Terms and Conditions

DANZIBA FITNESS TERMS OF SERVICE


STUDENTS:

DANZIBA FITNESS ONLINE CLASS TERMS AND CONDITIONS: LIVE STREAMING & PRE-RECORDED CLASSES: By taking part in Danziba Fitness Virtual classes you are agreeing to the following terms and conditions: PARENTS/ CARETAKERS:(a)  Please be aware on Zoom that it is possible to share your screen with the class coach and this will also allow you to be seen by the rest of the class.(b)  By taking part in these lessons on Zoom, and having your camera active, we will take this as consent to being seen by your classmates, however you have the ability to turn off the camera and audio if you wish.(c)  Please note lessons on Zoom are completely private and only Danziba Fitness students will be able to access them.(d)  Please note that each app has its own T&Cs which are in no way associated with Danziba Fitness and should be checked independently before use.(e)  PARENTS/ CARETAKERS: Before taking part in any of our virtual classes including Zoom, YouTube and any other live streaming classes, you are responsible for ensuring the space you undertake this online class is suitable and safe, and this includes:- ensuring the space is a sufficient size to accommodate you moving freely and the space should also be free from obstacles/ dangerous items.- the device is set up in a communal space where a parent/adult is present (i.e. not bedrooms)- anyone who may be visible during the class should always be dressed appropriately - Please take extra care to ensure that private or sensitive data is not shared; for example, bills, letters or emails (both physical and digital) should not be on display- You should not allow siblings to participate alongside you if they are not the appropriate date or fitness level to take part- We require you to be warmed up before the dance class, and to inform the teacher of any injuries or conditions that they need to be aware of. If this is of a personal nature, you should send an email to [email protected], or email of the scheduled instructor the day before class.- We accept no liability for any injuries sustained by those participating in the classes, nor do we accept any liability for damage to personal property caused during the dance classes.- All under the age of 16 must be supervised during the class by an appropriate adult.By signing up to take part in these online classes and being apart of our dance community, you agree to adhere to the above terms.- If the participant is unable to follow the teacher’s instructions, they must cease the class immediately until it is possible to ask the teacher for further guidance. 
To join our ZOOM or Instagram Live classes please follow the next steps: Download ZOOM app for FREE onto your laptop, tablet or other device. (NB. Smart phones do have small screens and so can prove challenging to follow online classes and pick up the detail).
• You can visit your own App Store, or download through this link here (choose laptop, or smart phones)
• Once you Zoom account is created, you will receive an email invitation from Zoom. You need to open this email and click ‘Activate your Zoom Account’.
• You then click ‘Sign up with a password’, and then enter your first and last names.
• Once you have created and confirmed your password, you then need to click ‘Continue’. Only once you have pre-booked the class will you receive the ‘Meeting ID and Password’ required for you to log-in and access the class. You can join via the link or ID/Password. 
Note: Please log in to the class at least 5 minutes before the class is due to start so that we know you are there and so that you don’t miss the beginning, as we will be starting on time. 
Note: Make sure you have also cleared the space around you if you have signed up for a practical session, and that you are appropriately dressed and safe to dance. 
