TERMS OF SERVICE

These Terms of Service constitute an agreement between you and Neglia Ballet (“Neglia Ballet,” “we,” “us,” or “our”) concerning your access to and use of:

• The Neglia Ballet website
• Online registration and inquiry forms
• Ticketing, payment, and donation pages
• Email and text-message services
• Any other website, portal, application, or digital service operated by or on behalf of Neglia Ballet that links to these Terms

These services are collectively referred to as the “Site.”

By accessing or using the Site, submitting a form, making a purchase or donation, or registering for a program through the Site, you acknowledge that you have read, understood, and agreed to these Terms and the Neglia Ballet Privacy Policy.

If you do not agree to these Terms, you should not use the Site.

Neglia Ballet may publish additional terms, policies, enrollment agreements, releases, waivers, or rules applicable to particular classes, programs, performances, auditions, events, transactions, or services. Those additional terms are incorporated into these Terms where applicable.

The Site is intended primarily for adults, parents, guardians, patrons, donors, and individuals legally able to enter into binding agreements.

Children under 13 may not submit personal information directly through the Site. A parent or legal guardian must submit inquiries, registrations, and other information on behalf of a child under 13.

Individuals between 13 and 17 may use the Site only with the knowledge and supervision of a parent or legal guardian.

A parent or legal guardian must complete or authorize:

• Program registrations
• Tuition agreements
• Payments
• Liability waivers
• Medical and emergency forms
• Media releases
• Other legally binding documents concerning a minor

By registering a minor, the parent or guardian represents that they have legal authority to do so.

The Site provides information concerning Neglia Ballet’s programs and activities, which may include:

• Children’s ballet programs
• Student and pre-professional training
• Adult programs
• Summer programs and intensives
• Auditions
• Performances
• Community programs
• Events
• Ticket sales
• Donations
• News and educational information

Information on the Site is provided for general informational and transactional purposes. Program availability, faculty, schedules, casts, curricula, locations, pricing, performance details, and other information may change.

Neglia Ballet reserves the right to correct errors and update or modify information at any time.

Submitting an inquiry or lead form does not guarantee acceptance, placement, enrollment, casting, a scholarship, financial assistance, or availability in any Neglia Ballet program.

Registration may be subject to:

• Age and level requirements
• Audition or placement requirements
• Program capacity
• Payment of tuition or fees
• Completion of enrollment documents
• Parent or guardian authorization
• Execution of waivers and releases
• Compliance with attendance, conduct, dress-code, and other program policies

Neglia Ballet may determine class and program placement in its reasonable artistic and educational judgment.

Enrollment and participation may also be governed by a separate registration agreement, handbook, tuition policy, refund policy, waiver, media release, or program-specific terms. If a program-specific agreement conflicts with these general Site Terms, the program-specific agreement will govern with respect to that program.

Prices, tuition, fees, ticket costs, and donation information are displayed or communicated at the time of the applicable transaction.

You agree to provide current, complete, and accurate billing and payment information.

Payments may be processed through third-party payment providers. Neglia Ballet is not responsible for errors or security incidents caused solely by an independent payment provider, except to the extent responsibility cannot lawfully be excluded.

Refunds, credits, transfers, payment schedules, cancellations, missed classes, withdrawals, and ticket exchanges are governed by the policy stated at the time of registration or purchase.

Unless otherwise stated in writing, submitting a payment does not entitle a participant to disregard program eligibility, placement, conduct, attendance, or safety requirements.

Donations are voluntary and are subject to applicable charitable-giving rules. Donors should consult their own tax advisers concerning deductibility.

By providing an email address or telephone number, you authorize Neglia Ballet to send communications reasonably related to your inquiry, registration, transaction, donation, participation, or relationship with Neglia Ballet.

These communications may include:

• Registration information
• Class and schedule updates
• Payment reminders
• Performance and ticket information
• Safety or closure notices
• Program deadlines
• Responses to inquiries
• Other administrative communications

Where you have provided appropriate consent, Neglia Ballet may also send promotional emails or text messages concerning classes, auditions, performances, summer programs, workshops, events, fundraising, and related opportunities.

Message and data rates may apply. Message frequency may vary.

Promotional email recipients may unsubscribe using the link provided in the email. Text-message recipients may opt out by replying STOP and may reply HELP for assistance.

Consent to receive promotional text messages is not a condition of purchase.

Unless otherwise indicated, the Site and its content are owned by, controlled by, or licensed to Neglia Ballet.

