LEGAL AGE REQUIREMENT
By completing a purchase of Merchandise through the Website, you represent that you are at least the legal age of majority or are legally authorized, with any necessary consent of a parent or guardian, to agree to these Sales Terms and Conditions and fulfill any obligations in connection with such purchase. Bella Bundle and Bella Ballerina Franchising, Inc. reserves the right to verify the foregoing. At the time of delivery, any shipment containing a product may require further the signature of an adult possessing valid picture identification issued by a government agency.
Bella Ballerina Franchising, Inc. accepts credit card payments only for the Bella Bundle programming. Once you purchase your initial training package, you will automatically be set up for recurring invoices for subsequent years of certification via credit card. Should our credit card processor not be available in your country, we will offer another method of payment. Payments for training are non-refundable regardless if you are unable to attend or are no longer able to maintain your license.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BELLA BUNDLE AND BELLA BALLERINA FRANCHISING, INC. AND AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR YOUR USE OF THE PRODUCTS OR PROGRAMMING PROVIDED. FURTHER, IN NO EVENT WILL BELLA BUNDLE, BELLA BALLERINA FRANCIHSING, INC. OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE OR PROGRAMMING EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. BELLA BUNDLE, BELLA BALLERINA FRANCHISING, INC. AND ITS AFFILIATES’ MAXIMUM LIABILITY FOR THE PURCHASE OF THE MERCHANDISE SHALL NOT EXCEED THE AMOUNT PAID FOR SUCH MERCHANDISE. IN SOME JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT FULLY APPLY. ACCORDINGLY, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT OF THE LAW.
LIMITATION OF LIABILITY FOR PERSONAL PARTICIPATION
In exchange for permission to participate, both individually in exercise classes and use of related products and exercise equipment designed or provided by Bella Bundle/Bella Ballerina Franchsing, Inc., I hereby enter into the following release and waiver of liability, assumption of risk and indemnity agreement. I, for myself, my child/children, my and their heir, my spouse, my and their executors, administrators, personal representatives and assignees, hereby waive, release, discharge, indemnify, hold harmless and agree not to file claim against its officers, directors, shareholders, employees, landlords, sponsors, representative volunteers, affiliates and Bella Bundle/Bella Ballerina Franchising Inc.’s said instructors (hereafter the “Released Parties”) from any and all liability, responsibility, damages, losses, claims, demands, actions, suits, judgments, costs and expenses (including attorney’s fees) resulting from personal injury, accidents, illnesses, deaths and/or property loss caused in any manner, including the simple active or passive negligence of the Released Parties, by my and my child’s/children’s participation in and use of Bella Bundle/Bella Ballerina Franchising, Inc.'s products and programs. I acknowledge that the Bella Bundle/Bella Ballerina Franchsing, Inc.'s programs are designed to stress the heart, lungs, cardiovascular and circulatory systems, muscles, joints, ligaments and tendons in an attempt to improve muscular strength and cardiovascular fitness. I acknowledge that I have been advised to consult with my physician with respect to my and my child’s/children’s ability to participate in and to endure the Bella Bundle/Bella Ballerina Franchsing, Inc. program. I knowingly assume all risks relating to my/our participation in and use of Bella Bundle/Bella Ballerina Franchsing, Inc. equipment and programs. I acknowledge that I have discussed with my physician the appropriateness and safety of the Bella Bundle/Bella Ballerina Franchsing, Inc. products and programs in connection with any illness or condition that I or my child/children now have or previously had and that I knowingly execute this Agreement freely and voluntarily and intend by my signature to grant a complete and unconditional release of all liability to the greatest extent allowed by law. I have read this Agreement, fully understand its terms and understand that I am giving up substantial rights, including my right to sue. This Agreement is intended to be as broad and inclusive as permitted by law. Any portion of this Agreement is held invalid, the remaining portions will continue in full force and effect.
I also give Bella Bundle/Bella Ballerina Franchising, Inc., permission to use photographs and videos of myself and my child/children for publicity purposes in both print, online, and TV/Radio ads should I choose to share them with via social media or sending directly to anyone at the Bella Bundle/Bella Ballerina Franchising, Inc. organization.
