These Terms and Conditions of Service (“Terms”) constitute a legally binding agreement between you (the “User,” “Participant,” “Student,” or “Guardian”) and the AFOUTAYI Haitian Dance Music and Arts Company (“AFOUTAYI,” “Organization,” “We,” “Us,” or “Our”). By registering for classes, purchasing services, attending events, utilizing our website, or otherwise engaging with any offering provided by AFOUTAYI, you signify your unreserved acknowledgment and explicit acceptance of these Terms, committing yourself and any minor participant under your legal guardianship to adhere to all policies, rules, and conditions set forth herein. Your agreement to these Terms is fundamental to your participation in our programs, which are based on the sacred principles of Respect, Lineage, and Community, and are designed to ensure a safe, structured, and authentic cultural exchange environment for all individuals. These Terms encompass all aspects of your interaction with AFOUTAYI, including but not limited to financial obligations, conduct in the studio, medical consent waivers, intellectual property rights, and limitations of liability, and they remain in full force and effect for the entire duration of your enrollment and subsequent interactions with the Organization. We strongly urge all Users to review this document in its entirety before making any commitment, as continuing participation implies full acceptance of all clauses, disclaimers, and obligations contained within this comprehensive agreement.

1. Acceptance of Terms and Legal Capacity

These Terms establish the contractual relationship governing your use of AFOUTAYI’s educational, artistic, and community services, defining the mutual responsibilities and expectations between the participant and the Organization. By accessing, enrolling in, or using our Services, you represent and warrant that you are at least eighteen (18) years of age and possess the full legal authority to enter into this agreement, or, if you are registering a minor, that you are the parent or legal guardian with the legal authority to bind that minor participant to these Terms and assume full responsibility for their adherence to all policies contained herein. The minor participant, upon their physical entry into the studio or participation in a virtual class, is also deemed to have accepted these Terms subject to the full responsibility and guarantee of the signing Guardian. Should you disagree with any portion of these Terms, including any future amendments, your sole and exclusive recourse is to immediately cease all use of our Services and withdraw from all active enrollments, as continued enrollment or participation signifies irrevocable acceptance of the entirety of this binding contractual document. This agreement explicitly supersedes any prior oral or written communications, agreements, or understandings between you and AFOUTAYI regarding the Services, establishing this document as the single, authoritative source for the governing terms of our relationship.

2. Organizational Mission, Cultural Context, and Educational Philosophy

AFOUTAYI is a non-profit cultural organization dedicated to the rigorous preservation and authentic transmission of Haitian traditional dance, music, and visual arts, and all Services are offered within this specific, mission-driven context. The Organization’s educational philosophy is rooted in the Haitian concept of lakou, emphasizing communal learning, respect for ancestral knowledge, and the direct, non-notated transmission of technique and history from master artists to students, recognizing the deep spiritual and historical significance embedded within these artistic practices. Participants and Guardians understand and agree that our classes are not merely physical exercise or recreational activities; they are specialized cultural immersion experiences where emphasis is placed equally on technical mastery, historical context, and cultural reverence. Enrollment signifies your acceptance of this pedagogical approach, which may include exposure to Kreyòl language terms, traditional songs, and discussions of Haitian folklore, Vodou symbolism, and history as it relates to the art forms, all presented within a respectful, educational, and non-sectarian environment by our master instructors. We reserve the absolute right to refuse or terminate participation for any individual whose conduct is deemed disrespectful, disruptive, or contrary to the cultural and educational mission and values of the Organization, as determined by the Artistic Director or Lead Instructor, recognizing that maintaining the sanctity and respect of the lakou is paramount to our mission.

3. Enrollment, Fees, and Payment Obligations

All enrollment in AFOUTAYI’s programs, including multi-week sessions, one-time workshops, and summer intensives, requires the timely completion of the official registration form and the immediate remittance of all applicable fees and tuition as specified in the published fee schedule for the current session. Tuition fees are established based on the duration, frequency, and specific expertise required for the program, and are due in full upon registration unless a formal, pre-approved payment plan has been explicitly agreed upon in writing by the AFOUTAYI Administration prior to the start date of the session. A non-refundable administrative enrollment fee is typically assessed with the first payment for each session to cover the costs associated with processing registration, securing studio space, and pre-session material preparation, and this fee is explicitly non-transferable and non-returnable under any circumstances, including participant withdrawal or class cancellation due to reasons outside the Organization’s control. Failure to remit payment by the published deadline or failure to adhere to the agreed-upon payment plan schedule constitutes a material breach of these Terms, granting AFOUTAYI the immediate right to suspend or terminate the participant’s access to all classes, events, and facilities until the outstanding balance, along with any accrued late payment fees, is paid in full. We maintain a zero-tolerance policy for bounced checks or reversed credit card payments without prior notification, and such instances will incur an additional administrative fee equal to the bank or processor penalty incurred by the Organization.