Protected content may include:

• Text
• Logos
• Trademarks
• Service marks
• Website designs
• GraphicsPhotographs
• Video and audio
• Choreographic or educational materials
• Program descriptions
• Software and website functionality
• Databases and compilations

Content is protected by copyright, trademark, and other applicable laws.

You may access and use the Site for personal, noncommercial purposes.

Without prior written permission, you may not:

• Copy, reproduce, republish, or distribute Site content
• Sell, license, or commercially exploit Site content
• Modify or create derivative works from Site content
• Use Neglia Ballet’s name, logo, photographs, or marks in a misleading manner
• Record, reproduce, or distribute choreography, instruction, rehearsals, or performances
• Remove copyright, trademark, or ownership notices

Nothing in these Terms transfers ownership of Neglia Ballet’s intellectual property to a Site user.

Neglia Ballet may use photographs, recordings, or other media from classes, rehearsals, performances, and events only as permitted by applicable law and any relevant media release, enrollment agreement, ticket notice, or other authorization.

Participation in a class, program, or performance may require a separate media release. These Terms do not replace such a release.

Audience photography, audio recording, livestreaming, or video recording may be prohibited at performances, rehearsals, classes, or events. Users must comply with posted notices and staff instructions.

The Site may allow users to submit:

• Messages
• Registration information
• Audition materials
• Photographs or video
• Testimonials
• Questions
• Reviews
• Other materials

These materials are referred to as “User Submissions.”

You represent that:

• The information you submit is accurate
• You have authority to submit it
• Your submission does not infringe another person’s rights
• Your submission does not violate any law
• You have obtained any required parent, guardian, photographer, performer, or third-party permission

You retain ownership of your User Submissions.

By voluntarily submitting material for publication, promotion, evaluation, audition, or another stated purpose, you grant Neglia Ballet a nonexclusive license to use the material for that purpose, subject to any separate agreement or release.

Neglia Ballet is not required to publish, retain, return, or use any submission and may remove submitted material when appropriate.

You agree not to use the Site to:

1. Violate any law or regulation.
2. Submit false, fraudulent, misleading, or unauthorized information.
3. Impersonate another person or misrepresent your relationship with a student.
4. Attempt to gain unauthorized access to an account, system, database, or network.
5. Interfere with the Site’s operation or security.
6. Upload viruses, malware, harmful code, or disruptive material.
7. Use bots, scrapers, data-mining tools, or automated systems without authorization.
8. Collect personal information about another user without permission.
9. Harass, threaten, intimidate, exploit, or harm another person.
10. Submit unlawful, defamatory, obscene, infringing, or abusive material.
11. Circumvent access restrictions or security features.
12. Use Site content for an unauthorized commercial purpose.
13. Misuse registration, payment, ticketing, donation, or communication systems.
14. Attempt to disrupt Neglia Ballet’s classes, programs, performances, or operations.
15. Engage in conduct that places a minor or another person at risk.

Neglia Ballet may investigate suspected misuse and may cooperate with law enforcement or other authorities when appropriate.

The Site may link to services operated by third parties, including:

• Payment processors
• Registration systems
• Ticketing platforms
• Donation providers
• Social-media platforms
• Mapping or transportation services
• Partner organizations
• Other external websites

Neglia Ballet does not control third-party services and is not responsible for their availability, accuracy, security, privacy, content, or practices.

A link does not necessarily constitute endorsement.

Use of a third-party service is governed by that provider’s own terms and privacy policy.

Dance training and performance involve physical activity and may carry risks of injury.

Information on the Site is not medical advice and should not be treated as a substitute for advice from a qualified healthcare professional.

Participants and parents or guardians are responsible for determining whether participation is appropriate and for providing accurate information concerning injuries, conditions, allergies, medications, emergency contacts, and accommodations when requested.

Participation in Neglia Ballet programs may require execution of a separate assumption-of-risk agreement, liability waiver, emergency authorization, or medical-information form.

Neglia Ballet may modify, postpone, relocate, substitute, or cancel a class, program, instructor, guest artist, rehearsal, cast, performance, or event when reasonably necessary.

Circumstances may include:

• Illness or injury
• Instructor or artist availability
• Enrollment levels
• Weather
• Building or facility issues
• Public-health conditions
• Government orders
• Transportation interruptions
• Labor disruptions
• Emergencies
• Events beyond Neglia Ballet’s reasonable control

Any refund, credit, rescheduling, or substitution will be determined under the policy applicable to the affected registration, ticket, or transaction.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

NEGLIA BALLET DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NEGLIA BALLET DOES NOT WARRANT THAT:

• THE SITE WILL ALWAYS BE AVAILABLE OR ERROR-FREE
• INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT
• DEFECTS WILL BE CORRECTED IMMEDIATELY
• THE SITE OR ITS SERVERS WILL BE FREE OF HARMFUL COMPONENTS
• USE OF THE SITE WILL PRODUCE A PARTICULAR TRAINING, PLACEMENT, CASTING, EMPLOYMENT, OR PROFESSIONAL RESULT

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, exclusions apply only to the extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEGLIA BALLET AND ITS DIRECTORS, OFFICERS, EMPLOYEES, INSTRUCTORS, CONTRACTORS, VOLUNTEERS, REPRESENTATIVES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE SITE.

