TERMS AND CONDITIONS FOR SERVICES AND RELEASE OF LIABILITY

 

1. Applicability. These terms and conditions for services (these "Terms") are the only terms that govern the provision of services by Studio Ember, LLC (the "Studio," "we," or "us") to you on behalf of yourself or as the legal guardian of a student ("You" or "the Student") pursuant to an Order registering for Services (defined herein).

 

2. Order, Services and Policies. The accompanying order confirmation ("Order"), waiver and release (the "Release"), and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties as to the provision of services at the Studio in a class, workshop or other learning environment at a scheduled date and time (the "Services") as specified in an Order of Services placed via the Website or in person, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

 

3. Payments and Refunds. All payments for Services must be made in advance via cash, check, credit card or digital/online payment. Refunds are governed by the following policies:

A.  General Class Policy

• No refunds or credits are issued for missed classes

• With 24 hours advance notice, students may request to switch to the same class on a different day within 7 days, subject to availability

• All class transfers must be for identical classes within the same week

B.  Program-Specific Policies

Preschool Playgroups

• No refunds or credits for missed sessions

• With 24+ hours notice, spots may be transferred to a friend or family member

• We encourage gifting your spot if unable to attend

Elementary Programs

• No refunds or credits for missed sessions in Workshops & Clubs

• Class transfers available with 24+ hours notice, subject to availability

• Transferred classes must be identical and within the same week

Adult Programs

• No refunds, make-ups, or transfers for missed classes

Summer Camps

• Cancellations made 14+ days before start date: Full refund minus $50 non-refundable deposit

• Cancellations within 14 days of start date: No refund

• No partial refunds for missed days

 

4. Health and Safety Requirements. Students must not attend class if they have:

• Fever (must be fever-free for 24 hours without medication)

• Diarrhea or vomiting (must be symptom-free for 72 hours)

• Influenza (must wait 5 days after symptoms cease)

• Persistent cough or excessive nasal discharge

• Transmissible conditions including:

• Hand, foot and mouth disease

• Molluscum

• Herpes simplex outbreak

• Ringworm

• Head lice

• Any contagious rash or condition

 

5. Inclement Weather Policy

   a. Weekday Classes

• Follow Des Moines Public Schools (DMPS) closures

• Classes are automatically cancelled if DMPS closes or delays

• Notification will be sent via email and/or posted on social media

• If possible, Studio Ember will reschedule the class or issue a refund

   b. Weekend Classes

• Cancellation decisions will be made at least 1 hour before class

• Notification will be sent via email and phone, if possible, and posted on social media

 

6. Representation and Warranty. The Studio represents and warrants to The Student that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.

EXCEPT FOR THE WARRANTY SET FORTH ABOVE, THE STUDIO MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE STUDIO BE LIABLE TO THE STUDENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  IN NO EVENT SHALL THE STUDIO'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE STUDIO PURSUANT TO THIS AGREEMENT.

 

8. Contact Information. For questions or clarification, please contact our customer support team: Email: studioemberdsm@gmail.com

 

9. RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individual named in the Order (referred to as the "Student") desires to participate in the selected class (the "Class") provided by Studio Ember, LLC, an Iowa limited liability company located at 2799 100th St., Urbandale, IA 50322 (the "Studio").

This is to certify that, where the Student is a minor, the undersigned parent or guardian with legal responsibility for this Student, or where the Student is a legal adult (in either case the signatory being referred to herein as "I"), in consideration of the Student being permitted by the Studio to participate in the Class and the intangible value that the Student will gain by participating in the Class, and in recognition of the Studio's reliance hereon, the undersigned agree to all the terms and conditions set forth in this instrument (this "Release").

a. Acknowledgment of Risk. I am aware and understand that the class is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that any injuries that the Student sustains may result from or be compounded by the actions, omissions, or negligence of the Studio, including negligent emergency response or rescue operations of the Studio. Notwithstanding the risk, I acknowledge that the Student is knowingly and voluntarily participating in the Class with an express understanding of the danger involved and, I hereby agree to accept and assume any and all risks of injury, disability, death, and/or property damage arising from the Student's participation in the class, whether caused by the ordinary negligence of the Studio or otherwise.

b. Waiver and Release. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Studio, and its owners, managers, employees, agents, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to participation in the Class, whether arising out of the ordinary negligence of the Studio or any Releasees or otherwise. I covenant not to make or bring any such claim against the Studio or any other Releasee, and forever release and discharge the Studio and all other Releasees from liability under such claims.

c. Indemnification. I shall defend, indemnify, and hold harmless the Studio and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Studio arising out or resulting from any claim of a third party related to the Student's participation in the Class, including any claim related to the Student's own negligence or the ordinary negligence of the Studio.

d. Medical Treatment Authorization.  I hereby consent to the Student receiving medical treatment deemed necessary if they are injured during the Class or require medical attention during participation in the Class. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Studio from any claim based on such treatment or other medical services.

 

10. Governing Law and Venue.  All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Polk County, Iowa and I hereby consent to the exclusive jurisdiction of such courts.

Note: All terms, conditions, and policies are subject to change. Students and parents will be notified of any updates via email.

 

BY CLICKING "I AGREE,” WHEN PLACING AN ORDER YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND THE AGREEMENT. IF YOU DO NOT AGREE, YOU MUST REFRAIN FROM USING OUR SERVICES.  BY AGREEING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE STUDIO. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND FOR MINOR STUDENTS, I FURTHER REPRESENT THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE STUDENT LISTED ON THE ORDER, AND I HAVE THE LEGAL RIGHT TO CONSENT TO AND, BY SIGNING BELOW, I HEREBY CONSENT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.