Terms and Conditions

Terms

By accessing this website hosted in Zenler.com, you are agreeing to be bound by these website Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law. Permission is granted to use the materials on Performance Art Athletics website for personal, non-commercial transitory viewing only.

Intellectual Property

A substantial amount of time, energy, and knowledge has gone into developing and writing Performance Art Athletics LLC Materials and content. No part of this content may be reproduced or transmitted by any person or entity, in any form or by any means: mechanical, photographic, or electronic process, including photocopying, recording, scanning, transmitted, or otherwise be copied for public or private use, without prior written permission from Performance Art Athletics LLC.

  • You may NOT:
  • a) modify or copy the materials.
  • b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
  • c) attempt to decompile or reverse engineer any software contained on Performance Art Athletics web site.
  • d) remove any copyright or other proprietary notations from the materials.
  • e) transfer the materials to another person or 'mirror' the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Performance Art Athletics at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any copied/downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on Performance Art Athletics web site are provided 'as is'. Performance Art Athletics makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Performance Art Athletics or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Performance Art Athletics Internet site, even if Performance Art Athletics or a Performance Art Athletics authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Performance Art Athletics web site could include technical, typographical, or photographic errors. Performance Art Athletics does not warrant that any of the materials on its web site are accurate, complete, or current. Performance Art Athletics may make changes to the materials contained on its web site at any time without notice. Performance Art Athletics does not, however, make any commitment to update the materials.

Links

You acknowledge that as part of the services, including when ordering our services or when accessing materials relating to our services, you may be given access to third-party websites and apps. You acknowledge that you do so at your own risk, and we make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third-party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant third-party website or app. Performance Art Athletics has not reviewed all the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Performance Art Athletics of the site. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third-party links.

Site Terms of Use Modifications

Performance Art Athletics may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Indemnification

You agree to indemnify and hold harmless Performance Art Athletics LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website.

Instructor Training & Workshop Services

We provide live and online training courses for pole and aerial fitness instructors and workshops for dancers & musicians. By purchasing a course or workshop (service) you are agreeing to the terms and conditions below.

To order and participate in any of our services, you need to ensure that you are aged 18 or over and meet any prerequisite criteria set out in the description of the services on our website. It is your responsibility to ensure that you meet such criteria, and we will not be liable to you for any loss or damage suffered by you as a result of any failure to meet any of the criteria. If we discover that you fail to meet any of the criteria after a contract has been entered into between us, we may cancel the contract.

Services are completed through our Zenler Learning Platform and the Zenler App.  Such services may include providing access to various online course materials including videos, PowerPoint presentations and training manuals, and carrying out quizzes/assignments/surveys. The details and descriptions of such services are set out on our website.

As part of our services, we may provide you with certain course materials which may include, but are not limited to, a course manual, pre-course reading and quizzes/assignments/surveys.  You may be required to purchase a hard copy course manual from a third-party print on demand partner.  It is your responsibility to ensure you have access to any course manuals for your register service.

You are responsible for finding an appropriate venue and for using appropriate equipment in order to use our services and/or for any required assessments/exams. We are not responsible for providing you with any equipment or for any loss or damage suffered by you or any third party in connection with your use of any venue or equipment.

Health & Safety

You are responsible for ensuring that you are in an appropriate physical condition to complete any physical aspects of the services safely and effectively. We recommend that you seek advice from a healthcare professional before using any of our services. We are not responsible for any loss or damage that you may suffer as a result of your failure to do so.

Liability: In the event of use any Performance Art Athletics Content, Performance Art Athletics LLC assumes no responsible for your actions.  Neither Performance Art Athletics LLC nor any of its Vertical Art Athletics International Presenters, Representatives, Course Organizers or Hosts, accept any responsibility for any bodily harm that may arise during or after attendance of a course/workshop/seminar, or learned from our educational videos, social media posts, or online content. Performance Art Athletics LLC holds no liability or responsibility for any injury or complications that may arise from following Performance Art Athletics content.  Any use of this content is voluntary and at your own risk.

Medical Disclaimer: Nothing contained in Performance Art Athletics content should be used as a replacement for professional medical advice, diagnosis, or treatment.  Performance Art Athletics LLC encourages participants to seek advice of a qualified health care professional with any questions regarding medical and health concerns.  Never disregard medical advice from any treating qualified health care professional or delay pursuing medical attention because of content from Performance Art Athletics LLC.  In case of emergency, please contact your doctor immediately.

Pregnancy Guidelines: In the first trimester, all courses should be suitable for an uncomplicated pregnancy. This is providing that you exercise pre-pregnancy and have discussed this with your GP / Midwife.  We would generally recommend against participating in several courses in the curriculum after the 1st trimester, as you will not be able to experience all the movements yourself during this time.  Please contact us for details on appropriateness of participation for selected coursework info@performanceartathletics.com 

Zenler Platform & App

Our services are provided through the Zenler Platform accessible through our website and through the Zenler App.

In order to access the Platform, you will be required to set up an Account on the Platform by setting up a username and password and creating an online profile. This same username and password will be utilized to access learning content, communities, and notifications in the Zenler App. If you are a business customer who has nominated a Nominated Person to receive the services, then you will ensure that Nominated Person sets up an Online Account and notify us that this will be the arrangement.

You are responsible for ensuring that the computer or other device that you use to access the Platform is suitable, including ensuring that your internet connection is adequate to access the Platform or otherwise use our services. We will not be liable for any failure to use our services that occurs as a result of any computer or other device or connection being unsuitable for use of our services.

The platform is provided “as is”, “where is” and “as available”. We do not warrant or guarantee the performance of the Platform, or any aspect or portion thereof.

We do not warrant that the Platform will be uninterrupted or error free or that certain results may be obtained by anyone in connection with its use. 

