TERMS AND CONDITIONS

Divinest Essence
Effective Date: January 1, 2025
Last Updated: December 18, 2024

1. ACCEPTANCE OF TERMS

Welcome to Divinest Essence ("Organization," "we," "us," or "our"). By accessing our website at www.divinestessence.org (the "Site"), enrolling in our programs, or utilizing our services, you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you are enrolling a minor (any person under 18 years of age), you represent that you are the parent or legal guardian with authority to bind the minor to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SITE OR SERVICES.

2. ABOUT DIVINEST ESSENCE

Divinest Essence is a 501(c)(3) nonprofit organization (EIN: 41-3316409) incorporated under the laws of the State of Texas. Our mission is to provide accessible arts education and creative development opportunities to underserved youth and communities through dance, visual arts, and music instruction.

2.1 Organizational Structure

• NAICS Code (Primary): 611610 – Fine Arts Schools

• NAICS Code (Secondary): 624110 – Child and Youth Services

• Physical Address: 5900 Balcones Drive, Suite 100 Austin, TX 78731

• Contact: contact@divinestessence.org | 713-396-3237

2.2 Virtual Portfolio Function

Our Site also serves as a virtual portfolio and professional profile for Divinity Aluka, showcasing her talents, achievements, and creative work. This dual function does not alter our nonprofit status or charitable mission.

3. ELIGIBILITY AND PARENTAL CONSENT

3.1 Age Requirements

Our programs serve youth and community members of all ages. However, different age groups have specific requirements:

• Children Under 13: We comply with the Children's Online Privacy Protection Act (COPPA). Parents/guardians must provide verifiable consent before we collect any personal information from children under 13.

• Minors Aged 13-17: Enrollment requires parent/guardian consent and signature on enrollment forms.

• Adults 18+: May enroll independently.

3.2 Parental Responsibilities

By enrolling a minor, parents/guardians agree to:

• Provide accurate emergency contact information

• Disclose relevant medical conditions or special needs

• Ensure the minor's attendance and appropriate behavior

• Review and acknowledge all safety guidelines

• Maintain current payment information

4. PROGRAM ENROLLMENT AND FEES

4.1 Registration Process

Enrollment in our programs requires:

1. Completion of registration forms (online or paper)

2. Payment of applicable fees (unless participating in scholarship/free programs)

3. Submission of required waivers and consent forms

4. Acknowledgment of these Terms

4.2 Fee Structure

• Standard Tuition: As posted on our website or program materials

• Promotional Pricing: Limited-time offers (e.g., "50% OFF" sales) are subject to availability and specific terms

• Scholarship Programs: Available based on financial need and organizational funding

• Payment Plans: May be available upon request and approval

4.3 Payment Terms

• All fees are due according to the payment schedule provided at enrollment

• We accept [credit cards, debit cards, checks, electronic transfers]

• Late payments may result in suspension of program participation

• NSF/returned check fees: $35 per occurrence

4.4 Refund and Cancellation Policy

Before Program Start:

• Cancellations made 14+ days before program start: Full refund minus $25 administrative fee

• Cancellations made 7-13 days before program start: 50% refund

• Cancellations made less than 7 days before program start: No refund; credit toward future programs may be issued at our discretion

After Program Start:

• No refunds for partial program participation

• Medical withdrawals with documentation: Pro-rated credit may be issued at our discretion

• Organizational cancellations: Full refund or credit toward future programs

Exceptions:

• Scholarship/free program participants: Different terms may apply

• Government-funded programs: Subject to grant/contract requirements

4.5 Financial Assistance

As a nonprofit organization committed to accessibility, we offer:

• Sliding scale tuition based on household income

• Full and partial scholarships

• Payment plans

• Sponsor-a-student programs

Financial assistance applications are reviewed on a rolling basis subject to available funding.

5. PROGRAM POLICIES

5.1 Attendance and Participation

• Regular attendance is expected for optimal learning outcomes

• Excessive absences may result in program dismissal without refund

• Students must arrive on time and prepared for class

• Appropriate attire as specified by program guidelines is required

5.2 Behavior and Conduct

All participants must:

• Treat instructors, staff, and fellow students with respect

• Follow all safety guidelines and instructions

• Refrain from disruptive, dangerous, or inappropriate behavior

• Comply with facility rules and regulations

We reserve the right to dismiss any participant whose behavior endangers others, disrupts programming, or violates our policies, without refund.

5.3 Health and Safety

• Participants engage in physical activities at their own risk

• All medical conditions, injuries, or limitations must be disclosed at enrollment

• Parents/guardians must ensure participants are physically capable of program activities

• We maintain basic first aid supplies but are not a medical facility

• In case of emergency, we will contact designated emergency contacts and/or call 911

5.4 Liability Waiver

By enrolling, you acknowledge that participation in dance, visual arts, music, gymnastics, and related activities carries inherent risks including but not limited to physical injury, property damage, or illness. You agree to hold harmless and release Divinest Essence, its directors, officers, employees, volunteers, and affiliated parties from any claims, damages, or liabilities arising from program participation, except in cases of gross negligence or willful misconduct.

