Dance Corps, LLC

1. Binding Agreement. These Terms & Conditions (the “Agreement”) become a binding Agreement between Dance Corps, LLC (“Dance Corps”) and the customer identified on the invoice (“you”) once you click to accept the Agreement. This Agreement governs the sale of all Services and Goods sold and provided to you by Dance Corps. Any different or additional terms and conditions set forth in a purchase order or similar communication received from you are not binding upon Dance Corps unless specifically agreed to in writing by an authorized officer of Dance Corps.
2. Services and Goods. Subject to the terms and conditions of this Agreement, Dance Corps agrees to provide the services, such as consulting services, coaching sessions or video subscriptions, specified on the order form, (“Services”) for the particular term specified for such Service (“Service Term”). “Goods” means any products that you have ordered, as specified on an invoice, that are shipped to you.
3. Orders. An order submitted through the Dance Corps website constitutes an offer by the you to enter into a purchase and sale contract with Dance Corps upon the terms and conditions set forth in this Agreement. Dance Corps will not be bound by any order until such time as Dance Corps receives the order and Dance Corps fills the order.
4. Rescheduling. You may reschedule a coaching session 24 hours before the scheduled time for a coaching session by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. with the requested new time. If you cannot attend a coaching session and do not reschedule 24 hours in advance then that coaching session will be deemed used. Rescheduling a coaching session does not relieve you of your obligation to pay for such session. You may not reschedule more than 3 times in a 6 month period.
5. Payment. You agree to pay the Total specified on the invoice when you click to accept this Agreement. All payments are nonrefundable. You shall provide to Dance Corps ACH information, a valid credit card number and associated information, paypal, eCheck, or other payment method acceptable to Dance Corps (“Payment Device”). You hereby authorize Dance Corps to charge to this Payment Device for the Total. You agree that any amount not paid when due will accrue interest, from the due date, at the lesser of (i) an annual rate of 18.0%, or (ii) the maximum rate permitted by law. Also, if you fail to make a payment within 30 days of the date it is due, a $20 late fee is due and payable by you for each late payment. The waiver of an interest charge, late fee or any portion thereof is not a waiver of any future interest charge or late fee. You shall be liable to Dance Corps for any and all costs and expenses incurred by Dance Corps, including without limitation attorneys’ fees and expenses, in collection of any past due amounts hereunder.
6. Right to Suspend Service. If you do not pay any amount owed under this Agreement on time to Dance Corps, then Dance Corps may suspend the provision of Services to you until the amount owed is paid in full. If Dance Corps suspends the provision of Services under this Section then you shall remain liable for the full amount owed under this Agreement. Dance Corps has no liability for any damages you experience as a result of a suspension under this Section.
7. Shipping Terms. Unless otherwise noted, all Goods are shipped f.o.b. point of shipment and, in all cases, title shall pass to you upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon you.
8. Delivery. Delivery dates given in advance of actual shipment are estimates and shall not be deemed to represent fixed or guaranteed delivery dates. Dance Corps shall not be liable for failure to deliver or for delay in delivery or performance because of: (i) circumstances beyond its reasonable control; or (ii) an act of God, act or omission of you, act of civil or military authority, governmental priority or other allocation or control, fire, strike, or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer or delay in transportation; or (iii) any other commercial impracticality. In the event of any such delay, the date of delivery or performance shall be extended for a period to the time lost by reason of delay.
9. Return of Goods. Once Goods are shipped by Dance Corps, the Goods may not be returned by you unless the Goods have not been accepted and either: (i) the Goods fail to conform to their manufacturing specifications, or (ii) Dance Corps agrees in writing to accept a return of the Goods from you upon payment to Dance Corps of reasonable and proper cancellation charges. Unless Dance Corps receives written notice of rejection from you within 10 calendar days of your receipt of Goods, you are deemed to have accepted such shipment of Goods in whole as received.
10. Term; Termination. The term begins on the date this Agreement is signed by you and continues as long as you are receiving Services (“Term”). If you are not completely satisfied with any of the Services you may provide Dance Corps written notice of the reason for your dissatisfaction and provide Dance Corps the right to correct the issue. If after 30 days of Dance Corps receiving written notice of your dissatisfaction you are not completely satisfied then you may terminate the particular Service and owe nothing more for the rest of the Service Term. Either party may terminate this Agreement at any time if the other party has materially breached this Agreement and has not cured the material breach within 30 days of receiving written notification from the non-breaching party. If the Agreement is terminated then your right to receive Services under this Agreement is also immediately terminated.
11. Survivial. Sections 12, 13, 14, 16, 17, 22, 23, 24, and 25 and survive the termination or expiration of this Agreement.
