CONTRACTUAL OBLIGATION & LIABILITY WAIVER
FOR
ESPA RENTERS

1) Reservations and Payment. Renter agrees to reserve their time in the space using the Mind Body online scheduling system. All studio rental charges are payable in advance at the time the reservation is made via credit card or check made payable to East Side Performing Arts, LLC.

For those enrolled by the Studio Manager in the ESPA Recurring Rental Program, an invoice will be issued on the 15th of the month prior to the month containing the recurring rental. Late payments may incur a late fee. The studio is not considered reserved until payment is received and the terms in this document are accepted by the Renter. Renter agrees to pay ESPA studio rental pricing which is in effect at the time of reservation.

2) Timeliness & Courtesy to Others. After Renter’s scheduled reservation in the studio comes to an end, Renter agrees to depart the studio in a timely and respectful fashion to allow the next class, rehearsal, etc. to begin on time. Rental periods are prearranged at the time of booking. Renter’s rental time begins promptly at the designated starting time and ends promptly at the designated ending time. Rental time must include set up, break-down, and clean up. Studio must be cleaned and vacated by the end of the rental period. No prior drop-off and/or pick-up after completion of rental time of equipment, props, etc. will be allowed unless negotiated at time of rental contract signing, and additional fees may apply.

3) Cancellation Policy. Renter agrees to the ESPA cancellation policy, which is as follows:

• HOURLY RENTALS: Hourly Renters pay up front at the time of their studio reservation.

• Cancel 15 days prior to your rental, and receive a full refund;

• Cancel 4-14 days prior to your rental, and receive equal credit for your canceled time block;

• Cancel within 3 days of your rental, and forfeit payment;

• Cancel 3 times within 3 months and receive a warning. It is up to ESPA’s discretion to approve any future bookings.

• RECURRING RENTALS: Recurring Renters receive an invoice on the 15th of the month prior to the month containing their first recurring rental date. Payments for these invoices are due by the 20th of the prior month. 

• Cancel 2 months (60 days) or more prior to the start of the month containing your recurring rental, and you will not be invoiced for your canceled dates; 

• Cancel up to 2 months (59 days) prior to the start of the month containing your recurring rental, and you will still be invoiced and required to pay for your canceled dates; 

• Cancel 3 times within 1 year, and recurring rental privileges may be suspended. 

Example: I have a recurring rental, and I’d like to cancel one of my classes in December. 2 months (or 60 days) prior to December 1st is October 1st. I need to let ESPA know about my canceled December dates before October 1st. If I do this, then I will not be invoiced for my recurring December slots (which are currently held for me on the ESPA December calendar so no one else can reserve them). If I wait until after October 1st to cancel my December class(es), then I will still receive an invoice for December, and I will be responsible for paying it in full. Of course, I can find a sub or rental trade to take my spot! 

Recurring Renters are encouraged to find a sub or rental trade instead of canceling classes! In order for ESPA to best serve the dance community, our goal is to host classes at consistent weekly times. If you need help finding a sub, please reach out! Please note: New Recurring Renters receive a one month trial period before the two month cancellation policy goes into effect.

• PERFORMANCE/EVENT RENTALS: Performance/Event Renters pay a 50% deposit up front to confirm a reservation. The remaining 50% is due 30 days before the performance/event. Please email info@eastsideperformingarts.com for pricing. 

• Cancel within 48 hours after booking your reservation, and receive full refund; 

• Cancel within 30 days of your first performance/event date and forfeit 50% of your payment; 

• Cancel within 15 days of your first performance/event and forfeit 100% of your payment. 

• If the ESPA must cancel Renter’s reservation for a reason within its control, Renter will be given either rescheduling priority or a full refund.

• CANCELLATIONS BY ESPA: ESPA reserves the right to cancel a renter’s upcoming reservation and will provide all good-faith attempts to give the recurring renter at least 30 days notice.

• If ESPA must cancel Renter’s reservation for a reason within its control, Renter will be given either rescheduling priority or a full refund.

• ESPA is not liable for acts out of its control that affect the Renter’s reservation time, such as equipment failures, power outages, weather, acts of God, or emergencies. In such cases, ESPA will refund a prorated portion of Renter’s payment if rental period had already started, or rescheduling priority if rental period has not begun.

4) Studio Conduct, Policies & Rules. Renter is solely responsible for the conduct and welfare of all persons and guests accompanying Renter while on ESPA Premises.

Renter agrees to:

• Tap shoes, hard-soled shoes, high heels, and spiked street shoes are not permitted on the studio dance floor

• No fragrant food or drink is to be left in the studio

• No use of feathers, glitter, sequins, paint, fake blood, or other such substances is allowed in the studio

• The space must be left clean and in a timely fashion after Renter’s scheduled departure time

• No use of incense, candles, or other fire hazards is allowed

• No smoking whatsoever in the building or within 30ft of any entrance

• No alcoholic beverages on site

• Keep sound at reasonable level (Renter assumes legal and financial responsibility for noise violations during their rental)

• No pets allowed without prior written consent of a ESPA representative

• No hazardous, illegal, or negligent practices, activities, or substances

An ESPA representative may, at ESPA’s sole discretion, be present at all times. If an ESPA representative observes or otherwise becomes aware of any rule violation, the representative reserves the right to stop the rental reservation and may require Renter and Renter’s party to leave immediately. In such cases no refund will be given for unused time. However, ESPA and its representatives assume no responsibility to act in such cases.

