZZ Performing Arts Booster is deeply committed to accessibility and offers limited needs-based scholarships and financial aid, managed by the Development Coordinator, Jessica Kim, to eligible families who demonstrate financial necessity, aligning with our mission to make the arts available to all. All scholarship awards are subject to the continued availability of funds, the annual review of the family’s financial need, and the Student’s strict adherence to the highest standards of conduct, attendance (Section 3.2), and artistic effort, recognizing that scholarship funds are a community investment. Should a scholarship-recipient Student violate the Code of Conduct or accumulate excessive unexcused absences, MPAB reserves the right to immediately review, reduce, or revoke the scholarship award, requiring the Parent/Guardian to assume full financial responsibility for the remaining tuition balance of the program year, reflecting the importance of accountability in utilizing donated community resources.

Section 5: Liability, Risk, and Indemnification

Acknowledging the Physicality and Inherent Risks of Performance Training

5.1 Assumption of Risk

The Parent/Guardian fully acknowledges and understands that participation in performing arts training, including dance (such as contemporary and jazz taught by Robert Lee), drama, and vocal arts, involves inherent and unavoidable risks of physical injury, including but not limited to muscular strains, sprains, fractures, concussions, and other acute or chronic physical injuries resulting from strenuous activity, complex movement sequences, falls, or unforeseen incidents occurring during class, rehearsal, or performance, even when all reasonable safety precautions are strictly followed. The Parent/Guardian voluntarily accepts and assumes all risks associated with the Student’s participation in all MPAB activities, whether those activities take place on MPAB premises (11925 NE 143RD PL, KIRKLAND, WA 98034) or at any off-site location utilized for performance or special events, understanding the physical demands required for high-level artistic training and ensuring that the Student is medically cleared and physically fit to participate without undue danger.

5.2 Waiver of Liability and Indemnification

In consideration of the Student being permitted to participate in the programs and activities of MODAZZ Performing Arts Booster, the Parent/Guardian, on behalf of themselves, the Student, their heirs, executors, and administrators, hereby waives, releases, discharges, and covenants not to sue MPAB, its Board of Directors, employees, faculty (including Ava Chen and Sarah Rodriguez), administrative staff (including David Miller and Jessica Kim), agents, volunteers, and facilities (collectively, the “Released Parties”) from any and all claims, liabilities, costs, expenses, and damages arising from or related to any injury, illness, loss, or damage to person or property suffered by the Student while participating in or traveling to or from any MPAB activity, even if such injury, loss, or damage is alleged to be caused, in whole or in part, by the negligence of the Released Parties, to the fullest extent permitted by Washington State law. The Parent/Guardian further agrees to indemnify and hold harmless the Released Parties from any loss, liability, damage, or cost, including reasonable attorneys’ fees, that they may incur due to the Student’s participation in any MPAB activity, whether caused by the negligence of the Released Parties or otherwise, ensuring the non-profit organization is protected from unforeseen litigation costs related to the inherent risks of performance training.

5.3 Emergency Medical Authorization

The Parent/Guardian authorizes MODAZZ Performing Arts Booster faculty, staff, or designated volunteers to seek, obtain, and administer first aid or emergency medical treatment for the Student in the event of any injury, illness, or medical emergency during any MPAB-related activity where the Parent/Guardian cannot be immediately contacted, utilizing the health and emergency contact information provided during enrollment to inform medical professionals. This authorization includes, but is not limited to, the administration of emergency treatment, transportation to a hospital, and necessary surgical or medical procedures as recommended by qualified medical personnel. The Parent/Guardian agrees to assume full financial responsibility for all costs associated with such emergency medical care and transportation, and hereby waives any claim against the Released Parties for any actions taken or omissions made in good faith to provide or arrange medical treatment for the Student, recognizing the immediate duty of care required in a crisis situation and the time-sensitive nature of such decisions.

