Terms of Service

I. Acceptance of Terms & Governing Agreement

Welcome to the Sunrise Pointe Dance Company (SPDC) website. By visiting, accessing, viewing, consuming any content, or otherwise using or accessing this website (the "Site") or any resources, platforms, or systems operated by SPDC, you unequivocally agree to be bound by these Terms of Service (ToS).

This ToS is a legally binding agreement. If you do not agree to be bound by all the terms herein, you must immediately cease all use of the Site and SPDC resources.

A. Integrated Policies

By using the Site, you agree to be bound by, and comply with, all other policies, statements, and rules incorporated into this ToS, including:

  • The Privacy Policy

  • The Accessibility Statement

  • Any rules, agreements, or releases required for participation in SPDC programs (online or offline).

Changes to Terms: We reserve the right to modify this ToS at any time. You acknowledge that we are not obligated to notify you of changes, and you are responsible for checking this ToS periodically for updates. Your continued use of the Site following any changes constitutes your full acceptance of those changes.

II. Use of the Site and General Provisions

A. Target Audience and Children's Use

The Site is not primarily built or designed for children to be the direct, primary users or visitors. However, because our services revolve around children:

  • Adult Responsibility: The use and visitation of this Site, any platforms, tools, or systems operated by SPDC by any child under the age of 18 must be under the direct supervision and with the express permission of a parent or legal guardian.

  • Indemnification: The parent or legal guardian remains responsible for the child's conduct, use, and visitation of the Site and any related platforms, and agrees to indemnify SPDC for any harm arising from the child's use.

B. Future Member Accounts

We may offer future member-only access to certain sections of the Site (e.g., schedules, class tips, class information). If you access these features, you agree:

  • To maintain the confidentiality of your account credentials.

  • To maintain the confidentiality of any content or information you may access.

  • That access is for current students and families only.

  • That SPDC may terminate your access without notice if you violate this ToS.

III. Intellectual Property and Content Rights

A. SPDC Ownership and Copyright

All content on this Site is the property of Sunrise Pointe Dance Company (SPDC). This includes all text, images, forms, data, logos, trademarks, and videos.

  • Copyright: SPDC owns the copyright to all content, images, forms, data, etc., on and around the Site and any connected platforms we utilize.

  • Limited License: Content provided to you, such as dance training or stretching videos, blog posts, or tips, is for informational, personal, and non-commercial use only. You may not reproduce, distribute, or commercially exploit any content without express written permission from SPDC.

  • Third-Party Content: Some images or content may be provided by third parties via a license (e.g., Squarespace's stock photos) or public domain. This third-party content is subject to the original owner's terms, but all usage rights on this Site are claimed by SPDC.

B. User Generated Content (UGC)

While we may prohibit general user content, if the Site (e.g., a future blog) permits user-generated content (UGC), including comments or reviews:

  • Disclaimer: SPDC is not responsible for the content, accuracy, legality, or nature of any UGC posted by visitors or third parties.

  • Removal: SPDC may review, delete, or remove any UGC at any time for any reason without notice.

  • Grant of License: By submitting any UGC via the Site, forms, or any platforms we utilize, you grant SPDC an irrevocable, perpetual, royalty-free, and worldwide license to maintain, use, reproduce, modify, adapt, publish, and distribute that UGC as SPDC sees fit for any purpose, including internal business or promotional use. This license applies unless superseded by the specific policies of an external platform (e.g., social media).

C. Limited License for Member Content

If SPDC grants access to private or member-only areas (e.g., for schedules, practice videos, or tips) via the Site or private communication groups, the following terms apply:

  1. Confidentiality: You are responsible for maintaining the confidentiality of any user account credentials or access links provided to you.

  2. Limited License: Any content (including videos, schedules, tips, or practice guides) viewed or accessed in these private areas is provided to the designated parent/guardian and student under a private, non-commercial, limited-time use license.

  3. Revocability: This license is non-transferable and may be revoked by SPDC at any time, for any reason, without notice.

D. Recital Media and Restricted Use License

Any DVDs, digital copies, or photography sold or provided to you by or for SPDC (including professional photos of students, groups, or events) are subject to the following restrictions:

  1. Private License: These media items are provided under a private, non-commercial license for personal viewing and enjoyment only.

  2. Duplication and Public Sharing: Duplication, copying, or replication of the footage or photos is strictly prohibited without explicit written permission from SPDC.

  3. Social Media & Public Platforms: Clips, whole footage, or photographs provided by or for SPDC are not permitted to be shared publicly or via social media (e.g., YouTube, Facebook, TikTok) without express written permission from SPDC.

  4. Personal Devices: This restriction applies only to media items owned, licensed, or exclusively provided by SPDC and does not apply to photos or videos taken by parents/guests on personal devices at SPDC events, provided they have prior permission to film/photograph.

IV. Disclaimers and Limitation of Liability

A. General Disclaimer of Advice and Responsibility

Any information, videos, or blog posts provided on this Site, or any instruction given by SPDC staff regarding health, exercise, stretching, or general wellness, is for informational purposes only.

  • No Professional Advice: The content is not professional medical, health, muscle, training, or injury advice. Always consult a qualified professional before making decisions regarding your or your child's health or training regimen.

  • Waiver of Responsibility: SPDC's teachers and staff possess knowledge to instruct dance, but we are not responsible for any direct or indirect health impact, physical injury, emotional injury, or other damages sustained by a student or family member related to participation, instruction, or content derived from SPDC.

  • Parental Oversight: Parents and legal guardians are responsible for ensuring the child is medically and physically fit to participate in dance classes.

B. Third-Party Links and Transactions

This Site contains links to external websites and embedded services (including Zeffy, Cheddar, and social media platforms).

  • Disclaimer: SPDC has no control over the privacy policies, content, or security of these third-party sites. We strongly recommend reviewing the separate terms and policies of any external link you follow.

  • Transaction Security: Transaction processing is handled by third-party services (like Zeffy, Stripe, and Cheddar). While you are required to keep your account credentials confidential, SPDC disclaims all liability for any errors, security breaches, or data issues arising from your use of these external platforms.

C. Limitation of Liability

You expressly agree that your use of the Site and SPDC's resources is at your sole risk. The Site is provided on an "as-is" and "as-available" basis.

  • Waiver and Indemnification: To the fullest extent permitted by applicable law, you agree to release, indemnify, and hold harmless Sunrise Pointe Dance Company (SPDC), its directors, staff, volunteers, partners, affiliates, and agents from any and all damages, claims, costs, or liabilities arising from or related to your use of the Site, including any alleged breach of this ToS.

V. Governing Law and Dispute Resolution

A. Governing Law

This ToS shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.

B. Dispute Resolution

In the event of any dispute or claim arising out of or relating to this ToS or your use of the Site, the parties agree to seek resolution through the following mandatory steps:

  1. Mediation: The parties agree to first attempt to resolve the dispute through non-binding mediation in the Eastern Region of Tennessee (Washington County, TN). Mediation must be attempted in good faith before proceeding to arbitration.

  2. Arbitration: If mediation fails, the dispute shall be resolved solely by binding arbitration administered by a recognized arbitration service (such as the American Arbitration Association) and conducted within the Eastern Region of Tennessee.

You agree to waive any right to bring any claim or action related to the Site or the ToS in any court outside of these mandatory dispute resolution processes.