The accompanying dance studio application (the “Application”), these terms and conditions and the promotional terms and conditions, if any, expressly applicable to the foregoing Application (the “Promotional Terms,” and collectively with the Application and these terms and conditions, the “Agreement”) constitute the entire agreement between the dance studio identified in the application (the “Member”) and More Than Just Great Dancing LLC (“MTJGD™”) with respect to the subject matter hereof and thereof and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties and communications, both written and oral.

1. Membership Terms
   1. The Member’s membership with MTJGD™’s More Than Just Great Dancing!® Affiliated Dance Studios (the “Membership”) is subject to an initial term commencing on the date that MTJGD™ approves the Member’s Membership pursuant to Section 1(g) below and continuing until the following June 30.
   2. The Member’s membership level will be “Community” or “Executive,” as selected in the Application. MTJGD™ reserves the right to change the names of these levels.
   3. On July 1 of each year, this Agreement will automatically renew for an additional year unless the Member gives MTJGD™ written notice of its desire not to renew its membership by the preceding June 1 of such year (such notice, a “Termination Notice”). Each such renewal will be at the same membership level as the prior year unless the Member gives MTJGD™ written notice of its desire to change its membership level at least 30 days prior to the end of the then-current term. If the Member timely delivers a Termination Notice to MTJGD™, the term of

      this Agreement will expire on June 30 of the applicable year.

   4. During any term, if the Member has a “Community” membership level, it may upgrade to an “Executive” membership level at the then-current pricing for such membership level by giving MTJGD™ written notice of such upgrade. For the avoidance of doubt, if the Member has an “Executive” membership level, it may not change its membership level except as set forth in Section 1(c) above.

   5. During the term of this Agreement and subject to the terms of this Agreement, MTJGD™ grants the Member a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (i) display the “More Than Just Great Dancing!” logo on the Member’s websites, social media, print materials, signage, and physical locations, in each case, (x) solely for the purpose of identifying the Member as a member of the More Than Just Great Dancing!® Affiliated Dance Studios and (y) in compliance with applicable law and (ii) use materials made available by MTJGD™ to Member, including any materials

      made available through MTJGD™’s member resource library, subject to any terms and conditions that MTJGD™ may establish with respect to such use.

   6. MTJGD™ may from time to time offer promotional membership offers to other current and/or prospective members, which offers will not apply to the Member unless the applicable offer expressly applies to the Member’s Application.
   7. Notwithstanding anything to the contrary in the Agreement, the commencement of Member’s Membership is subject to the approval of MTJGD™ after Member’s signing and submission of the Application. MTJGD™ after Member’s signing and submission of the Application.
2. Annual Membership Fee & Membership Payments
   1. An annual membership fee of $119 will be auto-charged at a pro-rated amount with the first monthly membership payment when the member is approved and on July 1 upon any renewal of the term of this Agreement.
   2. The Member will provide valid debit card and/or credit card information to MTJGD™ and will promptly notify MTJGD™ of any changes thereto. All membership dues are collected via the debit card or credit card on file. By providing your debit card or credit card, you authorize MTJGD™ to automatically withdraw dues and fees as they come due on the applicable processing due date.
   3. MTJGD™ reserves the right to modify, increase or change membership fees and monthly dues and will provide a 30-day notice prior to a membership price change.
3. Three-Day Right of Rescission
   1. New members have three days after signing this Agreement to cancel this Agreement without penalty. If this Agreement is canceled within three days, MTJGD™ will return to the new member within thirty days all amounts, if any, paid prior to such cancellation less $100 for administrative processing. To cancel, new members must inform MTJGD™ in writing of their intent to cancel. Written intent to cancel can be delivered via email to Admin@MoreThanJustGreatDancing.com
4. Late Payment / Declined Credit Card Fees
   1. Membership fees must be paid on or before the first day of the month or on or before the applicable processing due date agreed upon by both parties. A returned check or declined credit card/debit card will result in a fee of $25. A $35 late payment fee will be due and payable for payments received 7 days or more past the due date.
   2. Members who are not current with membership fees will not be allowed to register for live events, participate in coaching calls or webinar trainings, have access to the MTJGD™ Membership dashboard, receive graphic design services, receive Preferred Vendor discounts, or participate in MTJGD™’s Facebook forum until payments are current.
   3. MTJGD™ reserves the right to terminate memberships on accounts that are more than one month in arrears
5. Membership Cancellation
   1. The Member may terminate its Membership prior to the expiration of the then-current term by written notice to MTJGD™; provided that upon such termination, the Member will pay to MTJGD™ an early termination fee (the “Early Termination Fee”) of the greater of (a) 10% of all amounts that would otherwise be due under this Agreement for the remainder of its term and (b) $500.
   2. For the avoidance of doubt, if the Member’s Membership expires or is earlier terminated, the license set forth in Section 1(f) is null and void, and the Member will immediately remove any and all of MTJGD™’s intellectual property from the Member’s websites, social media, print materials, marketing collateral, signage, and physical locations and, at MTJGD™’s option, return or destroy any materials made available by MTJGD™ to Member, which materials are in Member’s control or possession. In addition, if the Member’s Membership expires or is earlier terminated, the Member will immediately remove any and all references to MTJGD™’s More Than Just Great Dancing!® Affiliated Dance Studios and any other references to its Membership from the Member’s websites, social media, print materials, marketing collateral, signage, and physical locations. The

      Member’s monthly membership fee will continue to accrue and be charged until the Member provides MTJGD™ evidence of the Member’s full compliance with this Section 5(b).

