Terms and Conditions
Upasana Performing Arts Centre LLC (D.B.A 'Upasana Kalakendra')
Upasana Performing Arts Centre LLC (D.B.A "Upasana Kalakendra") operates the website. contained within or otherwise available through external hyperlinks within such websites, certain mobile versions and apps of the foregoing, and associated social media outlets (collectively, the “Site”). Upasana Kalakendra conducts Classes, Testing, Programs, Workshops, and Events at various studios, venues, and online (collectively, "Service"). The terms and conditions contained or referenced herein (collectively, the “Terms & Conditions”) apply to your use of the Site, or any of the Products or Services offered through the Site, including your communications with Upasana Kalakendra staff, as well as the enrollment of yourself or your child as a student. By using the Site or any of the Products or Services offered by Upasana Kalakendra, you agree to these Terms & Conditions on this page.
If you choose to use our Service, then you agree to these terms and conditions. We may update these Terms & Conditions from time to time without notice to you. You agree that it is your responsibility to review these Terms & Conditions periodically to learn of any modifications. Your continued use of any product or service offered by Upasana Kalakendra, after the posting of any modifications shall constitute your agreement to be bound by such modified Terms & Conditions.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR SITE.
1.0 Covenant Not to Sue; Release and Waiver : In consideration of Upasana Performing Arts Centre LLC, (“Upasana Kalakendra”) accepting the enrollment or application and membership of an individual and/or individuals (collectively, “Members”, individually a “Member”), the Member and/or Member’s enrollment or application in any (i) Upasana Kalakendra Classes, Programs, Workshops or Events (collectively, “Programs” or “Classes”, individually “Program” or “Class”) or (ii) any other Classes, Programs, Workshops or Events for which applications are accepted through links on any Upasana Kalakendra website, the Member (or if Member is a minor, Member’s Parent and/or Guardian) covenant and promise not to sue or bring any claim, demand or other action against Upasana Kalakendra and its affiliates, or any of their members, directors, officers, employees, attorneys, volunteers, sponsors, committees, representatives, independent contractors or agents, including but not limited to any organization or individual conducting any Programs or event of any kind and any committees, organizations, officials, or individuals associated therewith and their respective successors or assigns (collectively, the “Upasana Kalakendra Parties” or individually a “Upasana Kalakendra Party”), and discharge, release and waive each of them from all liability in connection with all allegations, demands, or other claims for any of (1) personal injury or illness (including death) and/or (2) damage to, or loss or theft of property (including, without limitation, personal items, car, and money), and/or (3) any other losses or damages (whether monetary or otherwise) that may be alleged or claimed against any Upasana Kalakendra Party arising, directly or indirectly, or to any extent whatsoever, from Member’s (1) membership in Upasana Kalakendra; (2) presence at or participation in any Programs (or travel to and from thereto); (3) receipt of medical care or treatment for any physical or mental condition; (4) use of services, premises, and equipment by whomever provided; and (5) involvement in accidents; travel; exposure to inclement weather; and/or any other circumstance or cause of a similar nature. Member and if applicable, Member’s Parent or Guardian acknowledge and agree that the provisions hereof shall be binding upon Member’s heirs, family, next of kin, personal representative, successors and assigns.
2.0 Indemnification: Member and Parent/Guardian also agree to indemnify and hold harmless each of the Upasana Kalakendra Parties from any and all actual or threatened claims, detriments, rights, remediation, counterclaims, liens, controversies, obligations, agreements, suits, causes of action, actions, demands, liabilities, losses, damages, assessments, judgments, fines, penalties, threats, sums of money, accounts, costs, expenses, known or unknown, direct or indirect, at law or in equity or in settlement or in any other proceeding and whether or not suit was filed thereon (collectively, the “Claims”, individually a “Claim”) directly or indirectly, to any extent whatsoever, caused by Member and/or his/her Parent/ Guardian and to reimburse upon demand the Upasana Kalakendra Parties for any and all expenses or other damages incurred for Claims brought against any of the Upasana Kalakendra Parties as a result of Member’s and/or his/her Parent’s/Guardian’s membership in Upasana Kalakendra; presence at or participating in any Programs; receipt of medical care or treatment for any physical or mental condition; use of services, premises, and equipment by whomever provided; as well as Member’s and/or his/her Parent’s/Guardian’s negligence, willful misconduct, or criminal behavior; involvement in accidents; travel; exposure to inclement weather; and/or any other circumstance or cause of a similar nature. THE INDEMNITY CONTAINED IN THIS PARAGRAPH WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF ANY UPASANA KALAKENDRA PARTY. Member and his/her Parent/Guardian agree to pay all costs and attorneys’ fees and expenses incurred by any of the Upasana Kalakendra Parties with respect to any matter contained in this Consent, Release, Waiver and Indemnification including, without limitation, any costs and expenses or other damages incurred by or in connection with investigating and/or defending a Claim, proceeding or otherwise.
