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Terms & Conditions
At Able ARTS Work Learn for Life we want to ensure that you experience an inclusive, fun learning atmosphere in our courses, classes and workshops. To this end, we kindly request that you embrace and comply with these terms and conditions at all times as these are the terms on which we supply our services.
Please read these terms carefully before you submit any booking with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
1.
About These Terms & Conditions
By submitting a Booking Form to Able ARTS Work Learn for Life, you are signifying your agreement to and acceptance of our Terms and Conditions. All references to the Terms and Conditions refer to these Terms and Conditions as amended and updated from time to time.
You can contact us by telephoning or emailing or by writing to learnforlife@ableartswork.org
If we have to contact you, we will do so by telephone or by writing to you at the email you provide to us in your booking or contact form.
2.
About Us
Able ARTS Work Learn for Life is an inclusive, accessible online learning site with live and pre-recorded classes. It is a branch of Able ARTS Work, previously known as Arts and Services for the Disabled, a non-profit serving adult with developmental disabilities in the Southern California area since 1982. Using the creative arts classes and therapies as tools to develop and strengthen social and developmental skills, our primary focus is to encourage and support artists with disabilities in their creative expression through inclusive community participation. Able Arts Work Learn for Life is a virtual community service available to anyone, any age, any ability, anywhere.
Our registered office address is 6475 E. Pacific Coast Highway, 3rd Floor, Long Beach, CA 90804.
3.
Definitions
“Agreement” means these Terms and Conditions and the Booking Form.
“Able ARTS Work Learn for Life” means the limited company with whom you have entered into this Agreement.
“Booking Form” means the form relating to the booking of the training courses, event or workshop – in person or online and which incorporates these Terms and Conditions.
“Fee” means the amount payable for the courses, class or workshop – in person or online as detailed in the Booking Form.
“Class, Workshop or Course” means any specific class, workshop or course online which Able ARTS Work Learn for Life offers.
4.
Booking & Payment
Courses, classes or workshops must be booked using the Booking Form and the Fee must be paid in advance of the Class, Workshop or Course unless otherwise agreed and can be proven by a document, online or written.
Payment of the Fee shall be due to Able ARTS Work Learn for Life upon completing booking the class, workshop, or course at https://www.ableartslearnforlife.org/book-online
Only when the Booking Form and payment of the Fee is received will your booking be confirmed.
If we are unable to accept your booking and the Fee has been paid, we will inform you of this in writing and refund you the Fee paid.
Class, Workshop or Course dates are available to view on the class page of the Able ARTS Work Learn for Life website: https://www.ableartslearnforlife.org/book-online
5.
Cancellation Policy
Please be advised that cancellations made up to 7 days before a scheduled class via the scheduling system and an email to learnforlife@ableartswork.org will be processed with a full refund.
Cancellations made between 7 and 3 days before a scheduled class via the scheduling system and an email to learnforlife@ableartswork.org will receive a refund of 75% of the cost of the class. Cancellations made 3 days or less before a scheduled class will not receive any form of refund.
If Learn for Life cancels a scheduled class for any reason, a notification will be emailed out and all scheduled participants will receive a full refund.
If you have any questions or concerns regarding this cancellation policy, please email Learn for Life at learnforlife@ableartswork.org .
6.
Attending a Class – Code of Conduct
In order to create a relaxed, comfortable, and inclusive environment for all participants, we ask that you comply with the code of conduct below:
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Classes will start on time and participants are expected to sign into the Zoom link for class on time, or a few minutes before. If participants sign in early they can wait in the Zoom waiting room.
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During the class, mobile phones must either be switched off or on silent unless otherwise agreed.
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While Zoom classes may feel very casual, participants must please ensure that they are appropriately dressed for class.
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Before joining a Zoom class a participant should ensure that they are in an area with strong internet connection and that has minimal background distractions, such as ambient noise from a nearby TV or radio, or people frequently walking behind them, if possible.
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If an instructor or therapist determines that a participant is disruptive and not following the code of conduct, the instructor or therapist on behalf of Able ARTS Work Learn for Life shall be entitled to remove the participant from the Zoom classroom. The disruptive participant in question will not receive a refund for the class.
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Participants are not allowed to share class, workshop, or course Zoom links that they receive upon booking.
7.
ADA Compliance & Accommodations
Able ARTS Work Learn for Life is in compliance with the Americans with Disabilities Act (ADA) of 1992. We ask that if you have a disability or medical condition that may require additional assistance to participate in a Zoom class, workshop, or course, to please reach out to the Virtual Learning Coordinator at sdavis@ableartswork.org at least 2 days before the scheduled class, workshop, or course. You can also see more about our accessibility options on the FAQ section of our website: https://www.ableartslearnforlife.org/faq
8.
Responsibilities
The participant is aware that the information set out in the Booking Form whether completed by the participant is accurate in all respects and will notify Able ARTS Work Learn for Life of any change in such information immediately by emailing learnforlife@ableartswork.org .
9.
Limitation of Liability
Able ARTS Work Learn for Life shall not be responsible for any loss that a participant suffers as a result, except for those losses which it could reasonably foresee would result from the failure to comply with these Terms and Conditions.