DISCLAIMERS AND WARRANTIES
NEITHER BELLA BUNDLE, BELLA BALLERINA FRANCHISING, INC., NOR THE SITE PROVIDES MEDICAL ADVICE. THE SITE IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE, INCLUDING THE MATERIAL AND ANY RELATED SERVICES OR INFORMATION, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.
BELLA BUNDLE, BELLA BALLERINA FRANCHISING, INC. DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE, INCLUDING IN ANY MATERIALS. RELIANCE ON ANY INFORMATION PROVIDED BY THE SITE, THE MATERIALS, OR ANY BELLA BUNDLE, BELLA BALLERINA FRANCHISING, INC. EMPLOYEES OR OTHERS APPEARING ON THE SITE OR IN ANY MATERIALS IS SOLELY AT YOUR OWN RISK.
Bella Ballerina Franchising Inc. does not guarantee success of your program after certification whether through financial means or by way of securing facilities for your program to run. Bella Ballerina Franchising Inc. will provide licensees with general advice and guidelines for proper business practices but can not control the outcome due to factors out of our control.
When issuing a Bella Bundle certification, Bella Ballerina Franchising, Inc. and it's affiliates do not endorse the instructor as a being a medical professional or having anything other than a specialty certification.
BELLA BUNDLE USE OF CONTENT
You acknowledge your responsibility for any information, profiles, reviews, comments, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) you submit, upload, post or otherwise provide or make available to us or our vendors, on or through the Site or otherwise, including User Content you upload or post on third party websites, such as Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to Bella Bundle, including, for example, #bellabndle, #strongbybellabundle, and #bellabundlewear (“Submissions”). Such Submissions may be used on the Site and/or on other Bella Bundle marketing materials, including on the Site, in emails and on social media. You may only make a Submission if you are 18 years of age or older. If we select a Submission for use on the Site, it may be displayed for others to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so at our discretion.
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Bella Budle, our vendors, and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by us without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Bella Bundle reserves the right, in our sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. The Site may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third parties and not of Bella Bundle, and we do not endorse any such opinions, statements, or materials.
You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site (“Feedback”) shall be deemed non-confidential and non-proprietary. We shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. We specifically prohibit you from sending us any information that you consider to be confidential or proprietary. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
You understand that we do not control, and are not responsible for Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of the use of any Feedback posted, emailed or otherwise made available. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete or move any Feedback for any reason.
Your interactions with organizations, events and/or individuals found on or through the Site are solely between you and such organizations and/or individuals. We expressly disclaim any liability for such organizations, events or individuals.
APPLICABLE LAWS AND JURISDICTIONYou agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.
Bella Ballerina Franchising, Inc. controls the Site (excluding third party linked sites) from our corporate offices in Virgina, United States of America. We make no representation that the Content is appropriate or available for use in other locations, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions. The laws of Virginia, specifically excluding choice or conflict of laws principles, will apply to all disputes relating to or arising from your use of the Site (a “Dispute”). You also agree to submit to the exclusive personal jurisdiction and venue of Loudoun County, in Leesburg, Virginia, United States of America, or of any federal court located in Virginia for resolution of any and all Disputes related to the Site or Content.
You also acknowledge and understand that, with respect to any Dispute: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY DISPUTE.
In the event we incur attorneys’ fees or expenses in connection with the collection of sums owed to us by you under these Terms, we shall be entitled to the recovery of those fees and expenses from you.
To maintain the quality of the license, Bella Ballerina Franchising Inc., may at any time, require a background check on any instructor at the instructor's expense. Bella Ballerina Franchising, Inc. may also conduct an on-site visit at any point to evaluate any instructor's classes or to ensure that instructors are certified members of the Bella Bundle community. Should an instructor misrepresent their certification, whether it be no certification is held or is outdated, Bella Ballerina Franchising, Inc. will pursue legal action to the furthest extent of the law for charges of fraud.
COPYRIGHTS AND TRADEMARKS
The Site and Content are the property of Bella Ballerina Franchising, Inc. and its licensors and are protected by United States and International Copyright laws. All copyrights, trademarks, and other proprietary rights on the Site and in the Content, services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Bella Ballerina Franchising, Inc. on the Site or elsewhere are reserved to Bella Ballerina Franchising, Inc. and its licensors.
The following are Bella Ballerina Franchising, Inc.’s registered trademarks in the United States: BELLA BUNDLE®, BELLA BALLERINA®, among other terms and logos.