4. Refund, Cancellation, and Withdrawal Policy

AFOUTAYI maintains a strict, carefully defined refund and cancellation policy, which is necessary due to the non-profit nature of our cultural work, the necessity of pre-booking master artists and securing studio time months in advance, and the commitment required to sustain the authentic, specialized instruction we provide. All tuition and fees, except as expressly stated otherwise in this section, are non-refundable and non-transferable once the enrolled session has officially commenced. If a Participant initiates a Voluntary Withdrawal in writing (via email to info@ahdm.site) before the commencement of the first scheduled class of the session, they may be eligible for a refund of tuition paid, minus the mandatory non-refundable enrollment fee and any materials fees already incurred. Once the session has begun, no refunds will be issued for voluntary withdrawal for any reason, including scheduling conflicts, lack of interest, or minor illness, as the participant’s place has already been reserved and the financial commitments to instructors and facilities have been made based on this enrollment. In the rare event of a participant sustaining a documented, long-term injury or severe illness requiring withdrawal, a prorated credit for a future session may be considered on a case-by-case basis, provided a physician’s note is submitted and the written request for medical withdrawal is received within seven (7) days of the injury occurrence, and any decision regarding credit issuance remains at the sole and final discretion of the AFOUTAYI Board of Directors.

4.1 Organizational Cancellations and Force Majeure

In the unlikely event that AFOUTAYI is forced to Cancel an Entire Session or Program for reasons within our control, enrolled participants will receive a full refund of tuition and materials fees paid, including the enrollment fee. If AFOUTAYI is forced to cancel an individual class due to instructor illness or unforeseen studio unavailability, the Organization will make every reasonable effort to schedule an equivalent make-up class at a convenient date and time; if a make-up class cannot be scheduled, a credit equivalent to the prorated value of the canceled class will be applied to the participant’s account for use in a future session. However, AFOUTAYI shall not be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, pandemic-related closures or mandates, governmental restrictions, major utility failures, or severe weather conditions (“Force Majeure Event”). In the event of a Force Majeure Event, the Organization reserves the right to suspend or modify classes, including transitioning in-person classes to virtual formats, and no refunds or credits will be issued, as the Organization is acting in good faith to continue the delivery of the contracted Services through modified means.

5. Conduct, Safety, and Participation Guidelines

All participants and Guardians agree to strictly adhere to the AFOUTAYI Code of Conduct, which is centered on the core cultural values of Respect for the art form, the instructors, the facility, the instruments, and fellow participants, ensuring the nurturing environment of the lakou is maintained at all times. Disruptive, disrespectful, aggressive, or culturally insensitive behavior directed toward any member of the AFOUTAYI community or its property will not be tolerated, and any participant engaging in such conduct is subject to immediate removal from the class, suspension, or permanent expulsion from all programs without refund or credit, at the sole discretion of the Artistic Director. For dance and drumming classes, participants must adhere to the prescribed Dress Code for safety and instructional clarity, which typically includes comfortable, loose-fitting attire, and a clean, traditional wrap or foula is often required for specific movement forms, with specific footwear requirements to be communicated by the instructor based on the tradition being taught. Guardians of minor participants are responsible for ensuring timely drop-off and pick-up of their child, and the Organization does not provide supervision for minors outside of their scheduled class time, requiring the Guardian to remain present on or near the premises for the duration of the class, especially for younger participants (ages 12 and under), to be available immediately in case of emergency or early class dismissal.

5.1 Mandatory Health and Safety Requirements

In the interest of participant safety, all enrolled individuals, or their Guardians, must accurately disclose all relevant medical conditions, allergies, and emergency contact information during the registration process, and they must proactively update the Organization immediately should any material change occur in the participant’s health status. Participants in physically demanding classes (dance, drumming) are responsible for informing the instructor immediately if they feel unwell, experience pain, or sustain an injury, and they agree to cease participation upon the instructor’s direction, recognizing the instructor’s authority to mandate rest or non-participation for safety reasons. AFOUTAYI maintains a strict policy on zero-tolerance for drug or alcohol use before or during class time and reserves the right to immediately dismiss any participant exhibiting signs of impairment. Furthermore, the use of personal recording devices (photo or video) during class is strictly prohibited unless explicit permission is granted by the instructor and all participants present, as unauthorized recording may violate the intellectual property rights or cultural reverence associated with the material being taught.

6. Intellectual Property and Media Consent

The entirety of the artistic material taught and performed by AFOUTAYI, including choreography, rhythmic compositions, musical arrangements, instructional methodologies, original songs, and visual art designs, constitutes the proprietary Intellectual Property (“IP”) of the Organization and/or its Master Artists, protected under relevant copyright and cultural heritage laws. Participants acknowledge that their enrollment grants them a non-exclusive, non-transferable license to learn and practice this IP solely for personal development and authorized performance within AFOUTAYI programs, and it explicitly does not convey any right to reproduce, perform commercially, distribute, teach, or create derivative works based on this IP without the prior, express written consent of the Artistic Director and the respective Master Artist. Any unauthorized use or dissemination of AFOUTAYI’s proprietary cultural material constitutes a material breach of these Terms and may result in legal action and immediate, permanent expulsion from all programs without refund.

