LEGAL TERMS & CONDITIONS
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Payments & Refunds:
Payments are due at the time of booking. All payments are non-refundable. Any fees paid to the
Company may only be transferred to future classes or programs in accordance with the
“Rescheduling Credit” policy below.
Rescheduling Credit:
While the Company does not offer refunds, if your family needs to cancel enrollment, advanced payments can be held and applied to a future class or intensive for up to 6 months, subject to availability. The 6-month period will begin on the day we receive your request to cancel enrollment and any credit that is not used within the 6-month period shall be forfeited.
Termination of Services:
You may terminate this Agreement at any time by providing written notice to the Company.
There shall be no refund of payments made prior to the date of cancellation. The Company may
terminate this Agreement if Client fails to pay when due any amounts required to be paid under
this Agreement, the Client acts in such a manner that, in the discretion of the Company, the
Company deems it necessary to terminate the Agreement, or the Client otherwise does not
cooperate with the Company or prevents the Company from carrying out the services to be
provided under this Agreement.
Force Majeure Event:
(a) If a Force Majeure Event occurs, the party that is prevented from performing any
one or more obligations under this agreement (the “Nonperforming Party”) will be excused from
performing those obligations, on the condition that it complies with its obligations under this
agreement.
(b) For the purposes of this agreement, “Force Majeure Event” means any event or
circumstance, regardless of whether it was foreseeable, that was not caused by either party and
that prevents a party from complying with any of its obligations under this agreement (other than
an obligation to pay money), on the condition that that party uses reasonable efforts to do so.
(c) Upon occurrence of a Force Majeure Event, the Nonperforming Party shall
promptly notify the other party of the occurrence of that Force Majeure Event, its effect on
performance, and how long that party expects it to last. Thereafter the Nonperforming Party shall
update that information as reasonably necessary and shall use reasonable efforts to limit damages
to the Performing Party and to resume its performance under this agreement.
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Governing Law:
This Agreement shall be governed and construed in accordance with the laws of the State of
Michigan, without reference to rules regarding conflicts of laws. Any dispute arising out of this
Agreement shall be submitted to a state or federal court sitting in Grand Rapids, Michigan,
which shall have the exclusive jurisdiction regarding the dispute and to which court's jurisdiction
the parties irrevocably submit.
Compliance with Laws:
Each party shall comply with all applicable laws and regulations in the course of performing
under this Agreement.
Severability:
If any court of competent jurisdiction finds any provision of this Agreement to be invalid or
unenforceable, such provision shall be interpreted to the maximum extent to which it is valid and
enforceable, all as determined by such court in such action, and the remaining provisions of this
Agreement shall, nevertheless, continue in full force and effect without being impaired or
invalidated in any way.
Amendment; Waiver:
This Agreement may be amended only by a written instrument signed by each of the parties. A
waiver of any right under any provision of this Agreement by either party shall be valid only if
such waiver is in writing and signed by the party to be charged. No waiver of any right under any
provision of this Agreement on any occasion shall be a waiver of any other right or under any
other provision or on any other occasion. No extension of time for performance of any obligation
or act shall be deemed an extension of the time for performance of any other obligation or act.
Attorney’s Fees:
In the event of any dispute between the parties concerning the terms and provisions of this
Agreement, the party prevailing in such dispute shall be entitled to collect from the other party
all costs incurred in such dispute, including reasonable attorneys’ fees.
Entire Agreement:
This Agreement constitutes the entire understanding and agreement between the parties with
respect to the subject matter of this Agreement and supersedes any and all prior or
contemporaneous oral or written communications, all of which are merged in this Agreement.
Neither party is relying on any warranties, representations, assurances, or inducements not
expressly set forth in this Agreement.
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Assignment:
Neither party may assign or otherwise transfer any of its rights, or delegate or otherwise transfer
any of its obligations, under this Agreement, in each case whether voluntarily, involuntarily, by
operation of law, or otherwise.
Further Assurances:
Each party shall, upon the reasonable request of the other party, promptly execute such
documents and take such further actions as may be necessary to give full effect to the terms of
this Agreement.
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