In addition, the Site may contain trademarks, logos, and links to third party websites. Any third party domain names, URLs, trademarks or logos appearing on the Site or in the Content are the sole property of their respective owners.
If you believe any Content infringes your copyright, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the photograph and/or video content you claim is infringing and where it is located on the Site; (d) your address, telephone number, and email address; (e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (f) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to Bella Ballerina Franchising, Inc.’s designated agent listed below. All counter notifications must include responsive information to what is set forth above including any required statements or signatures. Any incidences of copyright infringement can be forwarded to firstname.lastname@example.org for further investigation.
PROPRIETARY INFORMATION AND MATERIALS
Bella Ballerina Franchising, Inc. will provide its licensees with proprietary programming including but not limited to: training manuals, videos, video libraries, suggested music lists, access to closed social media groups, graphics and advertising materials. Should I decide to not not renew my license or my license is revoked due to non-payment, I understand I will lose access to such proprietary goods without a refund. Bella Ballerina Franchising, Inc. may also revoke my license and access to proprietary goods without cause at any time.
PROPRIETARY INFORMATION AND INVENTIONS AGREEMENT
In consideration of my employment by Bella Bambina, Inc., a Virginia corporation d/b/a Bella Ballerina (the
"Company"), and the compensation now and hereafter paid to me, I, the undersigned, hereby agree as follows:
Recognition of Company's Rights; Nondisclosure. At all times during my employment and at all times
thereafter, I will hold in strictest confidence and will not disclose, use, lecture upon or publish any of the
Company's Proprietary Information (defined Section 1.2 below), except as such disclosure, use or publication may be required in connection with my work for the Company, or unless an officer of the Company expressly authorizes such in writing. I hereby assign to the Company any rights I may have or acquire in such Proprietary Information and recognize that all Proprietary Information shall be the sole property of the Company and its assigns.
Proprietary Information. The term "Proprietary Information" shall mean any and all confidential and/or
proprietary knowledge, data or information of the Company. By way of illustration but not limitation, "Proprietary Information" includes tangible and intangible information directly or indirectly relating to business processes, practices, methods, policies, plans, publications, dance curriculum, methods of instruction, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, trade secrets, computer programs, computer software, applications, databases, manuals, records, systems, material, sources of material, supplier information, vendor information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, design information, payroll information, staffing information, personnel information, employee lists, supplier lists, vendor lists, developments, reports, internal controls, security procedures, graphics, drawings, sketches, market studies, sales information, product plans, designs, styles, models, inventions, original works of authorship, specifications, customer information, customer lists, and information regarding the skills and compensation of other employees of the Company.
Third Party Information. I understand, in addition, that the Company has received and in the future will
receive from third parties confidential or proprietary information ("Third Party Information") subject to a duty on the Company's part to maintain the confidentiality of such information and to use it only for certain limited
purposes. During the term of my employment and thereafter, I will hold Third Party Information in the strictest
confidence and will not disclose to anyone (other than Company personnel who need to know such information in connection with their work for the Company) or use, except in connection with my work for the Company, Third Party Information unless expressly authorized by an officer of the Company in writing.
No Improper Use of Information of Prior Employers and Others. During my employment by the Company I
will not improperly use or disclose any confidential information or trade secrets, if any, of any former employer or any other person to whom I have an obligation of confidentiality, and I will not bring onto the premises of the
Company any unpublished documents or any property belonging to any former employer or any other person to
whom I have an obligation of confidentiality unless consented to in writing by that former employer or person. I
will use in the performance of my duties only information that is generally known and used by persons with
training and experience comparable to my own, which is common knowledge in the industry or otherwise legally in the public domain, or which is otherwise provided or developed by the Company.
SERVICE RADIUS AND COMPETITION
Bella Ballerina Franchising, Inc. does not offer a "territory" or "dedicated service radius" to it's licensees. Should we feel the field is becoming too saturated we may deny a licensee the ability to purchase within their area. This will be determined entirely at the discretion of Bella Ballerina Franchising, Inc. without the need to produce documentation of proprietary information such as current licensee addresses or other internal information needed to make such a decision.
By registering for the Bella Bundle license, whether by me directly or if the license was purchased for me as a part of a group certification, I am demonstrating that I accept the terms and conditions as listed above.