UV Performing Arts Terms and Conditions
Student
Terms and Conditions
(Updated April 1, 2020)
UV Performing Arts classes and instruction are available to individuals in different forms, including at UV Performing Arts studio, BCA school and through UV Performing Arts online programs. All participants in specific UV Performing Arts programs and activities agree to the additional terms and conditions of those programs and activities, certain of which are set forth below in these Student Terms and Conditions, and others are described at the location of those specific programs and activities.
All participants in UV Performing Arts programs and activities agree to the Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement below.
Additionally, in connection with the reopening of UV Performing Arts studios and the ongoing COVID-19 situation, participants using UV Performing Arts studios agree to the COVID-19 Terms and Conditions described below.
In consideration of, and as an inducement and condition to, UV Performing Arts, LLC and its designees, including, without limitation, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Student Terms and Conditions (these “Student Terms”).
Your participation in any Activities or UV Performing Arts programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, including, without limitation the Arbitration Provision below, and any changes or updates to or replacements of these Student Terms.
We may change, update, terminate and replace these Student Terms, programs, benefits and Activities from time to time, in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and activities or your participation in such programs, benefits and activities. We may provide information regarding such matters by electronic means, including posting these materials online at:
https://www.uvperformingarts.com/schedule/studio-policy/uv-performing-arts-terms-and-conditions/
Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the current Student Terms. See “Changes” below.
Table of Contents:
Rules and
Directions
COVID-19 Terms and Conditions
Release, Waiver of Liability, Assumption of Risk, and Indemnity
Agreement
If Participant is Under 18 Years of Age
UV
Performing Arts Terms and
Conditions
UV Performing Arts Live (Third Party Providers) Terms and Conditions
Notices
Governing
Law
Arbitration
Limitation of Liability
Force Majeure
Changes
Questions
I. Account; Rules and
Directions
To participate in Activities, you must have the appropriate UV Performing Arts account. UV Performing Arts membership, including use of UV Performing Arts studios, requires a membership
account; if you do not have a membership account, create an account here.
By participating in UV Performing Arts Activities you agree to observe all rules and directions of UV Performing Arts and the locations (in-studio, in person, online or otherwise) at which Activities take place.
II. COVID-19 Terms and Conditions
In addition to and as a part of the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement below:
I understand that UV Performing Arts studios have recently re-opened following an extended period of closure ordered by government authorities in response to the ongoing COVID-19 (novel coronavirus) pandemic.
I understand that COVID-19 (including variations and mutations) is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it.
I will not attend in-studio or any other in-person Activities conducted or organized by or through UV Performing Arts if I am exhibiting symptoms of COVID-19 (which can include fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell), or if I have been exposed to a third party who has exhibited COVID-19 symptoms in the 14 days preceding my participation in the Activities.
I understand and expressly agree that my use of a UV Performing Arts studio or participation in any other in-person Activities conducted or organized by or through UV Performing Arts involves the risk that I could contract COVID-19 notwithstanding the mitigation measures in place by UV Performing Arts. I understand that these risks are inherent to my use of the facilities or participation in such Activities and can range from mild symptoms to major illness, including death. I further understand and voluntarily accept full responsibility on my behalf for the risk of contracting COVID-19.
III. Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement
I fully understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks, as further detailed above in COVID-19 Terms and Conditions). I fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities, including property theft. I represent that I understand the nature of the Activities. I further represent that I am participating in the Activities voluntarily, and that I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I will discontinue my participation in the Activities if I believe at any time my participation poses a threat to myself or any third party. If I have any injury or condition that potentially affects my participation in the Activities, I will consult with my physician or other applicable provider regarding my participation, and follow all applicable provider instructions, which is my sole responsibility.
I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge UV Performing Arts; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities; my attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities, or my attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of my medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, my “Personal Attributes”). I further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
I understand that participation in these classes and activities shall be at my sole risk. I am fully aware of the risk involved in these activities and that unanticipated danger may arise. I waive all claims for damage, loss, or theft to my property arising out of or in connection with use of this facility and the surrounding premises or for injury including death or other damage to my person. I hereby hold UV Performing Arts, Bellevue Children's Academy and Seiei Dojo and its owners and teachers harmless from all claims which may be brought against them by the student or on student's behalf of any such injuries or claims.
