RELEASE OF LIABILITY
Your participation in any service is voluntary and solely within your discretion. You agree that such participation is entirely at your own risk. You understand and agree that you may not receive the expected benefits, or you may exacerbate known or unknown physical issues. You further understand and agree that some of the physical movements you perform may be different in kind and/or intensity from ones that you have done in the past and, in any case, could have unexpected effects on your body.
I understand and agree that in participating in any ZTHEORY event, there is a possibility of physical injury and, in rare circumstances, death. I agree to release and hold harmless ZTHEORY, including its teachers, dancers, staff members, and facilities from any cause of action, claims, or demands now and in the future. I will not hold ZTHEORY liable for any personal injury or any personal property damage, which may occur on the premises before, during or after the event. Furthermore, I understand that I should be aware of my, and/or my child’s physical limitations and agree not to exceed them. If I am signing this waiver for my child, I certify that I am the parent or legal guardian and have the right to waive these rights.
I agree to grant unrestricted permission to ZTHEORY for the display, distribution, publication, transmission, or otherwise use of photographs, images, testimonials, and/or video taken of you for use in materials that include, but may not be limited to, printed materials such as brochures and newsletters, advertising, videos, and digital images.
Information/structure of the program disclosed to the Recipient is not to be shared with competitors, copied, or profited from copying.
ZTHEORY has requested and the Recipient agrees that the Recipient will protect the confidential material and information which may be disclosed between ZTHEORY and the Recipient. Therefore, the parties agree as follows:
1. CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to ZTHEORY, whether or not owned or developed by the ZTHEORY, which is not generally known other than by ZTHEORY, and which the Recipient may obtain through any direct or indirect contact with ZTHEORY. Regardless of whether specifically identified as confidential or proprietary. Confidential Information shall include any information provided by ZTHEORY concerning the business, technology and information of ZTHEORY and any third party with which ZTHEORY deals, including, without limitation, business records and plans, structure of program, partners, and media. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.
2. PROTECTION OF CONFIDENTIAL INFORMATION. The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by ZTHEORY by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of ZTHEORY which provides ZTHEORY with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient of the Confidential Information, the Recipient agrees as follows:
1. No Disclosure. The Recipient will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of ZTHEORY.
2. No Copying/Modifying. The Recipient will not copy or modify any Confidential Information without the prior written consent of ZTHEORY.
3. Unauthorized Use. The Recipient shall promptly advise ZTHEORY if the Recipient becomes aware of any possible unauthorized disclosure or use of the Confidential Information.
ZTHEORY cannot prevent you (or your children) from becoming exposed to, contracting, or spreading COVID-19 while utilizing ZTHEORY's services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize ZTHEORY's services you may be exposing yourself (or child) and/or increasing your risk of contracting or spreading COVID-19. I understand and accept the risk of myself (or my child) contracting COVID-19 in order to utilize ZTHEORY's services.
I agree to wear a mask when asked for the entirety of each in-person training session, except when eating and drinking.
I will not attend any ZTHEORY training sessions while experiencing any of the following symtpoms: Fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea
TERMS OF SERVICE
On the website, you may access services provided by ZTHEORY (“Services”). The Services may include dance classes and tutorials, fitness classes and tutorials, mindfulness tips, dance-related resources, email services, and suggested links to third-party websites.
IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE THE WEBSITE OR REGISTER FOR THE SERVICES. RATHER YOU MUST HAVE A PARENT OR GUARDIAN DO SO. If the legal age for entering contracts where you are is higher than 18 years, then you must be at least that age or else have a parent or guardian use this website for you. If the country you are accessing the Website from does not permit you to receive the Services, then you may not use them.
Access to Services: To access the Services, you must register on the Website. Registration includes providing your name and contact information, selecting a password and the names of the Services you wish to access. You represent and warrant that the information you provide will be true and accurate and that you will update it as necessary within 30 days of any change. Anything done using your logon information and password is your responsibility regardless of whether you or someone else has accessed the Website with your logon/password information.
Course/Workshop Signup and Refunds: When you purchase a ZTHEORY product or sign up for ZTHEORY courses or classes, you will be required to pay for them before attendance. Once payment is made, all sales are final, and ZTHEORY does not offer refunds or exchanges for tutorial, class, workshop, or program registration.
Customers are encouraged to thoroughly review their course selection before completing the registration. Please email [email protected] if you can no longer attend a class, workshop, or program.
Risk of Services: Your participation in any Service is voluntary and solely within your discretion. You agree that such participation is entirely at your own risk. You understand and agree that you may suffer physical injury despite taking all proper precautions.
Acceptable Use and Behavior - You Must Not:
* Engage in any activity that interferes with or disrupts the Website or provision of the Services.
* Use the Website or the Services for any fraudulent, illegal, or harassing purpose.
* Attempt to or actually gather any information of any kind about another user of the Website or Services.
* Post any content or link to any website that contains obscene, violent, illegal, or objectionable material.
* Reproduce, duplicate, copy, sell, trade, resell or in any other manner make the Services available to third parties.
* Distribute through the Website, or infect the Website with any viruses, trojan horses, zero day exploits, or any other malware of any kind.
* Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or register with false information at any time.
GUIDELINES FOR STUDENT-TO-STUDENT
INTERACTIONS AND BEHAVIORS
All students: Please read these guidelines and show respect for the teacher, classmates, & yourself.
Unacceptable behavior will not be tolerated including, but not limited to, the following:
gross misconduct (i.e., inappropriate horseplay, theft, fighting, etc.);
disrespectful attitude or speech, or harassment of any kind based on
religion, sex, gender, abilities, or any act considered to be offensive under federal, state or local laws.