5) Age of Students. Renter is solely responsible for verifying the ages of all students and guests accompanying them during their rental period. ESPA has no responsibility to determine or verify the age of participants in the Renter’s activities but reserves the right to demand proof of parental consent if students are under the age of 18 and to end those activities if ESPA becomes aware that legal age violations are occurring. ESPA is not liable in the case of an invalid ID or any other form of age verification.

6) Unaccompanied Minors. ESPA has a strict policy on unaccompanied minors. Children are not, under any circumstance, permitted to roam the space without adult supervision. If children are uncomfortable being quiet and courteous during their time at ESPA, an ESPA team member may ask the parent and their children to leave the premises. Renters may at their discretion allow parents and children into the studio or not during their classes/rehearsals/events; however, ESPA maintains this policy at all times in all studios and in all common areas. ESPA assumes no liability for any children in the space.

7) Property & Equipment Usage. ESPA agrees to provide equipment in good working order but makes no special guarantees as to said equipment’s functionality or suitability to Renter’s purposes. ESPA will assume no liability for any equipment brought in or left by the Renter. All items brought to the studio by Renter are to be removed by Renter. Items left after 7 days will be assumed abandoned and may be discarded or kept by the ESPA, with no compensation due the renter, at the discretion of the ESPA.

8) Damage & Cleaning. Renter agrees to be responsible for returning all property and equipment used during Renter’s rental period to its previous (or better) state. Renter agrees that any damage that they have caused to the property and equipment on site at the studio (outside normal wear and tear) is their responsibility and that they are personally liable for its repair or replacement. This includes but is not limited to: use of the grand piano, overhead stage lighting, Marley dance floor, mirrors, audio equipment, chairs, tables, and more. Renter agrees to pay for any repair costs for damage to or loss of equipment or studio caused by Renter or anyone in Renter's party within 7 days from the end of the rental period. Renter agrees to pay for damage to the studio including spills, excessive wear, marks or stains on furniture, fixtures, or painted surfaces. Renter agrees to leave the studio in the condition it was found, or a $100 cleaning fee will be assessed.

9) Security. Renter assumes responsibility for the security of the space during and at the end of each rental period. Renter agrees to lock and secure the studio using the protocols outlined in the orientation link provided when booking.

10) Risk. Use of ESPA's studio and equipment is at Renter’s own risk. Renter hereby waives rights to seek legal redress for mishaps, accidents, any direct, indirect, incidental or consequential damage, injury or loss to Renter, their party or their possessions. Renters are solely responsible for any legal infractions Renter or members of Renter’s party make during the conduct of the rental period.

I understand and agree that in participating in any dance class, workshop, rehearsal or performance, there is a possibility of physical injury or death. I voluntarily agree, therefore, to assume all risks and responsibility for any such injury or accident, which might occur to me or my child during any of East Side Performing Arts classes, rehearsals, performances, or activities. I also exempt, release, and indemnify East Side Performing Arts, its owners, agents, volunteers, assistants, employees, guest artists, faculty members, and/or students from any and all liability claims, demands, or causes of action whatsoever from any damage, loss, injury, or death to me, my children, or property which may arise out of or in connection with participation in any classes or activities conducted by East Side Performing Arts. I further hereby voluntarily agree to waive my rights and that of my heirs and assigns to hold East Side Performing Arts, its owners, agents, volunteers, assistants, employees, guest artists, faculty members, and/or students liable for such damage, loss, injury, or death. I understand that I should be aware of my physical limitations and agree not to exceed them. If I am signing this waiver for my children, I certify that I am the parent or legal guardian and have the right to waive these rights. Permission is granted East Side Performing Arts to use photographs of students for publicity purposes.

11) Liability. Renter agrees to hold harmless East Side Performing Arts, LLC and 3423 Holdings, LLC, their owners, agents, representatives, and contractors acting on its behalf for any loss, accident, or injury to Renter’s self or anyone who accompanies Renter while on ESPA premises. Renter agrees to be solely responsible for the conduct and welfare of all persons accompanying Renter while on ESPA premises.

12) Indemnification. Renter agrees to indemnify and hold harmless East Side Performing Arts, LLC and 3423 Holdings, LLC, their owners, agents, representatives, and contractors acting on its behalf from any action, legal or otherwise, that results from Renter’s conduct. Renter holds harmless and indemnifies Companies and their owners, agents, representatives, associates, officers, employees, guests, and tenants against any suit, claim, loss, accident, judgment, fine, injury or damages, including reasonable attorney’s fees. This indemnification shall continue in full force and effect during and after the term of the rental for such causes arising during the term of the rental.

13) Media Release. Renter agrees to grant East Side Performing Arts, LLC the rights to share media interviews, photos, and videos that feature Renter for the purpose of promoting the studio.

14) Mutual Consent. This Agreement incorporates the entire understanding and agreement between the Renter and the ESPA. Any modifications of this Agreement must be in writing and signed by both parties. The laws of the State of Texas shall govern this Agreement. The parties have read this entire Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. The person signing as Renter below shall be fully responsible for ensuring that payment is made pursuant to the terms of this Agreement.