3.0 Authorization of Photography, Film, Audio, and Text: Member and his/her Parent/Guardian hereby irrevocably grant to Upasana Kalakendra, its successors and assigns, its agents and those whom it commissions or permits to be at the Programs, the absolute, unrestricted and unlimited license, right, permission and consent to collect, use and reuse, disseminate, copyright, print, reproduce, publish and republish, for any and all trade purposes or commercial or other advertising or public purposes, and in any and all advertising, publicity, display, publication or media (collectively, a “Publication”), Member’s name, biographical materials, signature and likeness, and any portraits, pictures, photographic prints or other representations of Member, or in which Member may appear, or any reproductions or sketches thereof or parts thereof, photographic or otherwise (collectively, “Member’s Name and Likeness”) with such additions, deletions, alterations or changes therein as Upasana Kalakendra in its discretion may make, either separately or together with Member’s name or a fictitious name, or the name of another person, with or without any statements or testimonials made by Member, or authorized by Member which Upasana Kalakendra in its discretion, prepare for use in connection therewith. Member and his/her Parent/Guardian grant Upasana Kalakendra a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that they have posted or uploaded on Upasana Kalakendra Websites or databases. Member and his/her Parent/Guardian warrant that they have not limited or restricted the use of Member’s name or photograph to the use of any organization or person. Member and his/her Parent/Guardian understand that in proceeding with the actions stated above, Upasana Kalakendra will do so in full reliance on the foregoing permission. Further, Member and his/her Parent/Guardian acknowledge that third parties not affiliated with Upasana Kalakendra may also publish Member’s Name and Likeness and Member and his/her Parent/Guardian also consent thereto. Member and his/her Parent/ Guardian hereby consent, release, waive and discharge Upasana Kalakendra Parties from any and all Claims arising out of or in connection with the use of any of the foregoing, including any claims for defamation, invasion of privacy, violation of any right of publicity or violation of any statutory right.
4.0 Assumption of Risks: Dance, by its very nature, carries with it certain dangers and risks that cannot be eliminated regardless of the great care taken to prevent or minimize harm. Dance is an activity which involves strenuous exertions of strength using various muscle groups, quick movements involving speed and change of direction, and may involve contact with equipment or fixed objections. The risks associated with Dance range from (1) minor injuries such as cuts, bruises, muscle strains and sprains, to (2) major injuries such as broken or fractured bones or concussions, to (3) catastrophic injuries, such as heart attacks or fractured skull or those that cause disfigurement, loss of mental capacity, loss of sight, speech or hearing, paralysis, or death. Member and his/her Parent/Guardian hereby expressly agree that they understand the nature of Dance and appreciate the types of injuries and risks that exist, and Member and his/her Parent/Guardian knowingly assume all related risks.
5.0 Medical Release: Member and his/her Parent/Guardian hereby consent to the rendering of emergency first aid and other medical procedures which at the time of injury or illness seems reasonably advisable. Member and his/her Parent/Guardian further understand that Member and his/her Parent/Guardian will be responsible for payment of any such medical procedures.
6.0 Severability and Venue: Member and his/her Parent/Guardian further expressly agree that this Consent, Release, Waiver and Indemnification is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any portion thereof is held invalid, it is agreed that the remaining portion of the waiver will continue in full legal force and effect.
7.0 Acknowledgment of Understanding: Member and his/her Parent/Guardian have read this waiver and fully understand its terms. Member and his/her Parent/Guardian understand that Member and his/her Parent/Guardian are giving up rights, including the right to compensation for injury resulting from negligence of Upasana Kalakendra. Member and his/her Parent/Guardian acknowledge that they are
agreeing to this agreement freely and voluntarily, and intend their agreement to be a complete and unconditional consent, release and waiver of all liability to the greatest extent allowed by law.
Agreeing to this waiver Member and his/her Parent/Guardian, acknowledge that they are authorized to and they are consenting to Member’s participation in Upasana Kalakendra Classes, Programs, Workshops, Events etc and represent to Upasana Kalakendra that they understand all risks are assumed by themselves and all related Claims are expressly waived in advance.
Updated on May 24, 2021