Terms of Service
Effective January 1, 2022
Welcome to PEAK Theatre Arts! These Terms of Service (“Terms”) are a legally binding contract and govern your and/or your children’s access to, and use of, the website at https://peaktheatrearts.com/ and other digital and non-digital, products, services, activities, camps including, but not limited to PEAK Theatre Arts (“Services”) offered by PEAK Theatre Arts, LLC, a California limited liability company, and Discover Your PEAK LLC, a California limited liability company (collectively, “PEAK” “we,” or “us”).
These terms provide important information, including our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and PEAK Theatre Arts by binding individual arbitration. By using the Services, you agree to be bound by these Terms.
It is important that you carefully read and understand these Terms. If you do not agree to these Terms, you should not use the Services. Your use of the Services will constitute your acceptance and consent to these Terms.
Changes to These Terms or the Services
We reserve the right to change these Terms from time to time, at our sole discretion. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.
Registration and Your Account
While you may use our website without signing up for an account, you will need to sign up for a user account to use some of our Services. You agree that the information that you provide us during registration and your use of the Services is accurate, complete, and current and that you will update your information with us to keep it accurate, complete and current. You are solely responsible for your account and all activity associated with your account.
Payment and Cancellation
You acknowledge and agree that any payment and cancellation made in connection with the Services will be treated in the manner described in our Terms of Purchase Policy, which can be found https://www.peaktheatrearts.com/faqs. Our Terms of Purchase Policy is hereby incorporated into these Terms.
Your Use of the Services
Subject to these Terms, PEAK Theatre Arts grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PEAK Theatre Arts, in the manner permitted by these Terms. The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Services are and will remain the exclusive property of PEAK Theatre Arts and its affiliates. You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Services.
The Services are protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use PEAK Theatre Arts intellectual property, including but not limited to PEAK Theatre Arts' name or any of PEAK Theatre Arts trademarks, logos, domain names, other distinctive brand features, or copyrights.
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Services by us, other users of the Services and/or any third party. Such restriction includes conduct which is unlawful, or which may, in PEAK Theatre Arts sole opinion, harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory, or offensive content, or result in any disruption, within the Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, PEAK Theatre Arts computer systems, or the technical delivery systems of PEAK Theatre Arts providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by PEAK Theatre Arts; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services.
Copyright Policy/Intellectual Property Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim by e-mailing us or by writing to us at the contact information provided below.
The Services contain links to third party websites, software, applications, advertisers, services, or other content that is not owned or controlled by PEAK Theatre Arts, but such that will may be utilized by your children while using the Services. By using the Services, you expressly consent to your and/or your children’s use of such third party services, and acknowledge that we do not assume any responsibility for such third party sites, information, products or services. If you or your children access any third party websites, software, services or content from PEAK Theatre Arts, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, software, service or content, and you warrant that you have reviewed and agreed to the applicable terms of services and privacy policies relating thereto. You may revoke this consent at any time by terminating your use of the Services, but you agree that by revoking your consent, you and/or your children may not enjoy all the benefits offered by our Services.
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
To the fullest extent permitted by applicable law, and as a condition of your access to, and use of, the Services, you agree to indemnify and hold harmless PEAK Theatre Arts and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Services, (b) any breach of these Terms, (c) any claim or allegation that you have violated the intellectual property rights of other users or third parties, or (d) personal injury, accidents or illness, including, but not limited to, due to COVID-19, and property loss arising from your participation or your children’s participation in any PEAK Theatre Arts program, activity or camp, at any location. You further waive any and all claims and release PEAK Theatre Arts from liability for damage or loss incurred as a result of the actions or omissions of any third party while participating in any of the Services.
