GENERAL TERMS AND CONDITIONS

Preliminary Article: Definitions

Emma Meets Piano®: brand of Swang By Makiz, a simplified joint stock company, registered with the R.C.S. Creteil under number 912 360 302, represented by its Chairman.
Member/subscriber: any individual or legal entity who has subscribed to a Subscription or purchased a Ticket or Pack sold by Emma Meets Piano®. By paying the admission fee, the member accepts all the General Terms and Conditions.
Studio: space(s) dedicated to the dance activity.
General Sales Conditions: the present provisions governing the contractual relationship between Emma Meets Piano® and members.
Subscription: contract signed by a Subscriber giving him/her access to the services offered by Emma Meets Piano® at preferential rates in return for payment of a monthly fee indicated in the special conditions.
Activities: activities offered by Emma Meets Piano®, such as a dance session led by a teacher.

Article 1 - Purpose

The General Terms and Conditions of Sale constitute the sole and exclusive framework of the legal relationship between the member and Emma Meets Piano®, to the exclusion of any other document or advertising brochure.

The General Sales Conditions are applicable to all customers.

Article 2 - Registration and access conditions

Anyone wishing to take part in a lesson must first :

(I) Buying a ticket

Purchase a single ticket (hereinafter referred to as a "Ticket");
Or purchase several tickets for a fixed price (hereafter: "Forfait" or "Pack");
Or take out a subscription (hereafter: "Subscription").

Once in possession of the Ticket, Subscription or Pack, the subscriber will be considered a member of Emma Meets Piano®, for the duration of the validity of the title purchased.
The purchase of a Ticket, Pack or Subscription implies ipso facto acceptance by the purchaser of all the stipulations of the General Terms and Conditions of Sale.

(II) Session registration

In order to take part in a session at Emma Meets Piano®, members holding a valid Ticket, Pack or Subscription must first register online on the Emma Meets Piano® website. Members must pay for their Ticket, Pack or Subscription before they can register.
To take out a Subscription, the member does not have to pay any additional fees, he/she agrees to give Emma Meets Piano® his/her bank details and will be debited automatically once a month until the subscription is cancelled.

Article 3 - Applicable General Terms and Conditions of Sale

The General Terms and Conditions of Sale may be updated or modified without prior notice. The General Sales Conditions applicable are those in force at the time the contract is concluded, i.e. on the day the member acquires the Tickets, Packs or Subscriptions. On the other hand, the internal regulations applicable are those in force on the day the member visits the studio in which the dance class takes place. By signing up for a class, the member agrees to abide by the rules and regulations in force on the day the class is given, and in particular the start and end times of the session.

Article 4 - Services, duration, postponement, termination

4.1 Terms and conditions

The Ticket, Subscription or Pack subscribed to gives access to the sessions offered by the studio. This right is non-transferable.
Online purchases of these services may benefit from a right of withdrawal as provided for by the Hamon law.
For all online purchases, a receipt is automatically issued by e-mail.
Any cancellation or modification of a session must be made at least 48 hours before the start of the session booked, otherwise the member will be charged for the session booked.
The price of a Ticket, Subscription or Pack is shown on the online site. Subscriptions are payable monthly by direct debit.

4.2 Duration 4.2.1 Duration and cancellation of sessions

Single Tickets and Packs are valid until June 30th of the current school year.
Subscriptions are tacitly renewed until June 30th for successive periods of one full month, and can be cancelled at any time by emailing Emma Meets Piano®.
This monthly subscription entitles the member to up to 5 dance classes per month.

4.2.2 Duration and postponement

Failure to use sessions during the period of validity of the pass will not give rise to reimbursement of sessions not used by the member.

4.3 Non-payment of monthly fees by the member

In the event of non-payment of the sums owed by the member to Emma Meets Piano®, Emma Meets Piano® reserves the right to suspend access to the lessons and services provided under the Subscription and to register the subscriber on its "payment incident" contentious collection file, in strict compliance with the provisions of French law no. 78-17 of January 6, 1978 on data processing, data files and individual liberties, such registration preventing the Subscriber from benefiting from any advantages, products and/or services that Emma Meets Piano®, its affiliates or partners may have reserved for him/her.

4.4 Conditions for cancellation of the Subscription by the member

4.4.1 The Subscriber may terminate the Subscription without cause at any time by simple request, effective from the beginning of the following month.

Article 5 - Rates and payment

The current rates are displayed on the Emma Meets Piano® website. Emma Meets Piano® is free to modify its rates. The rates applicable to Subscriptions or Packs are those in force on the day the Subscription is taken out or the Ticket or Pack is purchased. Payment is made by credit card only.

Article 6 - Internal rules

In the studio, it is forbidden to disturb members by violent behavior or behavior likely to offend decency, good morals, the tranquility of members or the good order and cleanliness of the studio.

Members must comply with these rules and regulations, adhere to them without restriction or reservation, and respect the following instructions.

The following are not allowed in the studio

Minors not accompanied by an adult;
Anyone making sexist, racist or religious remarks;
People who are ill, injured, with wounds, dressings or skin infections;
Animals, even if on a leash;
People whose state of health prevents them from taking part in sporting activities are not allowed in the hall.
People with a weak heart are not allowed in the gym.