I agree that as further consideration for being permitted to participate in any of the Activities, I hereby grant UV Performing Arts, LLC and its designers, and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize my Personal Attributes filmed, captured, photographed or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any payment, consideration or notice to or consent by me or any third party. I hereby forever and irrevocably waive any rights I may have in or to any of the foregoing, and I understand and agree that CorePower and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of my Personal Attributes.
IV. If Participant is Under 18 Years of Age:
If you are under 18 years of age, you represent and warrant to UV Performing Arts that your parent or legal guardian has reviewed these Student Terms and agrees as follows:
I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.
Activities Organized Through Your Account
Certain Activities (e.g., virtual group sessions) may be organized by you through your UV Performing Arts account in which other individuals participate. If you are the parent or legal guardian of those individuals, you make the representations, warranties and agreements as to those individuals (including the releases, waivers and indemnifications) as to your child’s participation as set forth above in “If Participant is Under 18 Years of Age.” For all other individuals, you are responsible and liable for such individual’s participation in the Activities under these Student Terms as if such participant was you.
You are responsible for your UV Performing Arts account(s) and any Activities conducted under your name or associated with your account.
V. UV Performing Arts TERMS AND CONDITIONS
Tuition Payment: We accept cash and personal checks. No credit card. Please make checks payable to UV Performing Arts. Tuition must be paid by the first class of the session.
Class Credits/Refunds: Up until the second class of the session, if need for cancellation arises, class credit will be issued for the tuition paid deducting any classes taken. There is no class credit issued beyond the second class. There are no refunds on tuition, missed classes or class cards.
Cancellation / No Show Policy: We understand that there are times when you must miss an appointment due to emergencies or obligation for work or family. However, please note our cancellation fee policy.
Cancel notice 24 hours before the appointment: 0% of the class fee.
Cancel notice after 24 hours of your appointment :30% of the class fee.
No cancel notice on the day of your appointment: 100% of the class fee.
*Cancellation happens when:
-There is no response or notice of the cancellation.
-Student doesn't show up 15 minutes of the class time.
*If student is late with advance notice, class starts the time when student arrives and end as schedule time with charging full amount.
Late Arrival Without Notice for Scheduled Appointments: If no one shows up after 15 minutes past their scheduled time, instructors are allow to make an another appointment or to leave. You will be charged as No Show fee (see the above).
Returned Checks: For any returned checks a $35 fee will be charged.
Late Payment:
-NO PERSONAL CHECKS for late payment.
-Cash and Money Orders accepted
$5 daily late fee added starting from the day after due date.
Cell Phone and Video taping Policies:
No cell phone use during class time and no video taping without instructor's permission.
Class Agreement:
Due to the nature of the dance class, some touching for placement of proper body alignment might be involved.
Studio Closures (Snow Day and other natural disasters): When Bellevue School District and/or Seattle School District is closed due to natural disasters including weather related disasters and health related disasters, UV Performing Arts will also be closed. However, there are exceptions to this rule, such as roads being cleared by class time. Cancellations will be announced through email and website before 2pm on weekdays and 8am on weekends. If a class is cancelled more than three days due to natural disasters, a make-up class will be scheduled. No refund for natural disasters related closures.
VI. Third Party Providers
UV Performing Arts Live classes are currently delivered by Zoom Video Communications, Inc. (“Zoom”), which is a third-party provider of the Zoom application. UV Performing Arts is not responsible or liable for any aspect of the Zoom application, or the operation or use thereof. See www.zoom.us for information regarding Zoom and the Zoom application. UV Performing Arts is not a party to any user agreement or terms and conditions between a participant and Zoom, including, without limitation, any privacy policy or terms of use. Zoom is solely responsible for all matters regarding the Zoom application, including, without limitation, application functionality, terms of service, and any claims that you may have related to the Zoom application or the operation or use thereof. UV Performing Arts reserves the right to change technology platforms from time to time without notice, and the foregoing shall apply to such substitute technology provider and platform substituting such provider’s name.