5.5 Program Modifications

We reserve the right to:

• Modify program schedules, curriculum, or instructors as needed

• Cancel programs due to insufficient enrollment (with full refund)

• Combine classes or age groups when appropriate

• Transition to virtual/online instruction in case of emergencies or facility issues

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Content

All content on our Site, including but not limited to text, graphics, logos, images, videos, audio clips, software, and compilation of content (collectively "Content") is the property of Divinest Essence or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, modify, or create derivative works of our Content without written permission

• Use our Content for commercial purposes

• Remove copyright, trademark, or other proprietary notices

• Frame or mirror any Content from our Site

6.2 User-Generated Content

If you submit content to our Site (comments, photos, testimonials, etc.), you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, publish, and distribute such content in connection with our charitable mission and operations.

You represent that:

• You own or have rights to any content you submit

• Your content does not violate any third-party rights

• Your content does not contain unlawful, harmful, or objectionable material

6.3 Student Work and Performances

Creative works produced by students during programs (artwork, performances, recordings) are subject to the following:

• Students retain ownership of their original creative work

• We may photograph, record, and display student work for educational, promotional, and fundraising purposes (subject to separate media consent forms)

• Compilation works (group performances, exhibitions) may be used by the organization for promotional purposes

7. PHOTOGRAPHY, VIDEO, AND MEDIA CONSENT

7.1 General Media Policy

We regularly photograph and video record classes, performances, and events for:

• Documentation and program evaluation

• Marketing and promotional materials

• Social media and website content

• Grant reporting and fundraising

• News media and press releases

7.2 Opt-Out Provisions

A separate Media Release and Consent Form is required for all participants. Parents/guardians may:

• Grant full consent for all media use

• Grant limited consent (specify restrictions)

• Deny all media consent (we will make reasonable efforts to exclude the participant from photos/videos)

7.3 Student Privacy Protection

• We do not publicly share full names of minors without explicit consent

• We do not disclose personal information beyond what is necessary

• We comply with FERPA when applicable to school partnership programs

• Media featuring students will be used only for legitimate organizational purposes

8. WEBSITE USE AND ACCEPTABLE CONDUCT

8.1 Permitted Use

Our Site is intended for:

• Learning about our programs and mission

• Enrolling in classes and programs

• Accessing educational resources

• Contacting our organization

• Viewing portfolio content of Divinity Aluka

8.2 Prohibited Activities

You may not:

• Use our Site for any unlawful purpose

• Attempt to gain unauthorized access to our systems

• Transmit viruses, malware, or other harmful code

• Interfere with or disrupt Site functionality

• Harvest or collect user information

• Impersonate any person or entity

• Post or transmit any defamatory, obscene, or offensive content

• Violate any applicable local, state, federal, or international law

8.3 Account Security

If you create an account on our Site:

• You are responsible for maintaining confidentiality of login credentials

• You are responsible for all activities under your account

• Notify us immediately of any unauthorized use

• We reserve the right to suspend or terminate accounts that violate these Terms

9. AFFILIATE LINKS AND THIRD-PARTY ADVERTISING

9.1 FTC Disclosure

IMPORTANT: Our Site contains affiliate links to third-party products and services. This means we may earn a commission if you click these links and make a purchase, at no additional cost to you. These commissions support our nonprofit mission and programs.

9.2 Affiliate Relationships

We participate in affiliate programs including but not limited to:

• Amazon Associates

• [Other affiliate programs as applicable]

9.3 Product Recommendations

• We only promote products/services we believe are valuable to our community

• Affiliate relationships do not influence our editorial content

• All opinions expressed are our own

• We are not responsible for third-party products, services, or content

• Your transactions with third parties are solely between you and that party

9.4 Third-Party Links

Our Site may contain links to external websites not operated by us. We are not responsible for:

• Content of external sites

• Privacy practices of external sites

• Products or services offered by external sites

Your use of third-party websites is at your own risk.

10. DONATIONS AND CHARITABLE GIVING

10.1 Tax Deductibility

Divinest Essence is a 501(c)(3) tax-exempt organization. Donations are generally tax-deductible to the extent permitted by law. We will provide receipts for all donations.

EIN: 41-3316409

10.2 Donation Processing

• All donations are final and non-refundable except as required by law

• We use secure third-party payment processors

• Recurring donations may be cancelled at any time by contacting us

• We respect donor privacy and will not sell or share donor information

10.3 Use of Donations

Donations support our general operations and mission unless designated for a specific purpose. We reserve the right to redirect donations to areas of greatest need if a designated program is fully funded or discontinued.