THIS MAY INCLUDE LOSS OF DATA, REVENUE, PROFITS, OPPORTUNITY, GOODWILL, OR USE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS DISCLOSED.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEGLIA BALLET’S TOTAL LIABILITY ARISING FROM USE OF THE SITE SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT PAID BY THE USER TO NEGLIA BALLET THROUGH THE SITE DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
• ONE HUNDRED DOLLARS

This limitation concerns use of the Site. Separate enrollment agreements, waivers, ticket terms, or other contracts may govern liability relating to physical participation, performances, or other activities.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Neglia Ballet and its directors, officers, employees, instructors, contractors, volunteers, representatives, and agents from claims, losses, liabilities, judgments, costs, and reasonable attorneys’ fees arising from:

• Your unlawful or unauthorized use of the Site
• Your violation of these Terms
• Your User Submissions
• Your infringement of another person’s rights
• False or unauthorized information submitted by you
• Your misuse of registration, payment, ticketing, or communication systems

This provision does not require indemnification for conduct for which indemnification may not lawfully be required.

Use of the Site is subject to the Neglia Ballet Privacy Policy, which is incorporated into these Terms by reference.

By using the Site, you acknowledge the collection and use of information as described in that Privacy Policy.

Neglia Ballet may restrict, suspend, or terminate access to the Site when it reasonably believes that a user:

• Violated these Terms
• Engaged in unlawful or harmful conduct
• Submitted false or unauthorized information
• Compromised Site security
• Misused Neglia Ballet’s systems or intellectual property
• Created a risk to Neglia Ballet or another person

Termination of Site access does not automatically alter contractual payment, enrollment, ticketing, donation, or other obligations.

Provisions that by their nature should survive termination will remain in effect, including intellectual property, disclaimer, limitation-of-liability, indemnification, dispute, and governing-law provisions.

Visiting the Site, submitting forms, sending emails, registering online, and completing electronic transactions constitute electronic communications.

You consent to receive agreements, notices, disclosures, receipts, and other records electronically.

To the extent permitted by law, electronic signatures, checkboxes, confirmations, and records have the same effect as paper signatures and records.

You are responsible for retaining copies of documents and communications needed for your records.

These Terms and use of the Site are governed by the laws of the State of New York and applicable federal law, without regard to conflict-of-law principles.

To the extent permitted by law, any legal action arising from or relating to these Terms or the Site shall be brought exclusively in the appropriate state or federal courts located in Erie County, New York.

The parties consent to personal jurisdiction and venue in those courts.

Nothing in this section limits a right or remedy that cannot lawfully be waived.

To the extent permitted by law, claims relating to the Site or these Terms must be brought by the parties in their individual capacities and not as a plaintiff or class member in a purported class, consolidated, collective, or representative proceeding.

This provision applies only to the extent enforceable under applicable law.

Neglia Ballet may update these Terms periodically.

When changes are made, we may update the “Last updated” date, post the revised Terms on the Site, or provide another form of reasonable notice.

Changes will apply prospectively from their effective date unless otherwise permitted by law.

Continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

Entire Agreement
These Terms, the Privacy Policy, and any applicable program-specific agreements constitute the agreement concerning use of the Site.

Severability
If any provision is determined to be unlawful or unenforceable, that provision will be enforced to the greatest extent permitted, and the remaining provisions will remain in effect.

No Waiver
Failure to enforce a provision does not waive the right to enforce it later.

Assignment
You may not assign your rights or obligations under these Terms without Neglia Ballet’s prior written consent.

Neglia Ballet may assign its rights and obligations as part of a merger, reorganization, transfer, or similar organizational transaction.

No Agency
Use of the Site does not create an employment, partnership, joint-venture, franchise, fiduciary, or agency relationship between a user and Neglia Ballet.

Headings
Headings are provided for convenience and do not limit the meaning of any provision.

Questions or concerns regarding the Site or these Terms may be directed to:

Neglia Ballet 2495
Main Street, Suite 600
Buffalo, NY 14214
Phone: 716.447.0401
Email: info@negliaballet.com