VII. Notices
UV Performing Arts does not warrant uninterrupted or error-free operation of the UV Performing Arts Live Website or UV Performing Arts Live classes or any related service. UV Performing Arts is not responsible for technical failures of any kind, including but not limited to, the malfunctioning of any computer online systems or applications, media or computer equipment, website, server provider, network, hardware or software; or the unavailability or inaccessibility of any website, application or service. UV Performing Arts MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF ARISING FROM COURSE OF PERFORMANCE OR DEALING, USAGE OR TRADE.
Each UV Performing Arts Live class and other information is owned by UV Performing Arts and subject to all copyright, trademark and other intellectual property laws, rules and regulations. Any reproduction, distribution, or public performance of all or part of any class or other information is expressly prohibited unless UV Performing Arts has explicitly granted its prior written consent. All rights to the UV Performing Arts Live classes and other information are reserved by UV Performing Arts.
VIII. Dance At Home Member Program Terms and Conditions
The Dance At Home Member Program (the “Dance At Home Program”) is a program of UV Performing Arts. The Dance At Home Program offers members unlimited participation in open UV Performing Arts Live (subject to class size availability. There is no activation fee and no minimum commitment. Prices are subject to applicable taxes and assessments. Membership is nontransferable. The terms and conditions of the Dance At Home Program are as follows:
Eligible Participants; Enrollment; Continuing Eligibility
Eligible participants in the Dance At Home Program are individuals who enroll for a UV Performing Arts membership using a valid debit, credit card or Zelle payment. As part of enrollment or continued membership, any other required membership documents, agreements and waivers must also be completed and submitted, including any Dance At Home Program forms. To continue to be eligible in the At Dance Home Program, the participant’s membership and membership account must remain in good standing with UV Performing Arts at all times, including, without limitation, by not terminating or changing the participant’s UV Performing Arts membership, or allowing the participant’s UV Performing Arts membership to be terminated or lapse, and by maintaining payment. Once Dance At Home eligibility ceases, a member may not take advantage of At Dance Home Program benefits. Advance payments are for an entire term as based on a member’s billing cycle. UV Performing Arts does not provide refunds or credits for any partial week.
Cancellation
To cancel your Dance At Home Program membership, complete the online cancellation request form at
If a member cancels the member’s membership (whether by affirmative cancellation as described above, nonpayment or otherwise), or if a member’s membership is terminated by UV Performing Arts for any reason (including for nonpayment), the member will forfeit Dance At Home Program enrollment and benefits, and may later reapply for UV Performing Arts membership at then-current UV Performing Arts membership rates, subject to any applicable terms, conditions, limitations and restrictions. UV Performing Arts does not prorate weeks of membership, and does not provide refunds or credits for any partial weeks.
Restrictions
Dance At Home Program benefits are nontransferable and may only be used by the applicable member, and only so long as the individual is in good standing with UV Performing Arts. All Dance At Home Program benefits have no cash value, and are not redeemable for cash or any substitute.
VIII. Governing Law
These Student Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Washington, without reference to a state’s conflict of law principles.
IX. Arbitration.
Please review this Arbitration provision carefully. It provides that any dispute may be resolved by binding arbitration. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. Under this provision, your rights may be substantially limited in the event of a dispute. You may opt out of this Arbitration provision by following the instructions below.
By accepting these Terms, unless you opt out by following the instructions below, you agree that either you or UV Performing Arts, at UV Performing Arts’s sole discretion, can choose to have any dispute arising out of or relating to these Student Terms, including, without limitation, UV Performing Arts programs, benefits, Activities, these Student Terms, transactions, your UV Performing Arts account(s) or your relationship with UV Performing Arts resolved by confidential, binding arbitration. If arbitration is chosen by any party, neither you nor UV Performing Arts will have the right to litigate that dispute in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted only as allowed by the arbitration rules. In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration. The arbitrator's decision will generally be final and binding. Other rights that you would have in court may also not be available in arbitration. It is important that you read the entire Arbitration provision carefully before accepting the terms of this Arbitration provision.