   3. If the Member permanently ceases to operate a dance studio, the Member may terminate its Membership without any requirement to pay the Early Termination Fee by delivering 30 days prior written notice to MTJGD™ and evidence satisfactory to MTJGD™.
   4. If the Member sells its dance studio(s), the Member will cause the purchaser to assume its obligations under this Agreement.
6. Conduct
   1. MTJGD™ is committed to the health, safety, and welfare of each of its members and staff, and we will not tolerate discriminatory, unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. MTJGD™ has the right to judge behavior and respond accordingly. The right includes but is not limited to, terminating this Agreement if the Member engages in unacceptable behavior, as determined in MTJGD™’s sole and absolute discretion.
   2. Members must uphold the conduct befitting of a business professional at all times.
   3. MTJGD™ is a membership coaching organization dedicated to continuing education and mutual advancement of affiliated studios. MTJGD™ encourages a mutually supportive environment among its members. Members are expected to conduct themselves professionally and to refrain from making defamatory or untrue negative public statements about other members or their students, either verbally or in writing.
   4. MTJGD™ is committed to an environment of respect and confidentiality which allows for the open sharing of ideas, resources, challenges, and other personal matters. MTJGD™ member resources are not allowed to be shared with non-members, and posts from our private forums are not allowed to be screenshot or copied and shared outside the membership group.
   5. MTJGD™ reserves the right to terminate the membership of anyone who refuses to observe any of MTJGD™ rules or regulations. Not all rules and regulations are listed in this Agreement. MTJGD™ reserves the right to add, change, or remove rules and conditions of membership.
7. Miscellaneous
   1. To the extent permitted by applicable law, the Member (on behalf of itself, its affiliates, its equityholders, students, officers, employees, agents, and representatives) releases MTJGD™, its affiliates, and their officers, employees, agents, and representatives from any and all liability, damage, loss, cost, or expense incurred in connection with this Agreement and the services and goods provided hereunder (whether or not due to the negligence or other acts or omissions of the entities and persons so released).
   2. MTJGD™ makes no guarantees or assurances as to the success the Member may or may not have by replicating our methods. Each member’s progress and goals are highly individual and based on a unique set of circumstances including effort, team, facilities, market, economy, skill, and more. MTJGD™ makes no warranty whatsoever with respect to any goods or services provided in connection with this Agreement, including without limitation, any warranty of merchantability, warranty of fitness for a particular purpose or warranty against infringement of intellectual property rights, in each case, whether express or implied.
   3. The Member grants permission to MTJGD™ to use photographs and/or video captured at live events and training in publications, news releases, online, promotional campaigns, and other communications related to the business of MTJGD™.
   4. MTJGD™ does not provide “territories” to Members. During the term of this Agreement, MTJGD™ may provide membership, or provide other services, to other companies within Member’s vicinity.
   5. The Member will reimburse MTJGD™ for any costs and expenses, including without limitation, reasonable attorneys’ fees, incurred by MTJGD™ in connection with the collection of any amounts due under this Agreement.
   6. Sections 5(a), 5(b), and 7 will survive the expiration or earlier termination of this Agreement.
   7. The Member acknowledges and agrees that MTJGD™ does not provide legal, tax or accounting advice and that the Member has been advised by MTJGD™ to obtain independent professional legal, tax, and accounting advice as necessary, which will be procured by the Member at its own expense.
   8. Notwithstanding anything to the contrary, the Member may not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of MTJGD™. Any purported assignment or delegation in violation of this Section 7(g) is null and void. No assignment or delegation relieves the Member of any of its obligations under this Agreement.
   9. MTJGD™ reserves the right to modify and update these terms and conditions from time to time without giving prior notice. Any changes to these terms and conditions will be posted on the MTJGD website. The Member agrees to be bound to any changes to these terms and conditions after any such modification becomes effective.
   10. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party will have authority to contract for or bind the other party in any manner whatsoever.
   11. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. Any legal suit, action, or proceeding arising out of or relating to this Agreement will be instituted in the federal courts of the United States of America or the courts of the State of Delaware in each case located in Wilmington, Delaware, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
   12. Questions and comments may be directed to General Manager, Alana Hess, via email at Alana@MoreThanJustGreatDancing.com

By selecting, “I agree to the MTJGD™ Terms and Conditions” on the Application, the Member agrees to adhere to the terms, conditions, rules, and policies contained in or promulgated pursuant to this Agreement.

 

More Than Just Great Dancing!®

Copyright 2024