1. Acceptance of Terms and Conditions

Welcome to DANDYS PARLOUR ARTS AND MUSIC (DPAM), located at 2519 MISSION STREET, SAN FRANCISCO, CA 94110-0000. These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (including, but not limited to, a minor student for whom you are the legal guardian, a patron, a donor, or a visitor), and DANDYS PARLOUR ARTS AND MUSIC (referred to herein as “DPAM,” “we,” “us,” or “our”). By accessing, enrolling in, visiting, donating to, or otherwise utilizing any of DPAM’s educational programs, workshops, performances, facilities, or digital services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you are expressly prohibited from using the Services and must discontinue use immediately. These Terms incorporate by reference our Privacy Policy, which outlines our data collection and protection practices. You agree that your participation in the Services is an acknowledgment of our mission to inspire creativity and foster collaboration, and is subject to all rules and policies established by DPAM.

1.1. Governing Law and Jurisdiction

These Terms and Conditions and your use of the Services are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You expressly agree that any legal action or proceeding related to these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in San Francisco County, California. By agreeing to these Terms, you irrevocably consent to the exclusive personal jurisdiction of such courts for any such action.

1.2. Changes to Terms

DPAM reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such revised Terms and Conditions are posted.

2. Program Enrollment and Financial Terms

These provisions govern all financial and contractual agreements related to enrolling in any class, private lesson, workshop, or camp offered by DPAM.

2.1. Registration and Fees

All enrollment in DPAM programs—including group classes, private one-on-one instruction, and specialized workshops—requires a complete and accurate registration form, which includes the acceptance of these Terms. A non-refundable Registration Fee may be required for initial enrollment in any academic year or term, the amount of which will be clearly posted on our website or the enrollment form. Tuition fees for all programs are due in full by the designated due date prior to the start of the term unless a formal payment plan has been pre-approved in writing by the Administration Office.

2.2. Tuition and Payment Obligations

You agree to pay DPAM all fees, costs, and charges at the rates in effect for the course of study in which you or the student is enrolled. DPAM reserves the right to adjust tuition fees annually or semi-annually, with reasonable advance notice provided to all registered participants. Failure to remit full payment by the established due date may result in the following actions, at DPAM’s sole discretion:

• Temporary suspension or immediate termination of the student’s enrollment in the class.
• Withholding of all student progress reports, performance opportunities, and certificates of completion until the account balance is settled in full.
• Imposition of late payment fees, as specified in the official program documentation.

2.3. Cancellation, Withdrawal, and Refund Policy

1. Student Withdrawal (Group Classes/Workshops):
   • Withdrawal 14 or More Days Prior to Start: Students withdrawing 14 or more calendar days before the official start date of the program will be eligible for a full refund of tuition fees paid, minus the non-refundable Registration Fee (if applicable).
   • Withdrawal Less Than 14 Days Prior to Start: Students withdrawing fewer than 14 calendar days before the official start date will forfeit 25% of the total tuition fee. The remaining 75% will be refunded.
   • Withdrawal After Program Starts: No refunds will be issued for withdrawal requests submitted after the official start date of any group class, workshop, or camp, regardless of attendance, except in cases of documented, long-term medical emergency, subject to review by the Executive Director.
2. Private Lessons (Specific Policy):
   • Student Absence: Students are required to provide a minimum of 24 hours’ notice for any cancellation of a private lesson. Lessons cancelled with less than 24 hours’ notice will be charged at the full rate and no make-up lesson will be offered.
   • Instructor Absence: If an instructor cancels a lesson, DPAM guarantees that a make-up lesson will be scheduled at a mutually agreeable time, or a full credit/refund for that specific lesson will be applied.
3. DPAM Cancellation: DPAM reserves the right to cancel any class, workshop, or program due to insufficient enrollment, instructor unavailability, or unforeseen facility issues. In the event of program cancellation by DPAM, all enrolled students will receive a full refund of all tuition and fees paid, including the Registration Fee.