 When joining a class to help you get the best experience:
• select ‘Enter Full Screen’ (the square icon in the top right-hand-corner of your screen) • select ‘Speaker View’ 
 For Instagram Live Sessions, you will need to follow our handle @danzibafitness to stay updated on schedules for classes.**** VIDEO SHOWCASE RECORDING AND UPLOADING GUIDELINES: ALL PARTICIPATING STUDENTS IN DANZIBA FITNESS VIDEO SHOWCASES WILL RECEIVE DETAILED INSTRUCTIONS REGARDING RECORDING AND UPLOADING CONTENT FOR SHOWCASES. STUDENTS WILL BE REQUIRED TO ADHERE TO ALL GUIDELINES AND INSTRUCTIONS IN ORDER TO BE INCLUDED IN EACH SHOWCASE ENROLLMENT 1 All students must be enrolled by completing the STUDENT REGISTRATION FORM WHICH INCLUDES THE DANCE CONSENT, PHOTOGRAPHY AND VIDEO CONSENT, AND DATA AND CHILD PROTECTION POLICY. 2 By enrolling at DANZIBA FITNESS, you adhere to the Terms and Conditions set out hereafterTUITION FEES 3 Unless participating in our ongoing donation based classes, all students are obliged to pay a class fee according to a price set by individual instructors. You will receive information on how to set up your payments by each individual instructor, after your class trial. 4 All payments are to be made electronically via the DANZIBA FITNESS website, or associated program payment links. Cash payments will not be accepted for virtual classes. 5 Fees will be reviewed annually.UNIFORM POLICY 6 Unless participating as a new trial student, ongoing students are required to wear a basic DANZIBA FITNESS performance t-shirt, or other designated performance wear for all virtual showcases, whether live or recorded.. 7 Uniforms are not required during virtual class attendance.CANCELLATIONS 6 Occasionally it is necessary to temporarily change the venue of a class or postpone it to a later date. Where this occurs DANZIBA FITNESS will try to notify parents/carers by either email/letter, text, Instagram Post, or by our Facebook closed member group. 7 DANZIBA FITNESS reserve the right to cancel any classes, any time up to and including the date the class starts. Should this occur we will endeavor to give you as much notice as possible via our Instagram handle, closed member group page on Facebook, email, and text. In these rare circumstances a replacement class will be arranged for a future date, or a credit note will be raised. CODE OF CONDUCT – STUDENTS 8 Students are expected to demonstrate respectful behavior towards their teacher and fellow students. 9 Unless participating as a new trial student, ongoing students must adhere to the correct uniform for all virtual showcases, live or recorded. 10 Students are to arrive in good time for their classes to ensure they do not miss the essential warm-up. Latecomers will not be able to join the class until they are warm, to prevent injury. 11 Students are not permitted to use mobile phones during a class. Any mobile phones brought into the class must be switched off. 12 Photography or recording video is prohibited in class time by students, without prior permission. 13 Students are responsible for their own property and bring items at their own risk. CODE OF CONDUCT – PARENTS/CARERS 14 Parents/ Carer must supervise any child under the age of 16 during virtual classes 15 It is the parents/carers responsibility to inform DANZIBA FITNESS of any changes regarding the students’ medical conditions or emergency contact details. In this case please complete a new registration form. 16 It is the responsibility of the parent/carer to notify DANZIBA FITNESS of any illness or injury that may affect the child’s participation at class.  17 It is the responsibility of the parent/carer to regularly read the Website/Facebook for information in order to be fully aware of all upcoming events. 18 DANZIBA FITNESS reserves the right to refuse admittance to any parent/carer of a student of the classes, if that person demonstrates inappropriate, violent or abusive behaviour/communications to any staff member, student or other parent at DANZIBA FITNESS.USE OF PHOTOGRAPHY, VIDEO AND AUDIO RECORDINGS 19 DANZIBA FITNESS may take photographs of the students and use these images in our class prospectus or in other printed publications that we produce, as well as on our website, Facebook, Instagram and Twitter pages. 20 DANZIBA FITNESS may also make video and audio recordings of students in class, performing at events and our showcases. These videos may be used on our website, You Tube, Vimeo, Facebook, Instagram, Google+, Twitter pages or DVD’s. 21 From time to time, DANZIBA FITNESS may be visited by the media who will take photographs of students, which may appear in local or national newspapers or televised news and commercial programs.  22 Parent/Carer consent must be given to the use of all photography and video recordings in line with these terms and conditions, otherwise their children may not be able to take part in classes or other performances. 23 No photography or videoing of any student/s in class time is permitted by students or parents/carers, without prior permission.REFUND POLICY 24 DANZIBA FITNESS is under no obligation to refund payments made for uniforms, and donation based classes. We do however offer students the option to attend any other class of their age or skill range to make up for the lesson missed, the same as we do when a Bank Holiday falls on a day when you usually take class.BANK HOLIDAYS/ BAD WEATHER 25 If DANZIBA FITNESS instructors post a scheduled class, classes will continue to take place. However, if DANZIBA FITNESS and / or a network instructor observes a bank, federal, or religious holiday, classes will be cancelled. We will update via the web page, Facebook and Instagram to notify parents.MISCELLANEOUS 26 A certain amount of risk is involved by taking part in any physical activity. Students taking part in any classes or events run by Gemini School of Dance do so at their own risk. 27 All teachers are qualified, DBS checked and insured. However, due to the nature of teaching dance, sometimes it is necessary to correct positions physically. This is always conducted with care and professionalism. 