Do not disrupt the class by talking while the instructor is talking.
Do not film class without asking the instructor first.
Turn off your cell phone while you are in class unless you have a very good reason to leave it on, and if you feel you must leave it on, first get the approval of the instructor.
ZTHEORY reserves the right to refuse service to anyone for any reason at any time.
Termination: This Agreement may be terminated:
- By you at any time by sending written notice to [email protected].
Such notice must clearly state your desire to terminate the Terms.
- By ZTHEORY if:
- You have breached this Agreement;
- ZTHEORY is required to do so by law;
- The Services are eliminated, modified or determined to be no longer commercially viable.
ZTHEORY may or may not provide notice of such termination.
Intellectual Property: All information or materials that you have access to through your use of the Website or the Services (“Content”) is owned by ZTHEORY or its licensors. If Content is owned by third parties, then such third parties are responsible for the Content. You may only use such Content in conjunction with your use of the Website or receipt of the Services. Any other use of such Content without the permission of the Content owner is a breach of this Agreement and may subject you to damages and even criminal charges in some circumstances.
Media Release: You grant unrestricted permission to ZTHEORY for the display, distribution, publication, transmission, or other use of photographs, images, testimonials, and/or video taken of you for use in materials that include, but may not be limited to, printed materials such as brochures and newsletters, advertising, videos, and digital images.
Contributions: You may submit any ideas, suggestions, documents, proposals, feedback, photos, videos, social media content, etc. (“Contributions”) to ZTHEORY. Any contributions shall become the sole property of ZTHEORY for its own use and consideration. You will not be entitled to any compensation, reimbursement, or acknowledgment for any Contributions you submit.
Third Party Content: Some content on the Website (“Content”) may be contributed by you or third parties. ZTHEORY is not responsible for any such Content. If you have some sort of dealings with a third party who posts Content, then that is solely at your own risk. ZTHEORY has no obligation to you or to such a third party with respect to such dealings.
DISCLAIMER OF WARRANTIES: Your use of the Services, Content, or the Website is entirely at your own risk. ZTHEORY makes no warranties of any kind with respect to your use of the Services, Content, or Website. In addition, ZTHEORY makes no warranty whatsoever with respect to the quality of any instruction it provides, or any advice that may be provided. ZTHEORY makes no warranty with respect to information provided by the Content.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, breach of implied terms or a limitation of incidental or consequential damages. Only those limitations which are lawful in your jurisdiction will apply to you, and ZTHEORY’s liability shall be limited to the maximum extent permitted by law.
LIMITATION OF LIABILITY: ZTHEORY shall not be liable for any incidental, special, consequential, punitive or exemplary damages however caused regardless of whether they were foreseeable or whether ZTHEORY was advised of the possibility of such damage and regardless of what theory of liability.
ZTHEORY shall, in addition, not be liable for any physical injury or mental/emotional injury, loss, damage, or damages which may be incurred by you or to your person as a result of any reliance placed by you on any content on the website or made available through the services, or as a result of anything relating to you and any third party.
Survival of Terms: Any terms which by their nature survive the termination of this Agreement shall be deemed to have survived the termination of this Agreement.
Any waiver by ZTHEORY of any breach of, or failure to comply with, this Agreement shall be in writing. Any such waiver, or failure to enforce a term, shall not constitute a continuing waiver or a waiver of the right to enforce such term in the future.
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof. The Agreement supersedes any prior understanding, agreement, or marketing material that you may have seen or entered into.
In the event of a dispute between ZTHEORY and you that results in a lawsuit or arbitration, the substantially prevailing party shall be entitled to recover all costs incurred, including attorney’s fees at trial, arbitration hearing, on appeal or, to the extent permitted, in any bankruptcy, or equivalent proceeding.
If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and all other terms shall remain in full force and effect.
This Agreement shall not be assigned by you. ZTHEORY may assign all, or any portions, of this Agreement at any time.
Waiver of Jury Trial: The parties waive any right they may have to a trial by jury in any dispute arising out of, or related to, this Agreement.
This Agreement shall be interpreted pursuant to the laws of the State of Washington, excluding its choice of law principles. Venue and jurisdiction of any action shall be in the state or federal courts of King County, Washington.
Headings are provided for convenience only and shall not be interpreted as part of this Agreement.
ZTHEORY respects the intellectual property of others and expects our users to do the same. If we discover that Content has been posted without the permission of the Content owner, we reserve the right to take such posting down. If you keep posting Content that is not yours, we may terminate your account without notice.
- ZTHEORY collects certain necessary data about you so that you can log in to the Website or make use of, and pay for, the Services. This data is only for the use of ZTHEORY and shall not be provided to any third party.
- Since you access the Website via the Internet, information essential to the operation of the Internet is also collected (for example only, your IP address, identifying information about the device you use to access the Internet, etc.). ZTHEORY does not collect this data.
- ZTHEORY will only retain the data you provide as long as you are using our Services or our Website and for such additional time as may be required by applicable law or regulations.
- Some Services are provided by third-party vendors. You are subject to the Privacy Policies of any such third-party vendor. ZTHEORY is in no way responsible for any issues you may have with such third party.
- You may provide a hyperlink to the Website. However, any such link shall not state or imply any endorsement or sponsorship of you or any company affiliated with you. You shall not frame any Content without the written permission of ZTHEORY and, depending on the content, the Content owner.
- In order for you to pay for the Services you will use a third party. ZTHEORY accepts no liability whatsoever with respect to that third party.