2.4. Financial Aid and Scholarships

All financial aid and scholarship funds provided by DPAM are subject to specific eligibility requirements and availability, and are allocated at the sole discretion of the Scholarship Committee. Recipients of financial aid must adhere to all attendance and conduct standards set forth in these Terms. Misrepresentation of financial information or a failure to comply with program requirements may result in the immediate revocation of scholarship funds, requiring the participant to pay the remaining full tuition balance.

3. Conduct and Facility Use

These provisions establish the standards of conduct required for all students, visitors, volunteers, and patrons while engaging with DPAM’s staff, programs, and facilities at 2519 MISSION STREET.

3.1. Code of Conduct

All individuals utilizing DPAM Services must adhere to a strict Code of Conduct that promotes a safe, respectful, and collaborative environment, consistent with our mission. Prohibited conduct includes, but is not limited to:

• Harassment, bullying, or discrimination against any person based on race, gender, sexual orientation, religion, disability, or any other protected characteristic.
• Threats, violence, or any action that endangers the safety of others or results in damage to property.
• Use of illegal drugs, alcohol, or tobacco products on DPAM property at 2519 MISSION STREET.
• Theft, vandalism, or unauthorized use of DPAM property, equipment, or materials (e.g., instruments, art supplies).
• Disruption of classes, rehearsals, performances, or administrative operations.

3.2. Termination of Enrollment for Misconduct

DPAM reserves the absolute right, without liability for refund or tuition reimbursement, to suspend or permanently terminate the enrollment or access of any student, patron, or visitor who is found to be in violation of the Code of Conduct or who consistently exhibits disruptive or unsafe behavior. The determination of misconduct shall be made by the Executive Director and/or the Director of the relevant Program in their sole discretion. A formal written warning will typically be issued for minor infractions before termination, but DPAM reserves the right to immediate termination in cases involving serious or violent misconduct.

3.3. Facility Rules and Responsibilities

1. Use of Studios and Equipment: Users must treat all DPAM equipment, instruments, computers, and specialized studio materials with care and respect. Any damage caused by negligence or misuse will be billed to the responsible party or the legal guardian of the student. All users must adhere to specific studio protocols, including rules regarding food and drink consumption, instrument handling, and cleanup procedures.
2. Photography and Recording: Unauthorized photography, video recording, or audio recording of DPAM classes, private lessons, or performances is strictly prohibited unless explicit written permission has been obtained from the Administration Office and all involved participants (or their legal guardians) have provided written consent.
3. Supervision of Minors: DPAM faculty and staff are responsible for supervision only during the student’s scheduled class or lesson time. Parents/Guardians are solely responsible for their child’s supervision before and after class. Children should not be dropped off more than 10 minutes prior to class start time and must be picked up immediately at the scheduled end time. DPAM is not responsible for any incidents occurring outside of scheduled instructional time.

4. Intellectual Property, Content, and Media Rights

These provisions govern the ownership of creative works, content produced within DPAM programs, and the use of media for promotional purposes.

4.1. Ownership of Student Work

As an organization dedicated to empowering artists, DPAM acknowledges that the student, or the student’s parent/guardian, retains full ownership of the underlying intellectual property (IP) in all original visual artworks, compositions, recordings, and performance pieces created by the student during participation in DPAM programs. DPAM makes no claim of ownership over a student’s core creative output.

4.2. DPAM License to Use Student Work and Media

1. Promotional License: By enrolling in DPAM programs or visiting the facility, you and the student grant DPAM an irrevocable, non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, display, and distribute any photographs, video recordings, or audio recordings taken of the student or their work while participating in DPAM activities or while on DPAM premises. This media may be used for internal documentation, archival purposes, and external promotional materials, including but not limited to the DPAM website, social media, brochures, and fundraising appeals.
2. Opt-Out Provision: DPAM respects the right to privacy. If a parent/guardian wishes to opt out of having their student or their student’s work featured in promotional media, they must submit a formal, written “Media Exclusion Request” to the Administration Office at info@dpam.lat at the time of enrollment. DPAM will take commercially reasonable steps to exclude the individual from future promotional media, but cannot guarantee the removal of images or content already published prior to receiving the request.

