The Ballet Fundamental Fix, LLC Service/Membership is intended for people who are at the age of 18 years old or older with a background and education in teaching ballet. The program has been created by, and intended for, credentialed Ballet Dance Educators. By accessing or using the Service/Membership You agree to the Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if you do not agree to the Terms, and do not have a background and education in ballet/training children in ballet, do not use the Service. It is assumed by your engagement in this service/membership that you have a working knowledge of Ballet and the capacity, training, education and background to safely and effectively work with children as a Dance Educator.
WAIVER /RELEASE OF LIABILITY/ In consideration of the risk of injury while participating in exercises created by Ballet Fundamental Fix LLC (the "Service"), and as consideration for the right to participate in the Service, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Service, and do hereby release and forever discharge Ballet Fundamental Fix LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Service, including traveling to and from an event related to this Service. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED SERVICE AND I AM PARTICIPATING IN THE SERVICE ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS SERVICE, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE SERVICE LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS SERVICE, INCLUDING TRAVEL TO, FROM AND DURING THIS SERVICE. I agree to indemnify and hold harmless Ballet Fundamental Fix LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Ballet Fundamental Fix LLC incurs any of these types of expenses, I agree to reimburse Ballet Fundamental Fix LLC. I acknowledge that Ballet Fundamental Fix LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event, service or activity on behalf of Ballet Fundamental Fix LLC. I ACKNOWLEDGE THAT THIS SERVICE MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Ballet Fundamental Fix LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Ballet Fundamental Fix LLC FOR PERSONAL INJURY OR AN INJURY MY ACTIONS BRING TO ANOTHER INDIVIDUAL WHILE USING BALLET FUNDAMAENTAL FIX, LLC. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Ballet Fundamental Fix LLC, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. Both the Participant, and Ballet Fundamental Fix LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
RESPONSIBILITIES AND OBLIGATIONS OF THE MEMBER:
The Service/Membership is provided to you for your personal and non-commercial use only. Each individual User shall only create one (1) Account.
You are solely responsible for downloading any Content posted, uploaded, transmitted, stored or otherwise made available through the Service using Your Account prior to the end of each month. You are responsible for your username, password and any acts that occur using your account.
Except as expressly provided in these Terms, Ballet Fundamental Fix, LLC does not grant any express or implied rights to use Ballet Fundamental Fix, LLC Property. The content shared in the modules is intended for the member, only. It is not to be distributed, sold, copied or displayed for public use in any way.
It is the responsibility of the member to renew her account each month to continue membership. Ballet Fundamental Fix does not automatically bill or charge members monthly; you are only billed when you pay for each specific module/month. If you have registered as an inaugural member and you let your membership lapse by not paying for the next consecutive month, you may choose to join again but your new rate will be at the new monthly standard rate; any lapse in membership results in loss of inaugural member benefits.
It is understood that Ballet Fundamental Fix, LLC utilizes YouTube for the video tutorial segment of the members only page. The unlisted links that are shared each month with the members in the monthly modules are not to be shared publicly by the individual members. You are also bound to the rules and regulations of this third party service.
It is understood that you grant permission to Ballet Fundamental Fix, LLC the rights to any content you submit as a member: photos, videos, testimonials without payment or any other consideration. You understand that the image/video may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein your/your student’s likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of you/your student’s image or recording. You also understand that this material may be used in diverse educational settings within an unrestricted geographic area.
Photographic, audio or video recordings may be used for ANY USE which may include but is not limited to: ● Presentations; ● Courses; ● Online/Internet Videos; ● Media ● News (Press)
You also acknowledge that you have obtained written permission to photograph/film the student/s in the material submitted to Ballet Fundamental Fix, LLC prior to submission. It is understood that no photo/video will be shown that includes the face or name of the child in the video/photo without specific written permission from the guardian of the child. If you cannot meet this criteria, do not submit videos and photographs to Ballet Fundamental Fix, LLC.