11. GOVERNMENT CONTRACTS AND GRANTS

11.1 Compliance

When delivering services under government contracts or grants, we comply with all applicable federal, state, and local regulations including but not limited to:

• Federal Acquisition Regulation (FAR) when applicable

• 2 CFR Part 200 (Uniform Guidance)

• State and local procurement requirements

• Program-specific regulations

11.2 Reporting and Documentation

Government-funded programs may require:

• Participant data collection and reporting

• Program evaluation and outcome measurement

• Site visits and audits

• Compliance with specific eligibility criteria

Participation in government-funded programs constitutes consent to these requirements as outlined in program-specific enrollment materials.

12. PRIVACY AND DATA PROTECTION

Our collection, use, and protection of personal information is governed by our separate Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at [link to Privacy Policy].

Key highlights:

• We are committed to protecting your privacy

• We comply with COPPA for children under 13

• We do not sell personal information

• We implement reasonable security measures

• You have rights regarding your data

13. DISCLAIMERS AND LIMITATIONS OF LIABILITY

13.1 "AS IS" Basis

OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13.2 No Guarantees

We do not warrant that:

• Our Site will be uninterrupted, timely, or error-free

• Results from using our Site or services will be accurate or reliable

• Any errors in our Site will be corrected

• Our services will meet your specific requirements

13.3 Educational Outcomes

While we strive for excellence in arts education, we make no guarantees regarding:

• Skill development or improvement rates

• Specific performance opportunities or outcomes

• Professional career advancement

• Acceptance into schools, programs, or competitions

13.4 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DIVINEST ESSENCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) our Site or services

• Any conduct or content of any third party on the Site

• Any content obtained from the Site

• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13.5 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Divinest Essence, its directors, officers, employees, volunteers, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms

• Your violation of any law or rights of a third party

• Your use of our Site or services

• Your enrollment or participation in our programs

• Any content you submit or transmit through our Site

• Your negligence or willful misconduct

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before filing any legal action, you agree to first contact us to attempt to resolve the dispute informally. We will do the same. This can often resolve issues faster and with less cost.

Contact for disputes: [Insert Email/Address]

15.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Harris County, Texas, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

EXCEPTIONS TO ARBITRATION:

• Small claims court matters (under jurisdictional limits)

• Claims for injunctive or equitable relief

• Intellectual property disputes

15.4 Class Action Waiver

YOU AND DIVINEST ESSENCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.5 Venue

For any claims not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Harris County, Texas.

16. TERMINATION

16.1 Our Right to Terminate

We may terminate or suspend your access to our Site or programs immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms

• Violation of program policies

• Non-payment of fees

• Behavior that endangers others or disrupts programs

• Providing false or misleading information

• Any other conduct we deem inappropriate

16.2 Effect of Termination

Upon termination:

• Your right to use our Site and access programs immediately ceases

• You remain liable for all fees incurred prior to termination

• Provisions that by their nature should survive termination shall survive (including disclaimers, limitations of liability, and dispute resolution)

16.3 Your Right to Terminate

You may terminate your participation at any time by providing written notice. Refunds, if any, will be issued according to our refund policy (Section 4.4).

17. MODIFICATIONS TO TERMS

17.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our Site with an updated "Last Updated" date.

17.2 Notice of Material Changes

For material changes affecting enrolled participants, we will provide reasonable notice via:

• Email to the address on file

• Posting on our website

• Notice at program locations

17.3 Continued Use Constitutes Acceptance

Your continued use of our Site or participation in programs after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use and participation.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any program-specific agreements, constitute the entire agreement between you and Divinest Essence regarding our Site and services.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, government actions, or utility failures.

18.6 Notices

All notices to Divinest Essence must be sent to:

Divinest Essence
5900 Balcones Drive, Suite 100 Austin, TX 78731
Email: contact@divinestessence.org
Phone: 713-396-3237

Notices to you may be provided via email to the address you provided at enrollment or registration.

18.7 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

18.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

19. ACCESSIBILITY COMMITMENT

Divinest Essence is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying relevant accessibility standards.

If you encounter accessibility barriers on our Site, please contact us at [Insert Email] with details so we can assist you and address the issue.

20. CONTACT INFORMATION

Questions about these Terms?

Divinest Essence
5900 Balcones Drive, Suite 100 Austin, TX 78731
Email: contact@divinestessence.org
Phone: 713-396-3237
Website: www.divinestessence.org

Mailing Address for Legal Notices:
5900 Balcones Drive, Suite 100 Austin, TX 78731

21. ACKNOWLEDGMENT

BY USING OUR SITE, ENROLLING IN PROGRAMS, OR UTILIZING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

For enrollments involving minors, the parent or legal guardian acknowledges that they have read and understood these Terms and agree to them on behalf of the minor participant.

© 2024-Current Date Divinest Essence. All rights reserved.

EIN: 41-3316409
Nonprofit Status: 501(c)(3) Tax-Exempt Organization
State of Incorporation: Texas

These Terms and Conditions were last updated on December 18, 2024, and are effective as of January 1, 2025.