Lalkaare Folk Academy (“LFA”) – Terms of Service

Effective Date: January 2023

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ENROLLING IN ANY LFA PROGRAM, CLASS, OR MEMBERSHIP, YOU AGREE TO BE LEGALLY BOUND BY THE FOLLOWING TERMS, CONDITIONS, AND POLICIES, WHICH GOVERN ALL PARTICIPATION AND USE OF LFA SERVICES. FAILURE OR REFUSAL TO ADHERE TO THESE TERMS MAY RESULT IN SUSPENSION OR TERMINATION OF MEMBERSHIP WITHOUT REFUND.

1. GENERAL PROVISIONS AND SCOPE

1.1 Scope of Agreement
These Terms of Service (hereinafter, “Agreement,” “Terms,” or “TOS”) constitute the entire and exclusive agreement between Lalkaare Folk Academy, its affiliates, subsidiaries, successors, assigns, and each person or entity (hereinafter “Student,” “You,” or “Your”) that enrolls in or otherwise participates in LFA’s programs, classes, or memberships. Any prior or contemporaneous understandings, whether written or oral, concerning the subject matter herein, are hereby superseded.

1.2 Acceptance and Modifications
(a) By executing any enrollment document, submitting any registration form (including, without limitation, online web forms), providing payment details, or otherwise indicating acceptance (for instance, by checking a box or clicking “I agree”), You affirm Your unconditional consent to the Terms outlined herein.
(b) LFA reserves the right, at its sole discretion, to amend, modify, supplement, or replace any portion of these Terms, in whole or in part, at any time, with or without notice, effective upon posting such revisions to LFA’s official website or via any other communication channel LFA deems fit. Your continued use or participation after such modifications have been posted or communicated shall constitute Your acceptance of the modifications.

2. ENROLLMENT, MEMBERSHIP PLANS, AND AUTO-RENEWAL

2.1 Enrollment Procedure
(a) Enrollment shall be deemed complete upon submission of the requisite information (including name, contact details, payment credentials) and agreement to these Terms.
(b) In the event that LFA offers a trial class or promotional session (collectively, the “Trial”), attendance or participation in such Trial is subject to the same Terms, and Student acknowledges that acceptance of any Terms or disclaimers at the Trial stage shall be binding and not subject to revocation.

2.2 Membership Categories
(a) LFA may, at its discretion, offer membership plans of varying durations (e.g., monthly, quarterly, semiannual, annual). Selection of a specific plan constitutes agreement to the fees, renewal intervals, and associated terms.
(b) Each category of membership may contain unique benefits, class access, scheduling priorities, or other perks. LFA, in its sole discretion, reserves the right to modify, reduce, expand, or eliminate such benefits without prior notice.

2.3 Auto-Renewal Consent
(a) Unless explicitly stated otherwise in a written instrument signed by an authorized LFA representative, all membership plans are subject to automatic renewal at the conclusion of their respective term for a subsequent term of equal duration, at the then-prevailing rate.
(b) By providing payment information and enrolling in a membership, You acknowledge and affirm that You are authorizing LFA to charge Your designated payment method for each such renewal term unless and until You properly terminate your membership pursuant to Section 5 of this Agreement.

2.4 Membership Commencement Date
(a) The official start date of membership shall be the date on which LFA processes Your initial payment or, if earlier, when You first attend a class under the membership plan, whichever comes first.

3. PAYMENT OBLIGATIONS AND BILLING CYCLES

3.1 Fees and Currency
(a) All fees, tuition, or other monetary amounts due to LFA shall be denominated in U.S. dollars (USD), unless otherwise specified in writing.
(b) The applicable fee for each membership plan, including any taxes, duties, or additional charges, shall be communicated at the time of enrollment and may be subject to adjustments as determined by LFA.

3.2 Billing Cycle and Payment Schedule
(a) For membership plans with defined terms (e.g., 6 months, 12 months), You will be billed at the outset of each term, or in periodic installments if expressly stated by LFA.
(b) Auto-renewal charges shall be initiated on or around the final day of the preceding term; should the payment method on file be declined or fail for any reason, LFA shall retain the right to suspend services or terminate the membership, unless an alternative form of payment is provided within a reasonable timeframe as determined by LFA.

3.3 Delinquent Accounts
(a) If Your account is or becomes past due (i.e., failure to pay any outstanding fees within the prescribed timeframe), LFA may, at its sole discretion, suspend Your membership, deny class attendance, impose late fees or penalties, or terminate Your membership forthwith without liability for refunds.
(b) You hereby agree to reimburse LFA for all administrative costs, legal fees, and any other expenses incurred in connection with the collection of delinquent accounts.

4. ATTENDANCE, SCHEDULING, AND USAGE OF FACILITIES

4.1 Class Scheduling and Modifications
(a) LFA reserves the right, exercisable at its sole discretion, to modify class schedules, instructors, venues, or the mode of lesson delivery (e.g., online versus in-person), at any time, with or without advance notice.
(b) In instances where classes are rescheduled or canceled, LFA shall endeavor, but is not obligated, to provide make-up sessions, subject to availability and feasibility.