28 The school timetable may be revised at any time. Privacy Policy for DANZIBA FITNESSAt DANZIBA FITNESS, accessible from danziba.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by DANZIBA FITNESS and how we use it. If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect with DANZIBA FITNESS. This policy is not applicable to any information collected offline or via channels other than this website.ConsentBy using our website, you hereby consent to our Privacy Policy and agree to its terms.Information we collectThe personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.How we use your informationWe use the information we collect in various ways, including to: • Provide, operate, and maintain our website • Improve, personalize, and expand our website • Understand and analyze how you use our website • Develop new products, services, features, and functionality • Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes • Send you emails • Find and prevent fraudLog FilesDANZIBA FITNESS follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information. Our Privacy Policy was created with the help of the Privacy Policy Generator and the Online Privacy Policy Generator.Cookies and Web BeaconsLike any other website, DANZIBA FITNESS uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.For more general information on cookies, please read "What Are Cookies". Advertising Partners Privacy Policies: You may consult this list to find the Privacy Policy for each of the advertising partners of DANZIBA FITNESS. Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on DANZIBA FITNESS, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.Note that DANZIBA FITNESS has no access to or control over these cookies that are used by third-party advertisers. Third Party Privacy Policies: DANZIBA FITNESS’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites. CCPA Privacy Rights (Do Not Sell My Personal Information) Under the CCPA, among other rights, California consumers have the right to:Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.Request that a business delete any personal data about the consumer that a business has collected. Request that a business that sells a consumer's personal data, not sell the consumer's personal data.If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.GDPR Data Protection Rights: We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.The right to erasure – You have the right to request that we erase your personal data, under certain conditions.The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us. Children's Information- Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. DANZIBA FITNESS does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.



DANCE TEACHERS & NETWORK ARTISTS:

1. Online Advertising and Marketing Services
Danziba Fitness offers a variety of services to improve a registrant’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.
Danziba Fitness provides search engine marketing, optimization and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, MojoPages, Kudzu, Merchant Circle, OnStar, Craigslist, Kijiji, local online newspapers, Facebook, YouTube and other sites. The terms and conditions of these providers all apply. Danziba Fitness will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
2. Advertising Material
Danziba Fitness has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorize Danziba Fitness to develop content based on information or material provided by you or your designees and collected by Danziba Fitness including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to Danziba Fitness is truthful, not misleading, and that you have the authority to represent this product and service information to Danziba Fitness. Additionally, if so contracted, you authorize Danziba Fitness to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, articles, press releases, and blog postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. For this reason, all monthly content will be considered approved one week after the content was sent for approval unless requested edits or other communication is received from the client. Finally, you authorize Danziba Fitness to utilize tracking phone numbers, and even record calls on your behalf, for ‘customer service’ purposes, and upon automatic notification to all incoming callers on tracking phone numbers if/when that service is contracted. Domains purchased on your behalf will be released to you within thirty (30) days after service has been terminated.
3. Unacceptable Practices
As Danziba Fitness strives to offer the very best service, there are certain guidelines and policies that must govern Danziba Fitness’ efforts and relationships with its clients.  Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Danziba Fitness’ services.  Such decisions are at the sole discretion of Danziba Fitness.  Unacceptable practices include, but are not limited to:
Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
Sexually oriented products or services (e.g. escort services), or other sexually oriented material
Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
Lingerie websites
Offensive or otherwise distasteful material
Content or language that is harmful to minors in any way
Bulk emailing tools
Distribution of internet viruses or other harmful or destructive activities
Hacking and cracking
Scams or phishing for personal information
Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at CWS’ discretion)
Illegal Gambling, gaming, lotteries, and like activities  Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy,  racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language
Defamatory, hateful or revenge content or language.
