Event Disclaimer
This following Web site Terms and Conditions Agreement (the “Agreement”) governs your use of this Web site (Relevé Dance Competitions) operated by Relevé Dance Competitions and includes our business partners (“we”, “our”, or “us”). Your use of Relevé Dance Competitions constitutes your acceptance of the Agreement. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of Relevé Dance Competitions, which license and permission we may revoke at any time, as described below.
By participating at any event of Relevé Dance Competitions I understand and agree that by participating at any competition, dance class, workshop, rehearsal, or performance, even virtually, there is a possibility of physical injury and, in rare circumstances, death. I agree to release and hold harmless Relevé Dance Competitions, 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 Relevé Dance Competitions liable for any personal injury or any personal property damage, which may occur, during or after events/classes. 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.
It is hereby agreed & confirmed by the Studio that said studio has acquired all right, title & licensing for any choreography and music to be used at any Relevé Dance Competitions event or competition, Studio further infers that they will fully indemnify and hold Relevé Dance Competitions harmless for any failure by studio to acquire all rights to choreography which will include all costs, fees (to include attorney fees), and all other measures of damages. We further acknowledge that all deposits and fees paid to Relevé Dance Competitions are non-refundable.
We also give Relevé Dance Competitions permission and a worldwide royalty-free license to use any photos and/or videos of this competition and/or of any minor/participant for sales, advertising, media offerings, commercial entertainment and development purposes, TV, the Internet, the website, news coverage, or for providing to other media outlets for use in accordance with this agreement. Therefore, the minor/participant has Our attested legal authority to participate in Relevé Dance Competitions Events. We warrant that the information is complete and correct. We further release Relevé Dance Competitions of all liabilities associated with the minor/participants’ attendance at a Relevé Dance Competitions Event.
We further hereby agree to indemnify Relevé Dance Competitions and hold Relevé Dance Competitions harmless of all liability, and freely assumes all inherent risks both known and unknown, and hereby acknowledge that We knowingly and voluntarily by free will to assume full responsibility for all of our statements and attestations set forth above, for all legal positions We swear to possess, for all risks of physical injury arising out of active participation in the Relevé Dance Competitions event by any minor/participant, all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result for any act or omission or false statement.
On behalf of the participating studio parties I hereby swear and attest that I and the set forth dance studio all necessary and required permission and authorization of all necessary parents and/or guardians herein of all minors hereby registered and participating, and as such on behalf of said minors/participants fully release Relevé Dance Competitions International, its owners, directors, employees, agents, independent contractors, subsidiaries, parent corporations, and all affiliated entities (hereinafter collectively referred to as “Relevé Dance Competitions”) from any and all claims, damages, liability, illness (including but not limited to MRSA, influenza, and COVID-19), loss of service, and causes of action of any kind including negligence or future negligence which may occur while participating in any activity connected with, or at, a Relevé Dance Competitions Event. This release is fully given as it is acknowledged that there are risks of physical injury, or exposure to and illness from infectious diseases associated with, arising out of and inherent to the activity of dance or attendance at a Relevé Dance Competitions Event. We, therefore, with herein sworn to and attested legal authority do hereby voluntarily waive all right and/or causes of action as set forth above and knowingly assume the risk of any injury or illness. We also swear and attest that all necessary parents and/or guardians herein of all minors hereby registered and participating in any Relevé Dance Competitions events have fully read, understand, and accept all provisions set forth in the Relevé Dance Competitions Release Form in which We provided to said parents and/or guardians and which are provided on the Relevé Dance Competitions website www.relevedc.com.
We acknowledge that Relevé Dance Competitions is following all guidelines, including but not limited to guidelines from the CDC.
1. Copyright Rights
We own or license all copyright rights in the text, images, photographs, graphics, user interface, and other content provided on Relevé Dance Competitions, and the selection, coordination, and arrangement of such content, to the full extent provided under the copyright laws of the United States and other countries. Except as provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of Relevé Dance Competitions for any purposes, and nothing otherwise stated or implied in Relevé Dance Competitions confers on you any license or right to do so.
