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Terms & Conditions and Releases of Liability

Studio Flava, LLC

Last Updated on 03/09/24

TERMS & CONDITIONS

WEBSITE USAGE & SERVICE BOOKINGS

This website is owned and operated by Studio Flava, LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website allows visitors to reserve our services for a specific day and time. By accessing or using the website of our service, you acknowledge that you have read, understood, and agree to be bound by these Terms. All persons visiting the legal address (“premises”) of Studio Flava, LLC MUST follow the “Terms and Conditions” and policies provided herein regardless of their purpose of visit. We reserve the right to refuse services and/or allow access to our premises to any person that violates our terms & conditions, policies, or code of conduct; and we further reserve the right to exclude any person from the premises (regardless of their purpose of visit) in which behavior is deemed offensive, inappropriate, unsafe, destructive, or otherwise violates our policies with no guarantee of any refunds to purchases made directly or indirectly to us for the current or future services.

 

In order to use our website and/or receive our services, you must be at least 18 years of age and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in the State of Florida under any law or regulation applicable to you.

 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Florida, US, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Hillsborough County. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

When booking and paying for a reserved service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. Every patron must agree to the Terms & Conditions contained herein and the additional terms specific to the purchase prior to making any payments or deposits. Services will not be rendered without payment in full and services reserved with a deposit are not guaranteed to be rendered if final payment is not received by the agreed upon due date/time. Any person who wishes to sub-lease any portion of the “premises” must agree to all the Terms contained herein and ensure that any guests, students, instructors, employees, or other associates visiting the “premises” during use are informed, follow, and agree to all releases and terms & conditions contained herein relevant to their visit. 

 

There are no membership requirements to utilize our services and patrons may purchase services individually or in bulk for a specified period of time to become a regular “member”.

We accept cash, check, debit/credit cards, electronic wallet, and online payments for services. There is a minimum purchase of $20 to accept checks and a $20 service charge for all returned checks or failed electronic transactions. 

 

Our prices for services are listed on our website. We reserve the right to change our listed prices at any time, and correct pricing errors that may inadvertently occur. Additional terms for specific price options are in the service description and payment page. The fee for reserved services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your provided payment method on the reoccurring selection you choose (i.e., once, upon expiration of current item, monthly).

INTELLECTUAL PROPERTY & COPYRIGHT

This website, the booked service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Studio Flava, LLC and/or any third-party service provider. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.

 

Choreography (dance movement) is a form of creative expression that is protectable under federal copyright law. It is among the categories of works that may be protected under the U.S. Copyright Act as stated in Section 102(a)(4). Attendance during live class instruction, or performances, with or without payment, does NOT remove the protection of such copyright or imply consent from the instructor, choreographer, or dancer.  All class instruction and performances are for personal, and entertainment uses only.  Professional dance/fitness trainers attending classes or events are not authorized to replicate any choreography for the purpose of resale, advertising, or other without specific consent of the instructor, choreographer, or dancer the creative works were demonstrated by. In signing this document, I understand the above copyright practices regarding choreography and agree not to perform copyright infringement to the best of my ability.

RIGHT TO CHANGE, CANCEL, OR CLOSE

We may, with or without prior notice, change our scheduled classes or services; stop providing specific services or specific features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. Any unredeemed credits or time period of services will be honored or refunded in the event of complete discontinuance of all services.

 

Certain circumstances may require services to be canceled, and possible closure of business, due to severe illness/injury of service provider or family member, inclement weather restrictions, pandemic, government closures, civil uprisings, or other acts of God that may deem it unsafe to publicly assemble. We make every attempt to find an alternative prior to making the decision to cancel a service or implement a closure. If a service must be canceled at the last minute, every effort will be made to contact patrons through all available means.  If we are unsuccessful, patrons will be compensated for the inconvenience in the form of a credit for an alternative service. Advance cancellations or changes to the schedule due to holidays, special events, etc. are reflected on the schedule and announced through all possible means.

 

RIGHT TO CHANGE & MODIFY TERMS

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

PROMOTIONAL EMAILS AND CONTENT

By utilizing this website and associated service, you understand that you become a “member” (client) of our business and agree to receive, from time-to-time, promotional messages, and materials from us by email and telephone for calls or text messages. If you don't want to receive such promotional materials or notices, we can provide an opt-out option. However, opting out of communication from us for promotions of services may also discontinue notifications for changes to any pending booked or reserved services. 

 

RIGHT TO SUSPEND USER ACCOUNT

We may permanently or temporarily terminate or suspend your access to our services without notice and liability for any reason, including if in our sole determination that you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

This website offers communities giving users the ability to interact with management, staff, and other users. All users that join a community have a public profile that is publicly visible to site visitors, and that their public activity (such as their posts or comments) will be visible to other visitors of the website. Users may opt-out and exit the community at any time, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such an event the user will not be able to use the community features (i.e., liking, commenting, or writing posts).

 

USER SUPPORT

Website users, class participants, and visitors can contact Studio Flava, LLC for customer support services through website chat, email and for faster response, text message. All contact information is located on the bottom of every website page.

