SINGLE SESSION STUDENT AGREEMENT
This Agreement ("Agreement"), is entered into on this date, by and between SEED Studio, of 2130 20th Street, Sacramento, California 95818 ("SEED") and yourself ("Student") of (Student Address).
The parties hereto, intending to be legally bound, and in consideration of the mutual covenants hereinafter contained, agree as follows:
GRANT SEED, on the dates and times set forth herein, and subject to the terms and conditions of this Agreement, hereby grants to Student a license to use SEED Studio ("Facility") for the 4 week Class ("Class") to begin on the first day of Class in the 4 week session which the Class is taken. This agreement shall be on a month to month basis with a contract end date of the last day of Class in the session in which the Class is taken.
DATE/TIMES OF PERMITTED USE
Access to the Facility for the Class will commence on the first day of the Class in the session in which the Class shall take place.
CLASS FEE
Student shall pay to SEED as a Class fee for the use by Student of the Facility, represented as the session tuition. The Class Fee must be paid in full at least 24 hours before the class shall take place.
INDEMNIFICATION
Student shall indemnify, defend and save harmless SEED, its officers, agents and employees from and against any and all loss, cost (including attorneys' fees), damage, expense and liability (including statutory liability and liability under workers' compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings, arising out of any act or neglect by Student, its agents, employees, contractors, Lessees, invitees, representatives, in, on or about the Facility. This indemnity shall survive the termination of this Agreement. Student hereby releases SEED from any and all liability or responsibility to Student or anyone claiming through or under Student by way of subrogation or otherwise for any loss or damage to equipment or property of Student covered by any insurance then in force.
"AS-IS" CONDITION
Student agrees to accept the Facility in its "as-is" condition "with all faults".
TERMINATION
SEED may terminate this Agreement based upon any one or more of the following events:
A. Failure of Student to pay the Class Fee or any other charges due hereunder when the same is due;
B. Student fails to perform any of its covenants hereunder. In any of the aforesaid events, and in addition to any and all rights and remedies available to SEED by law or in equity, SEED may, with or without further notice, forthwith terminate this Agreement and expel and remove Student, or any other person or persons in occupancy from the Facility, together with their goods and chattels, using such force as may be necessary in the judgment of SEED or its agents in so doing, without evidence of notice or resort to legal process or becoming liable for any loss of damage which may be occasioned thereby, and repossess and enjoy said Facility, and in addition to any other remedy it may have, SEED may recover from Student all damages it may incur by reason of such breach by Student.
INTERFERENCE
Student shall use the Facility in a manner which shall not cause interference with the use or occupancy of the other portions of the Building by SEED or others in any way. Student’s use hereunder will be done in such a manner so as not to interfere with or impose any additional expense upon SEED in maintaining the Building. Students will be informed of any events/classes/workshops or unforeseen circumstances that will cause the facility to be closed to normal Membership/Class activities.
RESTORATION
If any damage occurs to the Facility, or if any repairs or replacements need to be made to the Facility as a result of Student’s exercise of its rights under this License, Student shall pay SEED for any such damage, repairs, or replacements upon demand by SEED.
RESCHEDULING
SEED allows for 1 reschedule per booking. Student may request a reschedule at any time up to 3 days prior to the class by providing written notice of such request to SEED, at no cost to Student. Reschedules cannot be accommodated less than three days prior to the first day of class.
CANCELLATIONS
Student may cancel this Agreement at any time up to 7 prior to the Class by providing written notice of such election to SEED, and Student shall receive a full refund less a $25 processing fee. If Student shall elect to cancel this agreement between 7 and 3 days prior to the start of the Class, Student will be charged 50% of the Class Fee and any expenses incurred in good faith by SEED in preparation for Student’s use of the Facility. For cancellations within 48 hours of the Class, Students will be charged 100% of the Class Fee and any expenses incurred by SEED.
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LATE ARRIVAL
Students arriving more than 20 minutes late to class will not be permitted to join the class. Rescheduling is dependent on availability and will be at the cost of the student. Additional fees may apply.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction
within the State of California.
SIGNATORIES
The parties hereto have executed this Agreement as of the day and year written below.
GENERAL RELEASE OF LIABILITY
I, (Name of Releasor), of (Address of Releasor)
(Hereinafter the “Releasor”) have agreed to this General Release of Liability ("Agreement") for no payment or consideration.
THEREFORE under the terms of this Agreement and sufficiency of which is hereby acknowledged, do hereby release and forever discharge SEED Studio, of 1017 25th Street, Sacramento, California, 95816 (Hereinafter the “Releasee”) including their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following: (Name of Releasor) releases SEED Studio from liability while participating in any SEED Studio class, workshop, or other event.
It is understood and agreed that this Agreement is made and received in full and complete settlement and satisfaction the causes of action, claims, and demands mentioned herein; that this Release contains the entire Agreement between the parties; and that the terms of this Agreement
are contractual and not merely a recital.
Furthermore, this Release shall be binding upon the undersigned, and his respective heirs, executors, administrators, personal representatives, successors, and assigns. This Release shall be subject to and governed by the laws located in theState of the Releasee.
This Release has been read and fully understood by the undersigned and has been explained to me.
PHOTO RELEASE
I, (the “Releasor”) grant permission and consent to SEED Studio (the “Releasee”) for the use of the following photograph(s) as identified below for presentation under any legal condition, including but not limited to: publicity, copyright purposes, illustration, advertising, and web content:
Description
Photos taken during classes, workshops, or events by SEED Studio Payment
I understand that there shall be no payment for this release.
Royalties
I understand that no royalty, fee, or other compensation shall become payable to me by reason of such use.
Revocation
I understand that with my authorization below the photograph(s) may never be revoked. We, the Releasor and Releasee, understand and agree to the aforementioned terms and conditions.