You may use Relevé Dance Competitions and the contents contained in Relevé Dance Competitions solely for non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from Relevé Dance Competitions, whether to create or compile, directly or indirectly, a collection, compilation, database, or directory, is prohibited absent our express prior written consent.
2. Music
All music provided to Relevé Dance Competitions by a studio/participant for use at a Relevé Dance Competitions event must be properly licensed for live performance use. It is the studio/participants responsibility to obtain any and all licenses necessary for use of music at a Relevé Dance Competitions event. Therefore, by virtue of entering this event, it is agreed that participants, guardians, and teachers agree to hold harmless and indemnify Relevé Dance Competitions or its officers, directors’ officials, staff or employees from any and all claims associated with use of studio/participants selected music.
3. Modification of This Agreement
We reserve the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Agreement to which you are bound. Your use of Relevé Dance Competitions after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use Relevé Dance Competitions.
4. Links
This Service may contain links to other services (“Linked Services”). The Linked Services are not under our control, and we are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. This Service provides links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering Internet services, products, or services on the Linked Services.
You may link to the home page of Relevé Dance Competitions without obtaining our permission provided that you do so only through a plain-text link. For any other type of link to Relevé Dance Competitions, you must obtain our permission. To seek our permission, you may write to Relevé Dance Competitions 12172 S Hidden Maple Cove, Riverton, Utah 84065. If you provide a third-party Web site that links to Relevé Dance Competitions, you: (a) shall not create a frame, browser or border environment around any of the content of Relevé Dance Competitions (b) may link to, but not replicate, Service content; (c) shall not imply that we endorse or sponsor your Web site or any of its products or services; (d) shall not present false information about us, Relevé Dance Competitions or any of our products or services; (e) shall not use any of our trademarks without our express prior written permission; and (f) shall not include any content that could be construed by us as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to Relevé Dance Competitions from any Web site, and to require termination of any link to Relevé Dance Competitions, for any reason in our sole and absolute discretion.
5. Obligations
You are required to comply with all applicable laws and regulations in connection with your use of Relevé Dance Competitions, and such further limitations as may be set forth in any written or on-screen notice from us. By using Relevé Dance Competitions, you represent and warrant that you will not use Relevé Dance Competitions for any purpose that is either unlawful or prohibited by this Agreement.
6. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through Relevé Dance Competitions that:
(a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 8 of this Agreement;
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 8 of this Agreement;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous, or embarrassing to any other person or entity or in violation of applicable law, as we may determine in our sole discretion;
(e) is sexually explicit;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information.
You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of Relevé Dance Competitions, or for purposes of registering for any promotions offered through Relevé Dance Competitions;
(b) delete or revise any material or other information of any other user of Relevé Dance Competitions;
(c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on Relevé Dance Competitions ‘s infrastructure;
(e) use any device, software, or routine to interfere or attempt to interfere with the proper working of Relevé Dance Competitions or any activity being conducted on this site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search Relevé Dance Competitions to harvest or otherwise collect information from Relevé Dance Competitions to be used for any commercial purpose;
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Relevé Dance Competitions.
You further agree not to violate or attempt to violate the security of Relevé Dance Competitions, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, Relevé Dance Competitions;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of Relevé Dance Competitions or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
7. Content
We reserve the right (but do not have the obligation) to review postings on Relevé Dance Competitions, to remove any of Your Content (as defined below) at any time, and to terminate your ability to post Your Content to Relevé Dance Competitions at any time, without notice, in our sole discretion.
We reserve the right to (1) disclose any information about you or your use of our Web site and Relevé Dance Competitions in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request, and (2) edit, refuse to post or to remove any of Your Content, in whole or in part.
8. Conduct
You are responsible for, and assume all liability associated with, any material you make available or transmit through Relevé Dance Competitions, whether through chat rooms, messages boards or other forums, including liability for claims of infringement, and slander.