Able ARTS Work Learn for Life shall not be responsible to the participant for losses that result from its failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:
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loss of income or revenue;
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loss of business;
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loss of anticipated savings; or
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loss of data.
This clause shall not prevent claims for foreseeable loss of, or damage to, the participant’s physical property.
This clause does not exclude or limit in any way Able ARTS Work Learn for Life’s liability for:
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death or personal injury caused by our negligence; or
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fraud or fraudulent misrepresentation; or
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any other matter for which it would be illegal or unlawful for Able ARTS Work Learn for Life to exclude or attempt to exclude its liability.
The participant agrees that any claim against Able ARTS Work Learn for Life or any instructor, therapist, practitioner, employee or agent of Able ARTS Work Learn for Life must be brought within 60 days of the event that gave rise to such claim. The participant agrees any claim made thereafter should be discussed.
The participant acknowledges, warrants and undertakes that the maximum aggregate liability of Able ARTS Work Learn for Life to the participant under these Terms and Conditions shall not exceed the Fee paid for the class, workshop, or course.
All warranties and conditions whether implied by statute or otherwise are so far as is permitted excluded from these Terms and Conditions.
10.
Data Protection
Able ARTS Work Learn for Life acts a Data Controller in relation to services supplied under these Terms and Conditions.
The Company will adhere to all applicable data protection laws and always stores data sent to us in a secure manner as outlined in our Privacy Policy.
The Company shall ensure that data processing only takes place in accordance with the terms of this Terms and Conditions and any Data Processing Agreements in place from time to time. The Company only processes personal data where it has a lawful basis to do so. The Company may store and process personal data via our servers located in the United States of America, or any other country that provides suitable and adequate security measures to protect the data. Data will be transferred in accordance with the relevant data protection laws.
We retain the right to respond to legal requests as necessary.
11.
Personal Data
Able ARTS Work Learn for Life shall uphold all rights in relation to the use of a data subjects’ personal data. The rights of data subjects are contained within our Privacy Policy.
As permitted under data protection legislation, we will store a Participant’s data for as long as necessary in order to provide our services to the Participant. Information associated with your account will be kept until your account is deleted, unless the information is no longer needed for the purposes agreed or for other legitimate purposes.
Once our relationship with you as a user of our classes has terminated, we will retain personal information only to comply with legal requirements, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and take any action permitted by law.
We do not pass participants’ information to any third parties. Your data will not be used or sold outside of the agreed Terms and Conditions.
12.
Fair Processing Notice of Audio &/or Visual Records &/of Photographs
Able ARTS Work Learn for Life may take and use audio or visual recordings, photographs of you, recordings and screenshots of classes, courses, and workshops with you in it for the following purposes:
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to be displayed on the Able ARTS Work Learn for Life website;
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to be displayed on Able ARTS Work Learn for Life administered social media platforms;
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to appear in Able ARTS Work Learn for Life publications (including, but not limited to, prospectuses, marketing materials and annual reports)
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general publicity purposes
If you have any concerns about or wish to opt out to audio or visual recordings and photographs being taken please contact us. If you would like us to remove any specific audio or visual recording or photograph of you from an existing Able ARTS Work Learn for Life publication, website or display, please contact Able ARTS Work Learn for Life by emailing us at learnforlife@ableartswork.org
13.
Intellectual Property
this website and the services provided. Use of the services does not give the user any ownership in the services, its content, any class handouts, or any trademark or logo used on the website. Participants understand that they may not share class Zoom links with anyone else. Any information or material provided to us is on the basis of a non-exclusive, irrevocable, perpetual and royalty free license to use such information and material in relation to the services we provide under our Terms and Conditions.
14.
Changes to Terms & Conditions
These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.
By accepting our Terms and Conditions, you consent to our collection, storage, use and disclosure of your personal information as described in our Privacy Policy
15.
Force Majeure
Able ARTS Work Learn for Life will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Able ARTS Work Learn for Life.
16.
Severance
Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.
No Waiver
The failure by either party to enforce any obligation under these Terms and Conditions at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms and Conditions.
18.
Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is no contained herein shall be binding or form part of these Terms and Conditions.
18.
Complaints
Able ARTS Work, Learn for Life complaint process:
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Is deliberative and consistent
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Is prompt, fair and equitable in manner.
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Recognizes the value of information provided by participants and the public.
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Understands it will help us improve our operations and are ability to fulfill our mission and vision.
We do not accept complaints via mail or phone, only by email.
Able ARTS Work process for reviewing and responding to a complaint consists of the following steps:
1. Submit complaint by email: learnforlife@ableartswork.org
2. We will initially review the complaint within 30 days of its receipt. The complainant will be notified upon conclusion of this initial review. This notification will provide information on any next steps, if applicable.
2a. If Able ARTS Work determines a complaint warrants further consideration, the complaint, including related documentation as applicable, will be needed to be submitted for review.
2b. Able ARTS Work will review the information provided within 30 days of its receipt and make a decision regarding the complaint.
Note: Once a complainant has been notified as to the outcome of the initial review, Able ARTS Work will address the complaint from that point forward according to established policies and procedures as appropriate. Able ARTS Work is unable to provide further updates as to the status of a complaint. All correspondences will be done and completed by email.