4.2 Non-Participation
(a) Voluntary non-attendance or inability to attend scheduled classes, for reasons including but not limited to personal scheduling conflicts, health, travel, or other obligations, does not entitle You to any refund, extension, or proration, barring exceptional circumstances explicitly agreed upon by LFA in writing.

4.3 Conduct and Compliance
(a) Students, and if applicable, their parent/guardian, shall comply with all LFA policies, codes of conduct, and any directives issued by LFA staff or representatives. Failure to adhere may, in LFA’s absolute discretion, result in immediate termination of membership without refund.

5. CANCELLATION, UNENROLLMENT, AND PAUSING MEMBERSHIP

5.1 Mandatory Cancellation Procedure
(a) To initiate cancellation or unenrollment from LFA, You must complete and submit the official Membership Modification Form (“Modification Form”), which is accessible via LFA’s designated platform or by direct request to an authorized LFA representative.
(b) No cancellation requests transmitted solely by verbal statement, email, text message, or any other mode shall be deemed valid unless accompanied by a duly completed Modification Form, unless LFA elects (at its exclusive discretion) to honor such request.

5.2 Unenrollment Fee and Effective Date
(a) Unless otherwise waived by LFA in writing, an unenrollment fee of thirty-nine U.S. dollars ($39) shall apply to all cancellations initiated before the conclusion of the then-current membership term.
(b) Unenrollment is not deemed effective, and no cessation of billing shall occur, until the date on which the Modification Form is processed and approved by LFA (“Effective Cancellation Date”), which may require additional actions as deemed necessary by LFA (e.g., proof of WhatsApp group departure).

5.3 Pausing or Suspension of Membership
(a) Subject to the terms of the Modification Form, You may request a pause or temporary suspension of membership for a duration not exceeding three (3) months.
(b) No fee applies to pausing membership. However, upon the pause period’s expiration, billing shall automatically resume without notice, unless You have timely submitted a further Modification Form seeking an extension or a final unenrollment.

5.4 Cancellation Notice Period
(a) In order to avoid the next auto-renewal charge, You must ensure that Your completed Modification Form is received and confirmed by LFA no fewer than fourteen (14) calendar days prior to the scheduled renewal date.
(b) Failure to meet this deadline shall result in the applicable renewal fee being charged without partial or prorated refund.

6. REFUND POLICIES AND DISCLAIMER

This Refund & Cancellation Policy applies to all classes, workshops, membership plans, and other services provided by LFA. It supplements and incorporates any overarching Terms of Service (“TOS”), including all enrollment forms, waivers, and disclaimers. Where discrepancies arise between this Policy and any other LFA documentation, the provisions of this Policy shall govern refunds and cancellations exclusively, unless explicitly stated otherwise.

6.1 No Prorated or Partial Refunds
(a) Except as otherwise required by applicable law or explicitly agreed upon in writing by an authorized LFA official, no refunds—full, partial, or prorated—shall be issued once a membership term has commenced or renewed.

6.2 Medical or Extenuating Circumstances
(a) Requests for refunds due to medical incapacity or other extenuating factors may be submitted to LFA for consideration, at LFA’s sole and absolute discretion. Supporting documentation may be required, and LFA’s decision in such matters is final and binding.

6.3 Multiple Student Enrollments
(a) In the event multiple students (e.g., siblings) are enrolled under a single payer or family account, cancellation or unenrollment of one student does not automatically extend to others. Each must adhere to Section 5 individually.

6.4 Voluntary Non-Attendannts
(a) If You miss or choose not to attend any scheduled class—whether due to personal scheduling conflicts, illness, or any other cause unrelated to LFA—no refund, partial or full, shall be issued for those missed sessions.

6.5 Failure to Use Services
(a) Students who do not utilize their classes or membership for any duration of the term (e.g., days, weeks, or months) remain fully responsible for the full membership fee. Non-usage does not constitute grounds for a refund or credit.

6.6 Weather-Related Closures
(a) LFA reserves the right to cancel or postpone classes due to inclement weather or other Acts of God when such conditions jeopardize the safety of Students and staff. Under no circumstances shall Students be entitled to a refund, partial or full, when classes are postponed or canceled due to inclement weather. Attempts to reschedule or provide a make-up class shall fully discharge LFA’s obligations.

6.7 Make-Up Sessions
(a) If a class is canceled by LFA for weather-related reasons, we will make reasonable efforts to reschedule or offer a make-up session at a later date.
(b) The scheduling of make-up sessions is subject to instructor availability, venue constraints, and overall feasibility.

6.8Upcoming Billing

• LFA administers recurring billing based on the Student’s chosen membership plan (e.g., monthly, quarterly, semiannual). Cancellations or downgrades to membership must be discussed with and received by LFA at least 24 hours prior to the scheduled billing date to avoid incurring the subsequent cycle’s charge.