Waiver and Release of Liability Relating to COVID-19
By using the Services, you voluntarily assume risks, to the fullest extent permitted by applicable law, both known and unknown, relating to your children’s care and the Services provided hereunder arising from or relating to COVID-19, including all illnesses, injuries, damages or death arising therefrom, and you hereby forever release, waive, relinquish, and discharge PEAK Theatre Arts, along with its shareholders, officers, directors, members, managers, officials, partners, trustees, agents, contractors, employees, affiliates, or other representatives, and their successors and assigns (collectively, “PEAK Theatre Arts Representatives”), from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, and other losses of any kind, whether known or unknown, foreseen or unforeseen, (collectively, “Damages”) arising from or relating to COVID-19 as a result of your children care, or the Services provided hereunder, and including but not limited to claims based on the alleged negligence of any PEAK Theatre Arts Representative or any other person.
The release stated above shall extend to all claims about the subject matter of the release, whether or not claimed or suspected by the parties to these Terms and constitute a waiver of the provisions of Section 1542 of the California Civil Code, which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Limitation of Liability
By using the Services you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK THEATRE ARTS 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. IN NO EVENT SHALL PEAK THEATRE ARTS AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF TWENTY FIVE DOLLARS ($25.00) OR THE AMOUNTS PAID BY YOU TO PEAK THEATRE ARTS FOR THE PAST TWELVE MONTHS FOR THE SERVICES.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PEAK THEATRE ARTS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Assumption of Risk
Using the Services carries certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. You understand that you and your children may be exposed to dangers and hazards, including but not limited to: use of common classroom tools such as scissors, hot glue guns and tape dispensers; active outdoor play with other children; in-person interaction with other people; use of playground equipment; use of specialized equipment for certain activities for 6th-8th graders (including, but not limited to, cooking tools, kitchen knives, saws, drills, etc.); as well as the negligence of others. By using the Services, you understand and appreciate these dangers, hazards and other risks that are inherent in these activities, and that you acknowledge that your children’s participation is voluntary and that you knowingly assume all such risks.
Acknowledgement of Health Care Procedures
For in-person programs, activities or camps, you give permission to PEAK Theatre Arts to act according to their best judgment in any situation requiring medical attention for your children. This includes, but is not limited to, routine health care, administering and/or dispensing prescribed medications, and seeking emergency medical treatment including ordering x-rays or routine tests. You agree to the release of any records necessary for insurance purposes. You acknowledge that it is your responsibility to provide medical insurance coverage for your children while participating in the activities. Any costs of medical treatment provided to your children that are not covered by medical insurance will be your sole responsibility. You give permission to PEAK Theatre Arts to arrange necessary related transportation for your children. In the event you cannot be reached in an emergency, you hereby give permission to the physician selected by PEAK Theatre Arts to secure and administer treatment, including, but not limited to, hospitalization.
Media and Photo Consent and Waiver
By using the Services, you hereby grant consent and permission to PEAK Theatre Arts, its representatives and employees the right to take photographs, movies, and other video and audio recordings (the “Media Materials”) of your child, or any member of the extended family in connection with the work of PEAK Theatre Arts.
You agree to give PEAK Theatre Arts irrevocable and unrestricted permission to use your children’s likeness in such Media Materials without his/her name for any lawful purpose including, but not limited to, publicity, newsletters, brochures, publication, reports, web pages, promotional materials, and social media channels in connection therewith.
You hereby irrevocably authorize PEAK Theatre Arts to edit, alter, copy, exhibit, publish, or distribute these materials for any lawful purpose. In addition, you waive any right to inspect or approve the finished product wherein your children’s likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of any Media.
You agree that PEAK Theatre Arts owns the copyright in the Media Materials. You hereby hold harmless, release, and forever discharge PEAK Theatre Arts, and its legal representatives, from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in Alameda County. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
You and PEAK Theatre Arts agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and PEAK Theatre Arts each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and PEAK Theatre Arts agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available athttp://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and PEAK Theatre Arts agree otherwise, the arbitration will be conducted in Los Angeles, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and PEAK Theatre Arts submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contacting PEAK Theatre Arts
The Services are provided by PEAK Theatre Arts.
You can contact PEAK Theatre Arts by using our online form or by calling us at 424-291-2291
Effective: January 7, 2022