Section 6: Media, Intellectual Property, and Privacy

Defining the Use of Artistic Creations and Student Likeness

6.1 Media Consent and Usage

By accepting these Terms and Conditions, and specifically through the execution of the separate Media Consent Form provided during enrollment, the Parent/Guardian grants MODAZZ Performing Arts Booster and its authorized agents a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, publish, and distribute the Student’s name, likeness, voice, biographical information, performance images (photographs and video footage), and artistic creations (such as written essays or original choreography) without further compensation. This usage is strictly limited to non-commercial, promotional, organizational, and educational purposes related to the MPAB mission, including, but not limited to, use in program booklets, press releases, scholarship announcements, marketing materials, official website content, social media channels, and fundraising solicitations, as detailed further in the Privacy Policy. The Parent/Guardian acknowledges that the Student’s participation in the performing arts naturally involves public visibility and that this media usage is essential for the non-profit’s community engagement and development efforts, understanding that the only exception to this grant is the formal, written revocation of consent submitted to the Program Coordinator (David Miller) in accordance with the procedures outlined in the comprehensive Privacy Policy.

6.2 Intellectual Property Rights

The Parent/Guardian acknowledges and agrees that all original choreography, musical arrangements, dramatic scripts, production designs, curriculum materials, teaching methodologies, trade secrets, and organizational branding (including logos and names) created, developed, or utilized by MPAB faculty (including the works of Ava Chen and Sarah Rodriguez) or by the organization for its programs, remain the exclusive intellectual property of MODAZZ Performing Arts Booster, and are protected by copyright and intellectual property laws. Students and Parents/Guardians are strictly prohibited from copying, recording, reproducing, distributing, or utilizing any of these proprietary materials for personal financial gain, use outside of the MPAB program, or for teaching purposes without the express prior written consent of the Artistic Director, ensuring the organizational investment in curriculum and artistic creation is protected. While Students are encouraged to use the foundational skills learned at MPAB to create their own original works, the organization maintains proprietary rights over all specific performance material taught during the program year.

6.3 Compliance with Privacy Policy

The Parent/Guardian acknowledges receipt and understanding of the separate, comprehensive MODAZZ Performing Arts Booster Privacy Policy, which is incorporated by reference into these Terms and Conditions. The Parent/Guardian affirms that they understand the categories of information collected, the specific purposes for which that data is used (Section 2), the controlled nature of information sharing with external vendors (Section 3), the security and retention measures employed (Section 4), and their explicit rights and choices regarding data access, correction, deletion, and media consent revocation (Section 5), particularly concerning the strict COPPA compliance protocols for minors.

Section 7: General Provisions and Governing Law

Operational Oversight and Resolution of Disputes

7.1 Governing Law and Jurisdiction

This Agreement, and all matters arising out of or relating to the Student’s participation in MODAZZ Performing Arts Booster programs, shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles. The parties agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in King County, Washington, and the Parent/Guardian hereby consents to the personal jurisdiction of such courts, ensuring a consistent legal framework for dispute resolution within the organization’s home state.

7.2 Entire Agreement and Severability

These Terms and Conditions, together with the Enrollment Form, the separate Waiver of Liability, and the Privacy Policy (all incorporated by reference), constitute the entire agreement between the Parent/Guardian and MODAZZ Performing Arts Booster concerning the subject matter herein, superseding all prior or contemporaneous communications, proposals, or agreements, whether electronic, oral, or written. If any provision of this Agreement is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remainder of the Agreement, and the remaining provisions shall continue in full force and effect, ensuring that the primary operational and safety objectives of this contract are maintained.

7.3 Modification of Terms

MODAZZ Performing Arts Booster reserves the absolute right to modify, amend, or update these Terms and Conditions, including but not limited to fee structures, curriculum details, or Code of Conduct, at any time, with all such modifications becoming effective immediately upon posting the revised terms to the official MPAB website or providing direct written notice to enrolled families via the primary contact email address on file, ensuring administrative flexibility in response to evolving organizational needs and best practices. The continued enrollment and participation of the Student in any MPAB program following the notification of any such change shall constitute the Parent/Guardian’s unconditional acceptance of the revised Terms and Conditions, reaffirming the ongoing commitment to this legal agreement and the standards of the MODAZZ community.