6.9Late Cancellation Requests

• Any request to cancel a membership, terminate an agreement, or cease recurring billing provided less than 24 hours before the upcoming billing date will not be processed in time to prevent the impending charge.
• In such cases, the Student is responsible for the next billing cycle’s fees and shall not be eligible for a refund.

6.10 Unenrollment Fee & Documentation

• If a Student seeks to cancel mid-term, LFA may require the completion of a Membership Modification Form or similar documentation, and may assess an unenrollment fee (if specified in the main TOS). Failure to complete the required paperwork does not absolve the Student from the recurring billing cycle if the notice timeframe is not met.

6.11 Official LFA Breaks or Holidays

• LFA may pre-announce scheduled breaks, holidays, or closures (e.g., major national holidays, festival periods, or staff in-service days). These break periods will be communicated to Students via email, posted notice, or direct message in official LFA communication channels.

6.12 Possible Extensions or Credits

• In the event LFA announces a scheduled break that significantly alters the class timetable, we may, at our discretion:
  • Extend the membership term to compensate for missed classes, or
  • Offer a credit toward a future class or membership period.
• Such adjustments will be decided on a case-by-case basis and do not constitute a general policy of refund.

6.13 Exceptions & Discretion

• LFA retains the right to determine whether a particular class or event cancellation (beyond pre-announced breaks) qualifies for any form of reimbursement. In all cases, a formal notice from LFA will clarify the extent of any credit or term extension.

6.14 Policy Updates

• LFA reserves the right to amend or update this Refund & Cancellation Policy at any time, with or without notice, by posting the revised version on our official website or via relevant communication channels. Continued participation in LFA services following any such updates constitutes acceptance of the amended terms.

7. LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION

7.1 Assumption of Risk
(a) You acknowledge that dance instruction involves physical exertion and potential physical risk. By enrolling or permitting a minor to enroll, You voluntarily assume all risks associated with participating in LFA’s classes, workshops, or activities.

7.2 Limitation of Liability
(a) To the fullest extent permitted by law, LFA’s total liability for any claim arising out of or relating to these Terms or Your participation in LFA’s services shall be limited to the amount You paid for the specific membership term during which the alleged claim arose.
(b) Under no circumstances shall LFA be liable for indirect, consequential, incidental, special, or punitive damages, even if advised of the possibility of such damages.

7.3 Indemnification
(a) You agree to indemnify, defend, and hold harmless LFA and its officers, directors, employees, contractors, affiliates, and agents from and against any and all losses, liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from Your breach of these Terms or Your negligent or wrongful conduct in connection with LFA’s services.

8. DISPUTE RESOLUTION AND GOVERNING LAW

8.1 Informal Resolution
(a) You agree to contact LFA in good faith to attempt to resolve any billing or membership issues prior to initiating a chargeback or filing a dispute with Your financial institution, as set forth in Section 5.

8.2 Choice of Law and Forum
(a) This Agreement shall be governed by and interpreted under the laws of Maryland USA, without regard to conflicts-of-law principles.
(b) Any claim or legal proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Maryland. You hereby submit to the personal jurisdiction thereof and waive any objection based on inconvenient forum.

8.3 Prevailing Party
(a) In any dispute arising under or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief granted.

9. COMMUNICATIONS AND NOTICES

9.1 Primary Communication Channels
(a) LFA frequently utilizes email, phone, text, and messaging applications (including but not limited to WhatsApp) for distribution of critical announcements, billing inquiries, and class schedules. You are responsible for providing accurate and up-to-date contact information and ensuring that emails from LFA are not marked as spam.

9.2 Notice to You
(a) Any notice or other communication provided by LFA under these Terms, including notices regarding modifications, may be delivered via email, SMS, platform notifications, or by posting on LFA’s official website.

9.3 Notice to LFA
(a) Unless explicitly stated otherwise herein, notices to LFA shall be delivered via written correspondence to the address or email designated by LFA and, if required, accompanied by relevant membership identifiers.

10. MISCELLANEOUS PROVISIONS

10.1 Severability
(a) If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Any invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to render it valid and enforceable.

10.2 No Waiver
(a) The failure of LFA to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

10.3 Assignment
(a) LFA may assign or transfer any of its rights or obligations under these Terms without notice or consent. You may not assign or transfer these Terms or Your membership without the prior written approval of LFA.

10.4 Entire Agreement
(a) These Terms, inclusive of all policies, amendments, and addenda referenced herein, constitute the entire understanding between the parties with respect to the subject matter and supersede all prior oral or written communications, representations, or understandings.

11. ACKNOWLEDGMENT AND ACCEPTANCE

By signing, checking the designated box, or otherwise indicating acceptance of these Terms, You represent and warrant that You have read, understood, and agree to be bound by all the provisions set forth above. You further acknowledge that You have had the opportunity to consult with independent counsel of Your choosing before accepting these Terms.

IN WITNESS WHEREOF, You hereby electronically or otherwise sign and agree to these Terms on the date of Your enrollment.

Lalkaare Folk Academy