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Terms and Conditions

GENERAL TERMS AND CONDITIONS OF MEMBERSHIP CONTRACTS

motion*s Tanz- und Bewegungsstudio Stella Caric GmbH

§ 1 Scope

The terms and conditions apply to all courses and locations of motion*s
Dance and Movement Studio within the Federal Republic of Germany.

§ 2 Conclusion and Duration of the Contract

By signing the membership contract, the contract between Stella Caric GmbH as the operator of the motion*s Dance and Movement Studio (hereafter: motion*s) and the contracting party (hereafter: member) is concluded. In the case of minors, a legal guardian or legal representative must sign the registration form and be held as the contracting party with motion*s. The general terms and conditions also apply to the minor in this case.

The minimum contract period is four months. If a contract begins on the 15th of the month, it is then valid for four and a half months. Thereafter, the contract is automatically concluded as indefinite.

§ 3 Subject of the Contract

The member agrees to pay the course fees in full and, in return, is entitled to attend the agreed courses. Special hours for performances and shows, such as school performances, are included in the price. Workshops and private lessons are not part of the contract.

§ 4 Terms of Payment

The course fee is payable monthly in advance, before the first working day of each month.
If a contract start date on the 15th of a month is agreed, then half the monthly fee must be paid directly and, on the 1st of the month, the full monthly fee must be paid. The timeliness of the payment depends on the receipt and not on the dispatch of the money.

In case of late payment, motion*s may charge a €5 fee for each written reminder. Furthermore, if no monthly payment is received, an interest rate of 5% above the base interest rate of the respective amount shall be paid by the member in addition to the course fees. Non-use of lessons (e.g. due to holidays) or cancellation of the booked course does not release the member from payment of the entire monthly course fee. The payment of vouchers is excluded.

The current course fees are listed in the attached contract as well as here and are inclusive of taxes. Motion*s is entitled to change the price. A price change is to be made known to the member at least 3 months before it enters into force by appropriate notice in the school. If motion*s makes use of the right to increase the price, the member can terminate the contract extraordinarily within a period of up to 14 days at the end of the month in which the monthly fee as stated in the contract is payable for the last time. An increase in price is permitted once a year and up to a maximum of 5% of the premium increase.

§ 5 Missed Classes, Illness and Pregnancy

In the case of illness, the member is not entitled to a refund of the monthly fee. Missed lessons can be made up. The contract may only be paused in the case of illnesses lasting over six weeks or during pregnancy, upon presentation of a medical certificate. It may also be paused for professional or educational reasons (e.g. temporary changes in working hours) if the interruption period lasts more than two months and is confirmed in writing by the employer or academic institution, in which case the minimum contract period must be fulfilled.

§ 6 Holiday/School holidays

Motion*s is entitled to close for a maximum of 3 weeks during the calendar year, as well as on public holidays. In this time, the membership fees continue to apply and missed lessons can be made up for. There is no right to reimbursement or the option to pause the monthly contribution during this time.

§ 7 Conditions of Participation

If the member acts inappropriately (for example, by drunkenness or using inappropriate language, etc.),
motion*s may exclude him/her from any further instruction without reimbursement of the course fees. If course fees are not paid, this constitutes a breach of contract. Malicious breaches of contract will be reported.

Members can choose from all courses with the agreed duration and are not tied to a specific course. Motion*s is entitled to redefine the course offerings at any time, taking into account the interests of its members, and is not bound by specific dance styles, instructors and times.

The number of participants in a particular course is limited due to the size of the room and is at the discretion of the lecturers, choreographers or coaches. When in the classroom, the instructions of the staff must be followed.

Any missed classes due to illness or cancellation must be reported to motion*s by the last working day of the month in which this occurred, otherwise, the chance to recuperate these hours will be forfeited. The hours can be recuperated during the following month of the month in which the hours were missed. After that, the hours to be recuperated will expire.

§ 8 Termination

The member can terminate the contract with a notice period of six weeks to the end of each calendar month. The earliest possible termination date is the expiry of the minimum contract term of 4 months. Termination must be submitted in writing to motion*s. The date of the postmark or of submission at the counter of the motion*s Dance and Movement Studio is binding. You can also send your termination of the contract via mail to office (at) motionsberlin.de.

If the member fails to pay the monthly fee or a substantial part of the fee for three consecutive months or more, motion*s is entitled to extraordinary termination without notice. After the termination of the contract, any missed hours yet to be taken will expire. The consent according to § 9 remains even after the end of the contract.

§ 9 Liability

The full duration of time spent at motion*s locations or events is at the risk of the member. For personal injury or property damage that is not caused by employees of Stella Caric GmbH, any liability is excluded. Motion*s accepts no liability for any of the member’s personal belongings.

§ 10 Use of Content, Film and Photoshoots

At motion*s rooms, film and photo shoots occasionally take place. The member agrees that film and photo shoots in which the member appears may be distributed for promotional purposes by motion*s and displayed publicly on motion*s website on the internet, for social media marketing, on flyers, advertising brochures, posters and similar advertising media.
Should the member no longer agree with the use of his/her portrait and have no right of revocation or appeal, motion*s will refrain from using the corresponding images as a courtesy, except if significant costs were to be incurred from the omission of the use of the images. If a different agreement has been made on an individual basis, this shall apply. Please note we usually inform and ask members at the studio before we take their images.

§ 11 Final Provisions

For this contract and its execution, the law of the Federal Republic of Germany applies exclusively. If any provision of this agreement is or becomes invalid, the validity of the remaining provisions shall not be affected. The ineffective clause shall be deemed replaced by a provision that comes as close as possible to the economic purpose of the ineffective clause. Changes or additions to the contract must be made in writing to be effective.

This is a translation of our German Allgemeine Geschäftsbedingungen – short “AGB”. If any of the information stated here differs from the German version, the German version is always the legally binding one. This translation is merely a service to our many non-German speaking customers.

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