PAYMENTS & REFUNDS

REFUND POLICY

All payments and/or deposits paid are for scheduled services that reserve the use of business and/or personnel resources, rendering them unavailable to other patrons. Buyer’s remorse (deciding not to utilize the service after reservation or not liking the service after utilizing it, etc.), forgetting to arrive, or arriving late are not irrefutable reasons to demand a refund when the reservation of services was honored. Refunds are given only in rare and extreme circumstances when services were NOT actually provided as scheduled through our own cancellation. Therefore, all sales, to include deposits, are final.

AUTOMATIC PAYMENTS

If a member elects to enroll in reoccurring billing for services through the scheduling of automatic electronic debits, the enrollment must include a separate agreement by the member on the terms. Members who wish to cancel their enrollment of automatic billing must complete the cancellation process outlined in the agreement and are responsible for the final payments outlined in said agreement. Cancellations of automatic payments will NOT be accepted via email, telephone, social media or any other method and automatic debits will continue as scheduled.  Failure to utilize services is NOT to be considered your intent to cancel.  Automatic debits will continue until a cancellation request is properly submitted through the site and no refunds will be provided for failure to follow the terms.

RELEASES

ASSUMPTION OF RISK & RELEASE OF LIABILITY RELATING TO COVID-19

Any person who wishes to participate in a dance or fitness program at “SF” MUST agree to all “Releases of Liability” contained herein prior to participating in any activity. Any minor children (under the age of 18) who wish to participate in such activity, MUST have a parent or legal guardian agree to this release on their behalf.

I acknowledge being informed that COVID-19 is extremely contagious and is believed to spread mainly through person-to-person contact and as a result, there is a high risk of infection when groups of people congregate without social distancing.  I further acknowledge that Studio Flava, LLC (“SF”) has put preventative measures in place to reduce the spread of COVID-19; however, “SF” cannot guarantee that I will not be exposed to the virus as result of the actions, omissions, or negligence of myself or others, including, but not limited to, “SF” employees, volunteers, and program participants. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk of exposure to, or infection of, COVID-19 by visiting “SF” and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

 

I voluntarily agree to assume all the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with attendance at “SF" or participation in “SF” services (“Claims”). I hereby release, covenant not to sue, discharge, and hold harmless “SF”, its employees, agents, and representatives, of and from the “Claims”, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any “Claims” based on the actions, omissions, or negligence of “SF”, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any “SF” services.  Furthermore, by signing this agreement I agree to follow all instructions posted by “SF” regarding any and all precautionary measures implemented for visitors.  These include, but are not limited, refraining from visiting “SF” if:
 

  1. I or anyone in my household has experienced any flu like symptoms, without receiving proper testing, diagnosis, clearance from a doctor, and/or proper self-quarantine.

  2. I have traveled ANYWHERE outside of the immediate area less than 14 days prior; and

  3. I live or work with the elderly or other high-risk individuals.

 

RELEASE OF LIABILITY FOR PARTICIPATION IN PHYSICAL ACTIVITY

In checking the box below, I agree that I have voluntarily chosen to participate in a program of progressive physical exercise or dance. I acknowledge that I have been informed of the need to obtain a physician’s examination and approval prior to beginning any strenuous physical activity or program, of the strenuous nature of the program I am participating in naturally involves the risk of injury, and that I am responsible for knowing my own limits and may stop any activity at any time.  By signing this document, I agree that I am voluntarily participating with full knowledge that there is potential risk for unusual, but possible, physiological results including, but not limited to, abnormal blood pressure, fainting, heart attack or even death.

 

In signing this document, I further assume all risk for my health and well-being, any resultant injury of mishap that may affect my well-being or health in any way, and hold harmless the instructor, facility, or persons involved with the program of any responsibility. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Studio Flava, LLC, its instructors, associates, affiliates, or members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. I further acknowledge that neither of the listed parties are in any way responsible for the safekeeping of my personal belongings while I participate in any activities.

 

RELEASE OF LIABILITY FOR VIRTUAL SERVICES & USE OF AT HOME EQUIPMENT

Any and all terms, conditions, and release of liability contained herein will apply to all virtual or at home services provided by Studio Flava, LL to include, but not limited to, the use of any personal, rented, or borrowed equipment. By signing this document, I agree and understand that participation of online services is at my own risk and I am required to follow all the guidelines contained herein to include, but not limited to, the "Photo & Video Release" and "Choreography Clause".

 

WEBSITE USAGE & DATA STORAGE RELEASE

To the maximum extent permitted by applicable law, in no event shall Studio Flava, LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this website and/or the associated service.

To the maximum extent permitted by applicable law, Studio Flava, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

PHOTOGRAPHY & VIDEO RELEASE

I, the undersigned, hereby consent that my name, portrait, picture or electronic image, may be used by Studio Flava, LLC, their respective clients, customers, agents, licenses or successors and assigns free and unlimited right and republish, for any and all news, trades, publicity, commercial or noncommercial photographic prints, video, or digital images of me and any reproductions thereof, or parts thereof, photographic or otherwise with such additions, alterations or changes therein as Studio Flava, LLC may in their discretion or in the discretion of any of them, make or authorize, and to use, sell, distribute, publish, and republish the same, either separately or together with my name or fictitious name.

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