4.3. DPAM’s Intellectual Property

All content, logos, trademarks, program names (including “DANDYS PARLOUR ARTS AND MUSIC”), curriculum materials, instructional guides, and the overall “look and feel” of the 2519 MISSION STREET facility and website are the exclusive property of DPAM and are protected by applicable intellectual property laws. You are prohibited from using, copying, reproducing, or distributing any DPAM IP without the express written permission of the Executive Director.

5. Liability and Disclaimers

These provisions outline the limits of DPAM’s liability regarding the Services and facility usage.

5.1. Assumption of Risk

You acknowledge and understand that participation in arts and music activities, including the handling of materials (e.g., paint, clay, instruments) and performance activities (e.g., stage movement, operating equipment), inherently involves certain risks, including the risk of minor or serious physical injury or property damage. By utilizing DPAM Services, you voluntarily accept and assume all risks inherent in your or the student’s participation. This includes, but is not limited to, the risk of injury during movement, exposure to art materials, or the risk of theft or damage to personal belongings (e.g., musical instruments, laptops, art portfolios) while on DPAM premises.

5.2. Disclaimer of Warranties

The Services provided by DPAM are offered on an “as is” and “as available” basis. DPAM makes no warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. DPAM does not guarantee that the educational outcome will result in a specific level of artistic proficiency, college acceptance, or professional success. All instructional results depend on the student’s individual effort, practice, and aptitude.

5.3. Limitation of Liability

To the fullest extent permitted by applicable law, DPAM, including its directors, officers, employees, agents, and instructors, shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including, but not limited to, lost profits, lost data, or personal injury, arising out of or in connection with: (i) your or the student’s use of, or inability to use, the Services or the facility; (ii) any conduct or content of any third party using the Services; (iii) unauthorized access, use, or alteration of your transmissions or content; or (iv) any errors or omissions in the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not DPAM has been informed of the possibility of such damage. DPAM’s total liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the total tuition fees paid by you for the specific service or program giving rise to the claim during the six (6) months immediately preceding the date the claim arose.

5.4. Indemnification

You agree to indemnify, defend, and hold harmless DPAM, its officers, directors, employees, and agents, from and against any and all claims, demands, liabilities, damages, losses, and costs, including reasonable attorneys’ fees, arising from or in connection with: (i) your or the student’s violation of these Terms and Conditions; (ii) your or the student’s willful misconduct or negligence while participating in the Services or utilizing the 2519 MISSION STREET facility; or (iii) any violation of any rights of a third party, including intellectual property rights, caused by you or the student.

6. Miscellaneous Provisions

6.1. Force Majeure

DPAM shall not be deemed in breach of these Terms or liable for any cessation, interruption, or delay in the performance of its obligations (including the provision of classes or performances) due to a condition beyond its reasonable control, including but not limited to: natural disasters, acts of God, governmental acts, war, terrorism, pandemics, fire, floods, power failures, or strikes. In the event of such a Force Majeure event, DPAM will make commercially reasonable efforts to transition instructional programs online or offer make-up sessions where feasible, but no refunds will be issued for classes cancelled due to events beyond our control.

6.2. Entire Agreement

These Terms and Conditions, together with any written policies, supplemental terms, or rules posted on the DPAM website or within the 2519 MISSION STREET facility, constitute the entire agreement between you and DPAM concerning the use of the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

6.3. Waiver and Severability

The failure of DPAM to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

6.4. Contact Information

For any questions, concerns, or requests for clarification regarding these Terms and Conditions, please contact the DPAM Administration Office using the following details:

Email: info@dpam.lat (Attn: Terms & Conditions Inquiry) Physical Address: DANDYS PARLOUR ARTS AND MUSIC, 2519 MISSION STREET, SAN FRANCISCO, CA 94110-0000

By continuing to use or participate in the Services provided by DANDYS PARLOUR ARTS AND MUSIC, you affirm that you are at least 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.