12. Confidentiality. “Confidential Information” means all information related to the Services provided under this Agreement, whether tangible, intangible, written, oral, on magnetic or other storage media, or in any other form of every nature and kind, whether disclosed prior to or after the date hereof, including, without limit, the following: training and nutrition protocols, pricing, procedures, recipes, samples, methods, all as disclosed or made available in any manner by Dance Corps. However, Confidential Information will not include information which is public knowledge, becomes public knowledge through no fault of the parties, or is received independently from a third party who had such information independently from the parties hereto, and who had the right to disclose such information.
13. Acknowledgements. You have been provided access to the Confidential Information for your personal use only. You acknowledge and agree that Confidential Information is proprietary to and a valuable trade secret of Dance Corps and that any disclosure or unauthorized use thereof will cause immediate, irreparable harm and loss to Dance Corps.
14. Non-Disclosure. You agree to (i) not disclose the Confidential Information to anyone (ii) use the Confidential Information only for personally receiving the Services, and (iii) protect and maintain the secrecy of the Confidential Information. 
15. Customer Information. As a part of receiving the Services you agree to provide Dance Corps with health information, eating habits, progress information, and pictures, and other information requested by Dance Corps (“Client Data”). Dance Corps agrees to keep Client Data according to Dance Corps’s privacy policy (https://dance-corps.com/privacy-policy) which incorporated into this Agreement by reference.
16. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Tennessee, excluding its conflicts of laws rules, regardless of where any action may be brought. Both parties agree that the sole and exclusive venue for any legal proceeding arising in connection with or related to this Agreement will be in the state or federal courts in Knoxville, Tennessee.
17. Attorneys’ Fees. The parties agree that the prevailing party in any legal proceeding related to the Services or arising under this Agreement shall be entitled to recover its costs, disbursements, and reasonable attorneys’ fees from the non-prevailing party following a final judgment.
18. No Third Party Beneficiaries. The terms and conditions of this Agreement are for the benefit of the parties and no other party.
19. Assignment. You may not assign or transfer your rights under this Agreement without Dance Corps’s written consent. Any attempt to assign this Agreement or any rights or obligations under this Agreement in violation of this Section is null and void.
20. Entire Agreement. This Agreement constitutes the final and entire agreement between the parties and supersedes any prior agreements, written or oral, between the parties. Further, no amendment, modification, or waiver of, or supplement to, this Agreement shall be effective, unless it is in writing and signed by each party.
21. No Waiver. No failure or delay by either party in exercising any right or remedy under this Agreement will waive any provision of this Agreement.
22. No Warranty. The Services and Goods are provided AS IS by Dance Corps. For Goods you may receive a warranty from the manufacturer if the manufacturer offers a warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DANCE CORPS DISCLAIMS, AND YOU EXPRESSLY WAIVE, ANY AND ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 
23. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Dance Corps be liable for any incidental, consequential, special, indirect, punitive or exemplary damages or lost profits whatsoever arising out of any problems related to the Services or Goods, even if Dance Corps has been advised of the possibility of such damages or such damages could reasonably have been foreseen by Dance Corps. The total liability of Dance Corps with respect to any and all claims, irrespective of the form of action, whether in contract, negligence, product liability, or otherwise, arising out of or incident to this Agreement, Goods or Services shall not exceed the amounts paid to Dance Corps by you under this Agreement. If Dance Corps furnished you with advice or other assistance related to any Goods or Services supplied hereunder, the furnishing of such advice or assistance will not subject Dance Corps to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
24. Disclaimer. The Services involve you participating in physical exercise. Dance Corps recommends that you consult with your physician before beginning any exercise program. When participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in the Services, you agree that you do so at your own risk, are voluntarily participating in these activities, and assume all risk of injury to yourself.
25. Release. You hereby release, hold harmless from, and agree not to sue Dance Corps, and its officers, managers, members, employees, agents, or independent contractors from any and all rights, claims, demands, actions, liabilities and causes of action, whether accrued or unaccrued, fixed or contingent, legal or equitable, on account of any injury, death, or property damage, and which in any manner relate to or arise out of the Services, whether arising out of the negligence of the Dance Corps or otherwise. You understand that the prices Dance Corps charges are based on the fact that Dance Corps is not liable for such claims. 
26. Other Conditions. Due to the many variables involved, Dance Corps can make no guarantees regarding the actual results you will obtain from the Services. Dance Corps is not providing medical advice. If you need medical advice you should seek the counsel of a doctor. Dance Corps relies upon representation made by you when tailoring the Services for your needs. You agree to provide accurate information to Dance Corps. 
27. Notices. All notices required under this Agreement will be in writing and be given by personal delivery, overnight courier service, first class mail postage prepaid, email, at the parties’ respective addresses set forth in this Agreement, or at such other address(es) as shall be specified in writing by such party to the other party in accordance with the terms and conditions of this Section. All notices shall be deemed effective upon personal delivery, upon sending of the email, or one business day following deposit with any overnight courier service, or three business days following deposit with the U.S. Postal System, first class postage attached, in accordance with this Section. Notices for you shall be sent to the address you provided in this Agreement. Notices for Dance Corps shall be sent to the address set forth for Dance Corps on the order form.