For purposes of this Arbitration provision, “dispute” shall be construed as broadly as possible, and shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to UV Performing Arts programs, benefits, Activities, these Student Terms, transactions, your UV Performing Arts account(s) or your relationship with UV Performing Arts, the actions of yourself, UV Performing Arts, or third parties; or the validity of these Student Terms or this Arbitration provision. It includes disputes brought as counterclaims, cross claims, or third-party claims. A party that has brought a dispute in a court may elect to arbitrate any other dispute that may be raised in that litigation. Disputes brought as part of a class action or other representative basis are subject to arbitration on an individual (non-class, non-representative) basis. IF YOU DO NOT OPT OUT, THEN YOU WILL HAVE WAIVED YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT. In this Arbitration provision, the words “we,” “us,” and “our” shall include UV Performing Arts and any assignees of any of UV Performing Arts’s rights, as well as UV Performing Arts’s and its assignees’ respective affiliates, parents, subsidiaries, franchisees, vendors, suppliers, and further assigns.
You have the right to opt out of this Arbitration provision, but you may only do so within thirty (30) days of acceptance of these Student Terms. In order to opt out, you must fill the form here.
You must inform us of your decision to opt out, and sign the notice.
X. Limitation of Liability
UV Performing Arts shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the UV Performing Arts programs, Activities, these Student Terms, transactions, your UV Performing Arts account(s) or your relationship with UV Performing Arts, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if UV Performing Arts or its authorized representatives have been advised of the possibility of such damages. In no event shall UV Performing Arts have any liability for unauthorized access to, or alteration, theft or destruction of any of a participant’s UV Performing Arts account(s) through accident, misuse, or fraudulent means or devices by participant or any third party, or as a result of any delay or mistake resulting from any circumstances beyond UV Performing Arts’s reasonable control.
XI. Force Majeure
UV Performing Arts is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill any UV Performing Arts programs, benefits or Activities, including, without limitation, any in-person or virtual Activities, in the event UV Performing Arts, its vendors or their respective operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, epidemic, pandemic, public health or safety issues or matters, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
XIII. Precedence; Waiver; Interpretation
If and to the extent that there is any conflict among or between any website, apps, website or app materials, FAQs, or other UV Performing Arts marketing, promotion, communication or descriptive materials and these Student Terms, the language in these Student Terms will control. UV Performing Arts’s failure to or decision not to enforce any provision in these Student Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. UV Performing Arts reserves the right to interpret and apply these Student Terms, and all determinations by UV Performing Arts shall be final and conclusive in each case.
XII. Changes.
UV Performing Arts may change, update, terminate and replace these Student Terms; change, add, or terminate any programs and Activities, or participating locations or methods of participation; change, add or terminate any programs or Activities, or any feature of the programs, benefits and Activities; or change any requirements for initial or continuing eligibility; in whole or in part, at any time, and without notice or compensation, even though such actions may affect the programs, benefits and Activities or your participation in the programs, benefits or Activities.
You agree that UV Performing Arts may provide notices, disclosures, and changes or updates to or replacements of these Student Terms, and other information relating to the programs, benefits and Activities by electronic means, including posting these materials online at https://www.uvperformingarts.com/schedule/studio-policy/uv-performing-arts-terms-and-conditions/
Consult the then-current Student Terms for terms and conditions of membership and participation. It is your responsibility to review the current Student Terms.
Your participation in any Activities or UV Performing Arts programs indicates your acceptance of and agreement to all of these Student Terms as in effect from time to time, and any changes or updates to or replacements of these Student Terms.
XIII. Questions;
If you have any questions regarding UV Performing Arts membership, Activities, programs, benefits, or these Student Terms, contact us at info@uvperformingarts.com