6.1 Media Consent and Usage Rights

The Guardian or adult participant explicitly grants AFOUTAYI and its agents the irrevocable, perpetual, worldwide, royalty-free right and license to use, publish, reproduce, distribute, and display photographs, video recordings, and sound recordings of the participant taken during classes, rehearsals, or performances for the sole purpose of promoting the Organization’s mission, cultural programs, and artistic services. This media may be used in promotional materials, websites, social media platforms, print brochures, and grant reports, and may be used to document the historical and cultural work of the Organization. Crucially, this media consent is fully subject to the separate, explicit, and verifiable written Media Consent Form executed during the registration process, which allows the Guardian or adult participant the specific right to Opt-Out of all or specific forms of public media usage. While AFOUTAYI commits to honoring all Opt-Out requests and will cease all new public uses upon written withdrawal of consent, the Organization cannot recall or retract media that has already been distributed, published, or archived prior to the receipt of the withdrawal notice, acknowledging the limitations of digital and print distribution in this regard.

7. Limitation of Liability and Assumption of Risk

The Participant and Guardian fully understand and acknowledge that participation in dance, drumming, and other physical arts activities involves inherent risks of physical injury, including but not limited to minor cuts, bruises, sprains, joint injuries, and, in rare instances, more severe injuries, recognizing that such risks are unavoidable in any rigorous physical training. Therefore, by signing these Terms and enrolling, the Participant and Guardian hereby expressly and voluntarily Assume All Risks associated with participation in AFOUTAYI’s programs, including those risks arising from the negligence or fault of the Participant, the Organization, its staff, instructors, or other participants. The Participant and Guardian hereby release, waive, discharge, and covenant not to sue AFOUTAYI, its officers, directors, instructors, agents, employees, and property owners (collectively, the “Releasees”) from any and all liability, claims, demands, actions, and causes of action whatsoever, including for personal injury, property damage, or wrongful death, whether caused by the negligence of the Releasees or otherwise, arising out of or related to participation in any AFOUTAYI program or event, wherever the same may occur, including on or off the premises located at 3149 Nevada Avenue South, St. Louis Park, MN 55426. The maximum cumulative liability of AFOUTAYI to the Participant or Guardian for any claim arising out of or relating to these Terms or the Services shall not exceed the total amount of tuition and fees paid by the Guardian to AFOUTAYI during the twelve (12) month period immediately preceding the date the claim arose.

8. Indemnification and Governing Law

The Participant and Guardian agree to indemnify, defend, and hold harmless AFOUTAYI and the Releasees from and against any and all losses, damages, liabilities, claims, demands, and costs (including reasonable attorney’s fees) incurred by the Releasees arising out of or in connection with: (a) the Participant’s breach of any term or condition of this Agreement; (b) any injury, damage, or loss caused by the Participant’s intentional or negligent acts or omissions; or (c) any violation by the Participant of any applicable law or the rights of any third party. This duty to indemnify shall survive the termination or expiration of the Participant’s enrollment and these Terms. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles. All disputes, claims, or controversies arising out of or relating to these Terms, the breach thereof, or the Services provided by AFOUTAYI shall be subject to the exclusive jurisdiction and venue of the federal and state courts located in Hennepin County, Minnesota, and the Participant and Guardian hereby irrevocably consent to the jurisdiction of such courts. In the event of any legal action, the prevailing party shall be entitled to recover their reasonable attorney’s fees and costs incurred in connection with such action.

9. Modifications to Terms and Contact Information

AFOUTAYI reserves the unilateral right, at its sole and absolute discretion, to revise, update, or modify these Terms at any time without prior individual notice to Users, acknowledging that such changes may be necessary to reflect evolving legal standards, adapt to new programs, or adjust organizational policies. Any such modifications to the Terms will become effective immediately upon being posted on the official AFOUTAYI website, and it is the responsibility of the Participant and Guardian to review the Terms periodically to stay informed of the current, legally binding provisions. Continued participation in any AFOUTAYI program or event following the posting of any changes constitutes an unconditional and explicit acceptance of the revised Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed from the Terms, and the remaining provisions shall continue in full force and effect. For any questions, clarifications, or requests regarding these Terms, including notices of withdrawal or requests for media consent review, please direct your inquiries to the appropriate contact channel:

AFOUTAYI Haitian Dance Music and Arts Company

Attention: Administrative Office / Legal Compliance

Address: 3149 Nevada Avenue South, St. Louis Park, MN 55426

Email (Official Notices): info@ahdm.site

By engaging with AFOUTAYI, you commit to honoring the artistic and ethical foundations of our lakou and accept the formal contractual obligations outlined in this document.