Terms and Conditions

Effective September 2, 2009

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BECOMING A CUSTOMER.

By engaging in any monetary transaction (the “Transaction”) with Sabor Asi Dance Company Ltd. or by participating in any event, workshop, performance group, show, festival or class (collectively the “Class”) offered by Sabor Asi Dance Company Ltd., you (the “Customer”) represent, warrant and agree to be bound by these terms and conditions as amended from time to time (the “Terms and Conditions”). If you do not wish to be bound by the Terms and Conditions, you should not be a Customer or enroll in a Class.

  1. Acceptance of these Terms of UseThis is an agreement between you as Customer and SABOR ASI DANCE COMPANY LTD. (“SABOR ASI”), the terms of which govern your agreement. Each time you enter into a Transaction or participate in a Class you indicate your acceptance and agreement with these Terms and Conditions on behalf of yourself and on behalf of any person or legal entity which you represent.
  2. Amendments and Modifications to these Terms of UseSABOR ASI reserves the right to update, change, amend, add or otherwise modify these Terms and Conditions and will concurrently revise the effective date of the applicable web page. By accepting these Terms and Conditions you agree to review them periodically to determine if any revisions have been made. By entering into a Transaction or by participating in a Class, you agree to be bound by the Terms and Conditions in effect at the time. If you do not agree with the terms of these Terms and Conditions you must not enter into any (further) Transaction(s) or participate in any (further) Class(es) or you will be deemed to accept such changes.
  3. TermsYour participation in a Class is subject to the following terms in addition to those specific oral or written terms agreed to between the Customer and SABOR ASI (the “Additional Terms”). In the event of a conflict between these Terms and Conditions and the Additional Terms, the Additional terms will govern:
    1. In consideration for participating in a Class, the Customer understands, acknowledges and agrees that:
      Classes offered by SABOR ASI are of a physical nature and there are risks and hazards involved in participating, including property damage and any form of injury or death; and
    2. It is the Customer’s responsibility to consult with a physician prior to and regarding your participation in any Class.
    3. In consideration for participating in a Class, the Customer represents and warrants that he or she is physically fit and has no medical condition that would prevent him or her full participation a Class.
    4. SABOR ASI reserves the right to cancel or delay any Class without notice. SABOR ASI will use its best efforts to notify any Customers that have registered for a Class in advance. When a Class has been cancelled it will offer the Customer a make-up class instead.
    5. If the Customer decides to cancel their enrollment in a course, SABOR ASI is not obligated to reimburse you. However, depending on the time of cancellation, partial or complete refunds may be given.
    6. Class punch cards are non-refundable and non-transferable.
    7. Each time you participate in a Class you represent and warrant that you have the legal authority to agree to and accept these Terms and Conditions on behalf of yourself and any person or legal entity you represent. Customers may only participate in Classes by persons who are the age of majority in the Province of British Columbia, or are an emancipated minor, or possess legal parental or guardian consent, and can form legally binding contracts under applicable law. If you have not reached the age of majority in the Province of British Columbia should obtain parental consent prior to participating in a Class.
    8. In consideration for participating in a Class, the Customer acknowledges that Sabor Asi may take his or her picture during a Class and consents to Sabor Asi’s publishing or use of the image for any purpose by any means whatsoever including, but not limited to electronic or digital means. The Customer hereby forever discharges, releases and holds harmless Sabor Asi with respect to its use of a picture of the Customer. The Customer acknowledges that Sabor Asi may not be able to control the distribution or use of the image. The Customer agrees that this consent and release is given in perpetuity and for no consideration, credit, acknowledgement or financial recompense now or in the future.
  4. Disclaimer and Liability ExclusionSABOR ASI DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR YOUR PARTICIPATION IN A CLASS. YOUR PARTICIPATION IN A CLASS IS AT YOUR OWN RISK. TO THE EXTENT SABOR ASI MAY BE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE IN ANY WAY, THE FULL EXTENT OF SUCH LIABILITY WILL BE LIMITED TO AN AMOUNT EQUAL TO THE DIRECT PAYMENTS MADE BY YOU TO SABOR ASI.

    In consideration of being permitted to participate in any Class the Customer agrees to assume full responsibility for any risks, damages, loss, injury, of any kind whatsoever, incurred directly or indirectly as a result in the participation in a Class, known or unknown (the “Damages”).
    In further consideration of being permitted to participate in a Class, the Customer knowingly, voluntarily and expressly waives any claim he or she may have against SABOR ASI or any of its employees, directors, officers, agents or representatives for Damages.
    The Customer, an his or her heirs, assigns, representatives and agents forever release waive, discharge and covenant not to sue SABOR ASI SABOR ASI or any of its employees, directors, officers, agents or representatives for any Damages.

  5. MiscellaneousThe following terms apply to these Terms and Conditions:
    1. No Waiver – no consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties;
    2. Severability – if any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
    3. Governing Law – This Agreement and all related matters are governed solely and exclusively by the laws of the Province of British Columbia, Canada and applicable federal laws of Canada. Any matter regarding the interpretation and application of this Agreement, and all disputes arising under or in connection with this Agreement will be within the sole and exclusive jurisdiction of the courts of British Columbia. You irrevocably agree to and hereby accept and attorn to the exclusive jurisdiction of the Courts of British Columbia for any and all claims that they may have related in any way to this Agreement and all disputes relating hereto or hereunder, and you irrevocably covenant and agree not to commence any action or bring any claim in any other forum whatsoever, be it domestic, foreign or international, relating in any way to this Agreement or its renewal or non-renewal or any dispute relating hereto or hereunder. Any claim or cause of action you may have arising from, connected with, or relating to these Terms of Use, or any related matters must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred;
    4. Enurement – the provisions of these Terms and Conditions will enure to the benefit of and be binding upon each of SABOR ASI and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign these Terms and Conditions or your rights and obligations under these Terms and Conditions without the express prior written consent of SABOR ASI which may be withheld in SABOR ASI’s sole discretion. SABOR ASI may assign these Terms and Conditions and its rights and obligations under these Terms and Conditions without your consent; and
    5. Survival – Terms of these Terms and Conditions providing rights and obligations which, by their nature, should continue, will stay in effect after these Terms and Conditions terminates.