Terms of Service

Effective date: April 23, 2026 Last updated: April 23, 2026 Version: 1.0

Welcome to Viva (the "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website viva-aerial.com (the "Site"), our classes, events, teacher training programs, gift cards, and all related services (collectively, the "Services") offered by Viva-Aerial LLC, a Florida limited liability company.

By creating an account, purchasing any Service, or otherwise using the Site, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

1. Eligibility

You must be at least 18 years old to purchase Services, create an account, or sign a liability waiver on your own behalf. Participants under 18 must have a parent or legal guardian sign the liability waiver and these Terms on their behalf.

2. Services Offered

Viva offers, but is not limited to:

• Private aerial classes and sessions in-person in Miami (outdoor private garden setting) or online via video conference
• Workshops, performances, and special events at outdoor or third-party venues
• Teacher Training programs delivered online, on-location, or in hybrid format
• Gift cards redeemable for any of the above
• Digital content including video lessons, course materials, and written materials

Specific details for each Service (duration, location, included materials) are described at the point of purchase. We reserve the right to modify, suspend, or discontinue any Service at our discretion, with reasonable notice to affected customers.

3. Account Registration

Some Services require you to create an account. You agree to:

• Provide accurate, current, and complete information
• Keep your login credentials confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activity under your account

We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or disrupt the experience of other students.

4. Payment and Pricing

All prices are in U.S. dollars and displayed at the time of purchase. Payment is processed securely through Stripe, Inc. We do not store your full credit card information; we store only the last 4 digits and card brand for transaction reference.

By completing a purchase, you authorize us to charge the payment method you provided for the full amount, including any applicable taxes. Class credits, packages, and gift cards are subject to the specific terms disclosed at purchase.

Prices are subject to change, but any change will not affect Services you have already paid for.

5. Cancellations, Refunds, and Credits

Please see our separate Refund Policy for complete details. In summary:

• Payments are non-refundable except as required by law
• Cancellations made with sufficient advance notice may be eligible for service credit applied to your account
• Credits are redeemable for equivalent Services within 12 months of issue
• No-shows and late cancellations forfeit the session without credit

Teacher Training programs are governed by their own refund schedule disclosed at enrollment, which generally includes a limited cooling-off period and then becomes non-refundable.

6. Physical Activity — Assumption of Risk

Aerial dance is a physically demanding activity involving significant inherent risk of injury, including but not limited to falls, strains, sprains, bruises, fractures, concussions, dislocations, and in rare cases, serious or permanent injury or death.

Before participating in any in-person class or event, you must:

1. Complete and sign our Liability Waiver and Release of Liability ("Waiver")
2. Disclose any medical conditions, injuries, or pregnancies that may affect your ability to participate safely
3. Follow all instructions given by our instructors at all times

Signing the Waiver is a condition of participation. Failure to sign means you cannot participate, without refund. The Waiver is a separate legal document whose terms are binding in addition to these Terms.

7. Online Content and Teacher Training

Digital content (videos, manuals, PDFs) is licensed to you for personal, non-commercial use only. You may not:

• Download, record, screen-capture, or redistribute video content
• Share login credentials with third parties
• Resell, sublicense, or publish any portion of the content
• Use the content to train others commercially unless enrolled in our certified Teacher Training program

Access to online programs may be revoked if we detect sharing, downloading, or other violations. Each account is limited to 2 active devices at any time.

Teacher Training certification is granted only upon completion of all required modules and any applicable in-person practical assessments.

8. Intellectual Property

All content on the Site and within our Services — including logos, text, photography, videos, choreography, lesson plans, and course materials — is the property of Viva-Aerial LLC and our instructors, and is protected by U.S. and international copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, publicly display, or create derivative works from our content without our prior written consent.

9. User Conduct

You agree not to:

• Use the Services for any unlawful purpose
• Harass, threaten, or harm other students, instructors, or staff
• Attempt to gain unauthorized access to our systems
• Upload viruses or malicious code
• Misrepresent your identity or affiliation
• Film or photograph classes, other students, instructors, or any of our class locations without explicit written consent

We reserve the right to remove any user from our Services, with or without refund, for conduct that violates these Terms or is disruptive to the learning environment.

10. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT:

• The Site will be uninterrupted, error-free, or secure
• Any specific fitness, wellness, or skill outcome will be achieved
• Digital content will be available at all times

Nothing in our Services constitutes medical advice. Consult a physician before beginning any physical activity program, especially if you have pre-existing conditions, are pregnant, or are recovering from injury.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVA-AERIAL LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, INSTRUCTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or goodwill
• Damages resulting from your use or inability to use the Services

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Physical injury claims arising from in-person participation are governed primarily by the Liability Waiver.

13. Indemnification

You agree to indemnify, defend, and hold harmless Viva-Aerial LLC and its owners, officers, employees, instructors, agents, and affiliates from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any third-party right
• Your use of the Services
• Content you submit or share through the Services

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.

Any dispute arising out of or relating to these Terms or the Services shall first be subject to good-faith negotiation between the parties for at least 30 days. If unresolved, disputes shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the jurisdiction of those courts.

You agree that any claim must be brought within one (1) year of the event giving rise to the claim, or be forever barred.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice on the Site. Continued use of the Services after a change constitutes acceptance of the updated Terms. You can always find the current version at viva-aerial.com/Terms.

Previous versions will remain binding for activity occurring before the effective date of any update.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Contact

For questions about these Terms, contact us at:

Viva-Aerial LLC Miami, Florida Email: support@viva-aerial.com Website: viva-aerial.com

By using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.