If we determine in our sole discretion that you have successfully completed one of our courses, you will be awarded recognized certification credentials through the online learning Platform.

Studio Exclusive Services

By coordinating and/or purchasing a service to be hosted at your studio or event you are agreeing to the terms and conditions below.

Venue: You are responsible for the appropriate venue.  As part of our services, required venue access may include, but is not limited to, pole space, aerial space, and lecture space.  These spaces need to be available for an appropriate amount of allocated time to match the services you have selected. You need to ensure that you have an appropriate venue as set out in the description of the services on our website. We are not responsible for providing you with a venue or for any loss or damage suffered by you or any third party in connection with your use of a venue.

Equipment: You are responsible for appropriate equipment.  As part of our services, required equipment may include, but is not limited to, AV-Equipment, pole and/or aerial apparatus, and small fitness equipment. You need to ensure that you have appropriate equipment access as set out in the description of the services on our website. We are not responsible for providing you with any equipment or for any loss or damage suffered by you or any third party in connection with your use of any equipment.  

Required Information: We may need certain information from you so that we can provide the services to you as a business customer, or your Nominated Person, for example, name, address, studio exclusive coordination survey. The required studio exclusive coordination survey will be provided to you in your course/service once registered. We will contact you to ask for this information. If you do not give us this information within a reasonable time, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

Fees & Payment: You are responsible for fees and payment set out in the description of the services on our website.  This may include, but is not limited to, flat rate course deposit, any remaining course fees, and presenter travel expenses. If you have not already booked your service with a deposit/payment: Prices are subject to change without notice. If you do not pay for the services within 15 days of initial request, and you still do not make payment within 15 days of us reminding you that payment is due, we may suspend provision of the course until you have paid us the outstanding amounts. We will contact you to tell you we are suspending provision of the services. We will not charge you for the course during the period for which it is suspended.

Promotion: As a host studio of a live course, you may have the option to promote vacant spots at your studio exclusive to earn commission back per registrant. The commission is a percentage (as stated on our website) of our revenue from customers that registers from outside your studio exclusive flat rate. Commissions are paid only for transactions that occur between Performance Art Athletics and a Sale. If the transaction does not actually occur, or if payment from a Sale is not actually received by Performance Art Athletics you will not be paid a Commission on the transaction. You must have a valid PayPal account to receive commission fees, as we do not offer payment via cheque/check, credit card, cash or other method. You must have your PayPal account connected to your Platform Account to receive your commission. It is your responsibility to ensure your PayPal account information is correctly formatted, and you are responsible to update your payment details in the future if the PayPal information you have provided changes or is updated. Accrued commission fees are paid via PayPal 15 days following completion of your Studio Exclusive Course. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions you receive from Performance Art Athletics. The referral fee structure and payment method is subject to change at our discretion.

Relationship of Parties: You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of Performance Art Athletics or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.

Cancellation & Refund Policy

Participant Cancellation & Refund Policy

Cancellations and Refunds are not available, however there is the option to reschedule for a future training course date.

All requests to reschedule must be made in writing to: info@PerformanceArtAthletics.com

When rescheduling, space and availability of the class is not guaranteed, Vertical Art Athletics (Performance Art Athletics LLC) cannot be held responsible if no suitable alternative can be found.

No Shows without correspondence will incur the full cost of registration, without the option to reschedule.

Host studio Cancellation & Refund Policy

Training course reservation dates will not be confirmed until deposit is received in full.

All requests to cancel or reschedule must be made in writing, please submit an email request to: info@PerformanceArtAthletics.com

Please submit all reschedule/cancellation requests no later than 15 days prior to the scheduled course date.

Reschedule: deposit will be held as payment reservation for alternative date. When rescheduling preferred course dates are not guaranteed and are based on Presenter availability.

Cancel: any non-refundable ancillary costs related to Vertical Art Athletics presenter travel for your cancelled training course (including but not limited to: airfare, hotel), will be held from deposit, with the remaining amount returned to your preferred account.

If you have chosen to promote vacant spots for your Studio Exclusive Course and you cancel or reschedule, you are responsible to write an apology to outside course registrants as they may have incurred non-refundable ancillary costs (airfare, hotel) related to your course cancellation/reschedule.  You will not receive commission for this registration.

Cancellations not made within the specified cancellation period (within 14 days of scheduled course date) will incur the full cost of the deposit.

No Shows and cancellations from your expected studio staff participants will not be pro-rated from your flat rate course fee. If you are choosing to purchase printed manuals for your staff: As manuals are printed on demand per each scheduled course and planned participant numbers you will still be responsible for course manual fees for your studio staff if they no show or cancel.

Cancellation by Performance Art Athletics LLC

Vertical Art Athletics (Performance Art Athletics LLC) reserves the right to cancel any training course due to insufficient enrollment at least 15 calendar days in advance of the scheduled course date. Notice will be provided with the option to reschedule for a future course date or to receive a full refund of registration fees.

If a training class is cancelled due to any unforeseen circumstances such as weather or natural disaster, the customer is entitled to reschedule for a future training course.

Vertical Art Athletics (Performance Art Athletics LLC) is not responsible for any expenses incurred by the customer if a training course is cancelled. If a class is cancelled, Vertical Art Athletics (Performance Art Athletics LLC) liability is limited to the amount of the course registration ONLY. Ancillary costs related to registration, travel or attending a training course (including but not limited to: airfare, all travel costs, hotel, per-diem, mileage, lost employee wages or salary or lost revenue arising out of a class being cancelled) are the responsibility of the participant or the host studio.

Governing Law

Any claim relating to Performance Art Athletics web site shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions.

Privacy Policy

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Cookie Policy

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