Aids to pass drug tests or aids to pass lie detector tests.
Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism,
Piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products
Reverse Funnel Systems
Cash Gifting
Illegal drugs or drug paraphernalia
Alcohol sales
Tobacco sales
Miracle cures
Fake documents
Fireworks, pyrotechnics, firearms, explosives or weapons.
Intentional or unintentional violations of any applicable local, state, national or international law.
Reselling of email accounts or hosting accounts to third parties.
Reselling of any Danziba Fitness services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement.
Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
Links to other sites that are in violation of Danziba Fitness’ policies and guidelines
Other activities, whether lawful or unlawful, that Danziba Fitness deems to be in poor taste or that reflect adversely on Danziba Fitness or Danziba Fitness’ other clients
Upon the contingency which Danziba Fitness accepts a contract for services on this list, any and all work performed will be compensated regardless of approval by Google, Bing, Yahoo, or any other outside agency.
4. Fees
You agree to pay Danziba Fitness monthly fees to cover the cost of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated in your most recent Danziba Fitness Contract, or as listed on Danziba Fitness’ website. Danziba Fitness may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications. All monthly fees are due at the end of each calendar month.
All credit card payments require a 3% processing fee.  If an account becomes 45 days past due, all campaign activities will be paused until payment is made and the account is current.  At 90 days past due, the account may be handed over to collection.
Danziba Fitness has the right to charge incremental media markup fees on any media accounts up to 25% to cover the additional cost of placing media.
5. Payment
The Client agrees to pay Danziba Fitness compensation for the Services agreed upon as listed on the Danziba Fitness website, as applicable. Payments shall be made on the final day of each month for Services to be rendered by the Company in the following month. New registrations or services that initiate service on any day other than the 1st of the month, will be billed at the same fee for the remaining days in that month. Marketing and advertising programs may be paused or cancelled if payment has not been made by payment due date, or a late charge of $10 per calendar day (for up to 10 calendar days) may be applied.
6. Term
The Danziba Fitness services are run on a month to month basis, the term for which rates will be guaranteed. All services are provided on a pay as you go basis, with an option to renew at the registrants discretion.
7. Representations and Warranties; License and Grant of Rights
You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations.
8. Indemnification
Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless Danziba Fitness against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to Danziba Fitness resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.
8. No Guarantees
You acknowledge and agree that Danziba Fitness makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. Danziba Fitness does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query. Danziba Fitness does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.
9. Disclaimer of Warranties
To the maximum extent permitted by applicable law, Danziba Fitness and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Danziba Fitness services.
10. Limitation of Liability and Applicable Law
The maximum aggregate liability Danziba Fitness may have to you will be limited to the total amount of fees collected from you. Danziba Fitness will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by Danziba Fitness. This agreement shall be governed and construed by the laws of the State of Georgia. Any claims against this agreement must be made within 6 months from the date of the subject of the claim, and must be made in writing to: Danziba Fitness, P.O. BOX 661002 Bronx, NY 10466 Attention: Princess Smith. Should a claim arise, you agree to waive a trial by jury and to first seek resolution by arbitration in Bronx County, NY using a mutually agreed upon member of the American Arbitration Association.
11. Force Majeure
Neither you nor Danziba Fitness will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.
12. Assignment
Danziba Fitness may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.
13. Miscellaneous
This Terms and Conditions of Service represent the parties’ entire agreement with regard to Danziba Fitness’ provision of services. Agreement with these terms and conditions is upon signature of Danziba Fitness’s registration form, and it will be binding upon you and your successors.
14. Authority
The person signing the registration form certifies that (s)he is lawfully authorized to purchase services on behalf of your company.
15. Effective Upon Execution
Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.