It is forbidden to:

Staying outside opening hours;
Enter the studio without a valid subscription, Pack or Ticket, or take part in a session without being registered.
Bring food, alcoholic beverages or glass bottles into the studio;
Enter the studio without the teacher's permission;
Eating outside the designated lounge;
Chewing gum in the studio;
Annoy members by violent or inappropriate behavior;
Running in the studio;
Use transistors or any other sound-emitting or amplifying equipment.

Safety:

In the event of an incident or accident, members must immediately notify, in order of priority, the instructor, the studio reception desk, and the fire department or ambulance.
Members are required to comply with the teacher's instructions and orders.
In the case of an individual whose behavior presents a danger to members, studio staff or himself/herself, Emma Meets Piano® may call in the police.

Undressing, dressing and storage of clothing:

Members may undress and dress in the checkroom provided and leave it in a perfectly clean condition.

Article 7 - Payment by credit card

Members may pay for their purchases directly on the Emma Meets Piano® website. The amount of the order will not be debited until it has been validated. Payment by credit card is secured by an encryption system provided by STRIPE. Consequently, Emma Meets Piano® cannot access the customer's credit card number, which is transmitted in complete confidentiality. Only national bank cards will be accepted by the security system, as well as Visa and Mastercard.

Article 8 - Insurance

Emma Meets Piano® points out that it is not part of its mission to look after members' personal belongings.

Members are invited to take out additional insurance covering the risks associated with the sports activities provided in the dance studio.

In accordance with article 38 of the law of July 16th 1984, Emma Meets Piano® informs members of their right to take out "personal accident" insurance to cover all the activities they are likely to take part in at the studio.

Article 9 - Irrevocability of membership and withdrawal period

The purchase of a Ticket, Pack or Subscription implies full acceptance of the present terms and conditions of sale.

In the event of subscription or remote purchase of Tickets or Packs, the member will benefit, in accordance with the provisions of articles L121-19 et seq. of the French Consumer Code, from a period of fourteen (14) clear days to exercise his or her right of withdrawal, without having to justify his or her reasons or pay any penalties, with the exception, where applicable, of return costs.

The member may waive this period if he/she is unable to travel and at the same time requires an immediate service necessary to his/her living conditions. In this case, he/she would continue to exercise his/her right of withdrawal without having to justify his/her reasons or pay any penalties. This right of withdrawal does not apply to legal entities subscribing to Packs and/or Subscriptions.

Article 10 - Settlement of disputes

This agreement is governed by French law. Any dispute between the member and Emma Meets Piano® relating to the existence, validity, interpretation, execution and performance of this agreement will be subject to the jurisdiction of the competent courts, it being recalled that the consumer member may bring the matter before one of the territorially competent courts of the place where he/she resided at the time of the conclusion of the contract or the occurrence of the harmful event.

Article 11 - Information on the consumer ombudsman

All complaints must be addressed, in the first instance, to Emma Meets Piano® with a view to finding an amicable solution.

If the member has not received a satisfactory response, the member may refer the matter to the Consumer Mediation body (AME) within one year of the events in dispute.

Contact details for the AME Consumer Mediation Service are as follows:
https://www.mediateurfevad.fr/ FEVAD's e-commerce ombudsman service
60, rue La Boétie - 75008 PARIS
Email : mediateurduecommerce@fevad.com

Article 12 - Other provisions

12.1 Entire agreement :

All of the provisions of the General Terms and Conditions of Sale constitute the entire agreement between Emma Meets Piano® and the Member with respect to its subject matter and supersede and cancel all prior representations, negotiations, undertakings, oral or written communications, acceptances, understandings, agreements and understandings between the parties.

12.2 Nullity of a provision :

If any provision of this Agreement is found to be contrary to any applicable law or regulation, such provision shall be deemed set aside, without affecting the validity of the remaining provisions of this Agreement.

Article 13 - Termination and Force Majeure :

As Tickets and Packs are for a fixed term, they cannot be cancelled.
Emma Meets Piano® undertakes to use its best efforts to comply with the obligations set out in its General Terms and Conditions of Sale.
In the event that Emma Meets Piano® is unable to fulfill its obligations due to events beyond its control, Emma Meets Piano® shall not be held liable.
Emma Meets Piano® also reserves the right to cancel sessions in the event of insufficient staff or participants (less than 3 people). In the event of cancellation of a session, the member may benefit from a one-week extension of the validity period of his or her Subscription and/or Pack, in relation to the initially scheduled expiry date
- Subscription cancellation conditions are defined in article 4.1.4 of these General Terms and Conditions.

Article 14 - Safety and limitation of liability

Subscription and purchase of a Pack or Subscription implies that the member declares that he/she is fit to engage in sporting activity.

Emma Meets Piano® points out that it is not part of its mission to supervise members' personal belongings.

Members are personally responsible for any accidents they may cause or commit.

Article 15 - Information, files and freedom

The data concerning the member is intended for the management of the member's Subscription/Pack by Emma Meets Piano®. In accordance with current legislation, Emma Meets Piano® may send emails to members, unless the latter object. The member has the right to access and modify his/her data.

Miscellaneous

It is strictly forbidden to damage the facilities and installations. Any damage will be repaired by Emma Meets Piano® at the offender's expense. Damage of any kind will be prosecuted. Any act or behavior likely to offend decency, public decency, the peace and quiet of members, or the good order and cleanliness of the studio is strictly forbidden. It may result in immediate dismissal from the studio. Customers must deposit their towels in one of the towel bins after use. It is forbidden to open the emergency exits, except in case of emergency.