9. License Granted
We do not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through Relevé Dance Competitions (expressly excluding your user data, which we collect in accordance with Relevé Dance Competitions Privacy Policy) (“Your Content”). However, by submitting or posting Your Content, to or through Relevé Dance Competitions you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and freely sublicensable right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content anywhere, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed. No compensation will be paid with respect to any use of Your Content by us or our licensees. We are free to use any ideas, concepts, know-how, or techniques contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using Your Content. We are under no obligation to maintain any of Your Content and may remove any of Your Content at any time in its sole discretion.
By posting or submitting Your Content to Relevé Dance Competitions you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law.
10. Notice of Copyright Infringement
If you believe that any of your work has been copied and is accessible on Relevé Dance Competitions in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on Relevé Dance Competitions that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the you or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement.
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
1Registration, Username, Password, Security
(a) Registration. Registration may be required for the use of certain portions of Relevé Dance Competitions. Your registration shall not impose any duty on us to provide any service to you. If the terms of any of our registration agreements conflict with the terms of this Agreement, the registration agreement shall control.
(b) Your User Identity. Your username and password will be your identity for purposes of interacting with Relevé Dance Competitions and other users through Relevé Dance Competitions.
(c) Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for Relevé Dance Competitions. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of Relevé Dance Competitions. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
(d) Security Breaches and Revision. If any unauthorized person obtains access to Relevé Dance Competitions because of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
12. Privacy Policy
We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in Relevé Dance Competitions Privacy Policy. You, in turn, agree and consent to the terms of Relevé Dance Competitions Privacy Policy by your use of Relevé Dance Competitions.
13. Access to Relevé Dance Competitions
In order to access Relevé Dance Competitions, you must have access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
14. Disclaimer of Warranties
Relevé Dance Competitions is provided “as is”. We make no representation or warranty of any kind whatsoever to you or any other person relating in any way to Relevé Dance Competitions, including any part thereof, or any web site or other content or service that may be accessible directly or indirectly through Relevé Dance Competitions. We disclaim to the maximum extent permitted by law, all such representations and warranties. Without limiting the generality of the foregoing, we disclaim, to the maximum extent permitted by law, any and all (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third-party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors, or omissions in Relevé Dance Competitions, or any part thereof, (iv) warranties relating to the transmission or delivery of Relevé Dance Competitions, (v) warranties relating to the accuracy or correctness of data, and (vi) warranties otherwise relating to performance, nonperformance, or other acts or omissions by us or any third party. Further, and without limiting the generality of any of the foregoing, there is no warranty that Relevé Dance Competitions will meet your needs or requirements or the needs or requirements of any other person. We make no warranties or representations, express or implied, that the information provided through Relevé Dance Competitions will be free from error, omission, interruption, defect, or delay in operation. Any information on this service is subject to change without notice, and we disclaim all responsibility for these changes, including, but not limited to, changes to prices, discounts, and hours or operation.
15. Limitation of Liability
In no event will we or any of our affiliates, or any party involved in creating, producing or delivering Relevé Dance Competitions, or any web site linked to or from this service, be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special or punitive damages (including lost profits, loss of business or data, business interruption, trading losses, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of Relevé Dance Competitions) arising out of or in any way related to Relevé Dance Competitions, your access, use or inability to use Relevé Dance Competitions or any web site linked to or from Relevé Dance Competitions, any content contained therein, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if we or any third party has been advised of the possibility of such damages or losses. We reserve the right to alter the content of Relevé Dance Competitions in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.
The limitations in this section 14 apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
In no event shall our total liability to you for all damages, losses, or causes of action arising under this agreement exceed one hundred dollars ($100.00).
16.Safety
We have taken enhanced health and safety measures—for you, our other Guests, and Staff—and we ask that you follow all posted instructions while attending a competition. However, an inherent risk of exposure to COVID-19 currently exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and Guests with underlying medical conditions are especially vulnerable.
By visiting a Relevé Dance Competitions, you voluntarily assume all risks related to exposure to COVID-19.
