PRET A DANSER TERMS AND CONDITIONS

PURPOSE

1. Dance Aerobics, Melody Fit, and Kids’dance are aerobic methods composed of original choreographies created by The Dance Aerobics Company (TDAC) and distributed by Prêt à Danser (PAD).


2. PAD session materials shall only be shipped to the subscriber after PAD has received payment in full for the material.

OBLIGATIONS OF THE SUBCRIPTION PROVIDER (PAD)

3. PAD creates and sells new material on a quarterly basis. Payment of the session fee, shall entitle the subscriber to one (1) quarterly set of routine materials. In consideration of the session fee, PAD agrees to provide the subscriber with one session to include a CD, a DVD, and choreographic routines. The purchase of one session does not obligate the subscriber to further session purchases.

4. PAD further agrees to provide the subscriber with new and original musical suggestions and choreographed routines once per quarter.

5. During the term of this contract, the subscriber shall be entitled to use all the aerobic methods provided under the terms of this agreement. Furthermore, the subscriber shall have the right to use the names of the programs of The Dance Aerobics Company, Dance Aerobics, Kids’ Dance and Melody Fit.  (www.danceaerobics.com)

OBLIGATIONS OF THE SUBSCRIBER

6. The subscriber agrees that all of the rights and privileges listed in this agreement shall be limited to use directly related to and in conjunction with the personal instruction of TDAC classes. These rights shall in no way vest a proprietary or ownership interest in PAD, TDAC or any of its names, logos or methods to the subscriber. These rights and privileges shall only be used to further the best interests of PAD and to further a positive and professional image of PAD.

7. The subscriber shall not provide any of PAD materials provided under this agreement to any third parties, nor shall any of the material provided be duplicated or republished without the express written permission of PAD.

8. Any breach of the conditions listed in this agreement shall give PAD the right to terminate this agreement immediately, without reimbursement of the session fee and shall prohibit further (use of all provided material and further) purchases by the subscriber.

9. The subscriber’s right to use PAD material provided under this agreement shall be limited exclusively to the subscriber in the subscriber’s country of residence. The subscriber shall not use or allow others to use PAD material outside of the subscriber’s country of residence.

10. Due to TDAC franchise restrictions PAD materials may not be sold, distributed, or used to develop classes in the country of Switzerland.

11. This agreement shall in no way grant the subscriber exclusivity in the use or access of PAD material.

12. All costs associated with the instruction of PAD programs and routines shall be borne by and shall be the sole responsibility of the subscriber. The subscriber understands that PAD material suggests the use of copyrighted music. As such, any and all royalties which may become due in association with the use and broadcast of copyrighted music suggested in PAD routines shall be the sole responsibility of the subscriber.


13. The subscriber understands that there is a potential risk of injury associated with all physical activity. PAD assumes no responsibility for any injury or any kind either to the subscriber or any third party participant which may occur as a result of participation in or instruction of PAD routines and or programs. The subscriber hereby agrees to hold harmless PAD and/or TDAC for any and all such injuries.


14. PAD in no way guarantees or promises profitability as a result of the subscription.


15. The instruction of PAD programs is intended for certified fitness professionals. The subscriber must be certified as a fitness instructor by a recognized certifying body or organization or posses other verifiable equivalent instructor experience or education. The subscriber must indicate details of such certification prior  to purchasing and instructing PAD programs. PAD reserves the right to verify certification credentials.


16. The subscriber has read, understood and agrees to the above terms and conditions of purchase.