17. Injury or Loss
There is an inherent risk of injury involved with dance and athletic activity. Relevé Dance Competitions makes no warranties or representations, either expressed or implied, to prevent injuries to individual participants. Participants and teachers understand that any competitors in Relevé Dance Competitions take inherent risks. These include, but are not limited to, sprains, bruises, pulled muscles, and broken bones. Participation in this competition indicates the acceptance of such risks by performers. Therefore, by virtue of entering this event, it is agreed that participants, guardians, and teachers agree to hold harmless and indemnify Relevé Dance Competitions its officers, directors’ officials, staff, employees, or the hosting facility for injuries sustained or illnesses contracted while in attendance or participating in any activity related to a Relevé Dance Competition. Relevé Dance Competitions and the hosting facility are not responsible for personal injury to contestants or spectators.
Relevé Dance Competitions is not responsible for lost or stolen property. Do not leave your property and valuables unattended in the auditorium or dressing rooms.
18. Indemnification
Upon our request, you agree to indemnify and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of any of Your Content that you submit, post to or transmit through Relevé Dance Competitions, your use of Relevé Dance Competitions, your violation of this Agreement or your violation of any rights of another.
19. Relevé’s Video & Photography Use
Participants and teachers by virtue of entering a Relevé Dance Competitions event give their permission and consent to the directors of Relevé Dance Competitions to use their images, photographs or appear in videos, television, or any other electronic media for advertising, news coverage or any other commercial use of our events.
20. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us and governs your use of Relevé Dance Competitions superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on Relevé Dance Competitions changes to this Agreement, or by a subsequent writing signed by us.
21. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us because of this Agreement or your use of Relevé Dance Competitions. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of Relevé Dance Competitions or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. Termination
We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of Relevé Dance Competitions, with or without notice and with or without cause. Termination of your access to Relevé Dance Competitions means the revocation of the limited and temporary license and permission to use the software and other resources of Relevé Dance Competitions we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to Relevé Dance Competitions and of this Agreement.
23. Notices
At our option, we may give notices to users of Relevé Dance Competitions by posting a message on Relevé Dance Competitions, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail. Notices to us by conventional mail must be sent to: Relevé Dance Competitions 12172 S Hidden Maple Cove, Riverton, Utah 84065. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.
24. Mobile Services
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
25. Returns, Refunds and Payments
Payments will need to be received prior to each adjoined competition, Failure to pay for a routine will result in the routine not being registered at the competition. Relevé Dance Competitions reserves the right to refuse service to anyone. We do not offer any returns on registration from our website. All canceled registrations are subject to a processing fee and the remaining money will be credited to the account that the routine was registered with.
26. Force Majeure Event
Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming Party promptly provides notice of such prevention to the other Party. Such excuse shall be continued so long as the condition constituting force majeure continues. The Party affected by such force majeure also shall notify the other Party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the Parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer.
27. Payment
By preregistering for Relevé Dance Competitions Events I agree to pay my outstanding debt according to the following schedule, terms and conditions:
1. I agree and accept responsibility for payments when payments are due and will continue until the account is paid in full.
2. I understand all payments are to be made payable to Relevé Dance Competitions.
3. I understand it is my responsibility to notify Relevé Dance Competitions of any changes to any address, phone, name, or email changes.
4. I understand any payment returned by my banking institution for “Insufficient Funds”, “Stop Payment”, “Account Closed” or any other reason will immediately cause the account to become delinquent and thereafter placed in a collection status which may include referral to a collection agency.
5. I understand that I may make additional payments beyond the agreed monthly payment at any time; however, I am still responsible for continuing to make the minimum payment.
6. I understand I will not be able to register for competition with Relevé Dance Competitions or receive a scheduling information until this debt is paid in full.
7. I further understand and agree that if I do not follow through with any portions of the above- stated schedule of payments, terms and conditions, and/or if any installment is delinquent beyond ten (10) days, this account, at the sole option of Relevé Dance Competitions may be declared immediately due and payable in full. I promise to pay all attorney fees and other reasonable collection costs and charges necessary for the collection of any amount not paid when due. I understand that, if my account is referred to a collection agency, the collection fee is ordinarily thirty-three and one-third percent (33 1/3%) of the total outstanding balance due, for which I will be responsible in addition to the principal debt due and payable.