Terms of Service
Last updated: August 9, 2024
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the ypad.thinkific.com website (the "Service") operated by Youth Protection Association for Dance® (“YPAD”,"us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purpose of Education
Youth Protection Association, LLC (YPAD)’s educational courses are designed to give dance professionals including studio owners, event owners, company directors, faculty, staff member, guest artists or volunteer in the youth dance environment educational resources as to the best practices to protect the mental, emotional, and physical health of students. It is YPAD’s belief that this best accomplished by providing education in the following areas:
Best Educational Practices (which includes the completion of a background check and a third party skills-tested CPR/AED certification)
Injury Prevention and Response
Sexual Abuse Awareness and Prevention
Risk Management in the Dance Environment
Social Media, Media Safety, and Today's Dance Culture
Developmentally Appropriate Artistry: Including Sexualization & Objectification
Body Image, Nutrition, Disordered Eating
Bullying and Conflict Resolution
It is understood by all parties that as part of the current education process each person taking this education has:
A clear background check
Will become, or is already, a mandated reporter of any suspected child abuse
Follows the recommended YPAD Dance Professional Code of Conduct and adopts the same for faculty, staff, guest artists, and volunteers if in a leadership or ownership position
Agrees to the YPAD’s 5-Tier Relational Accountability Process in the event of a concern. See below for more information about YPAD's 5-Tier YPAD Relational Accountability Process.
Youth Protection Advocates in Dance® Professionals Code of Conduct
Expectations:
Maintain current background checks for self, as well as all faculty and staff, including guest artists and volunteers if in a leadership or ownership position. Background Checks must be renewed every two years.
Integrate the education and best practices provided in the YPAD education on an ongoing basis and commit to continuing education and progress in these areas.
Report any suspicions of child abuse to the appropriate authorities for your area.
Commit to upholding the YPAD’s Dance Professionals Code of Conduct.
Commit to healthy communication and workplace conflict resolution including YPAD’s 5-Tier Relational Accountability in the event a concern should be reported to YPAD about you or a faculty, staff, guest artists or volunteer with your program.
Professional Behavior and Conduct for dance professionals including studio owners, event owners, company directors, faculty, staff member, guest artists or volunteer :
Maintain positive and the professional conduct of a role model for youth at all times. This includes behavior and choices online, at the studio and studio events, at industry events, both during professional and personal times while in public.
Establish and maintain professional boundaries. No staff member should have contact with minor dancers alone including texts and private messaging on social media platforms (unless the parent or guardian is on the thread).
Be aware. Avoid interactions that could create a perceived power differential or conflict of interest with minor dancers or dancers that are 18 or older and whom are still involved with the studio.
Maintain healthy personal boundaries with students (past and present), parents, guardians, assistants, and colleagues. Be aware of power differentials that may exist.
Maintain appropriate interactions with demonstrators and assistants.
No drugs or alcohol during work hours. This includes before work, during work, with students present, teaching, at performances, etc.
Avoid repeatedly asking students/assistants to participate in unpaid work.
Language:
Use encouraging and positive language when giving feedback and interacting with others. Do not use words that embarrass, degrade, make fun of, or demean others. This includes interactions with your colleagues and peers.
Refrain from shaming (or overly praising) people’s bodies and/or food choices and generalizing food choices as good or bad.
Avoid the use of profanity in teaching and conversing with students and colleagues in public. Maintain appropriate language with demonstrators.
Use proper terms of endearment when referencing assistants and dancers; avoid calling them your “daughter” or “son”.
Do not use language that sexualizes or objectifies others (including yourself).
Assistants:
Treat assistants with respect remembering that you are the mentor.
Please avoid:
Asking assistants to retrieve personal items (some instances do not apply)
Run errands
Borrow money
Not giving adequate breaks or adequate notice of rehearsal needs
Intimidating assistants overtly or covertly and avoid the oversharing of personal information
Relying on them for emotional support
And any other interaction that breaks a healthy boundary between the mentor/mentee relationship
Social Media:
If posting videos of youth dancers online, ensure no personal identifying information (home city, home studio, school, etc.) of the dancer is included. Tagging is okay.
Strive to maintain a positive social media presence. If educators allow minors to follow them on their social media platforms they should strive to never post, share or disseminate any social media content (whether their own or by others) that includes:
Hypersexualized dancing
Objectifying content
Inappropriate or sexually suggestive activity
Hate, discrimination, or prejudice
Depictions or references to drug/alcohol use or violence gang-related activity
Profanity, bullying, body shaming, or making fun of other dancers/people's memes.
Modeling unhealthy or dangerous weight loss suggestions
Concepts:
Make mindful decisions regarding concepts youth dancers are asked to learn and perform.
Use discretion regarding controversial themes such as:
Religion
Social Justice
Discrimination
Love and Romance
Abuse
Mental Health
Bullying and Terrorism, etc.
Please consider these topics may be best represented by dancers 13+.
Music & Movement:
Song choices should be respectful of psychological development and free of profanity, references to drug and alcohol use, racism, homophobic, misogynistic/misandrist, or other language that could be considered discriminatory.
Song choices should also be free from violent, criminal behavior, gang activity, physical and/or mental abuse, and hyper-sexualized messages.
Movement choices including gestures, freestyle, floorwork, and props will be respectful of each dancer's body and psychological development and should be free of adult concepts and hyper-sexualized content.
Be mindful of helping to create a family-friendly environment for dancers and audience members alike.
Costuming:
Dance professionals will choose performance attire and hairstyles with the privacy, protection, and inclusion of the dancers in mind.
Dance professionals will choose costumes with a realistic representation of their dancers' age group.
Dance professionals will be mindful not to dress dancers in costumes that make them appear to be older or more mature.
Dance professionals will make mindful choices when determining footwear to ensure the safety of the dancers and prevent injury. Character shoes are recommended for dancers ages 13 and older while heels are recommended for ages 18 and older.
Studio Attire:
Dance professionals will be mindful of their words, comments, and requirements regarding dress code to ensure the confidence and comfort of their dancers.
Dance professionals will select dancewear that fits properly to ensure all private and personal areas are covered.
Dance professionals will select dancewear and provide dress code options to fit a variety of body shapes and classroom comfort levels.
Risk Management:
Create and familiarize yourself with an Emergency Management Plan and emergency exit routes for your studio, classroom, and events.
All dance professionals including studio owners, event owners, company directors, faculty, staff member, guest artists or volunteer including are considered mandated reporters regarding suspected child abuse.
Share concerns with management regarding an acute and chronic injury or illness, suspected bullying, disordered eating (or any major mental health issue), and/or inappropriate sexual behaviors (contact or no contact) of a youth dancer.
YPAD’s 5 Tier Approach To Accountability
YPAD has established certain policies and procedures related to our Dance Professionals Code of Conduct, which includes procedures for reporting and addressing concerns. YPAD’s website currently includes a link to voice anonymous concerns about YPAD Certified dance professionals, educators, studios, and events. Under the current practice, concerns are reviewed by an internal review committee. If deemed appropriate, the review committee will request a dialogue call with the person/studio/business that is the subject of the concern. Information from the dialogue call will be evaluated by a larger review committee and a decision will be made on the next steps according to YPAD’s 5-tier accountability process.
Internal reviews are confidential, and as such, YPAD does not provide the complainant with any information regarding actions YPAD may or may not take in regards to the person or business named in the concern.
Tier 1 - Iterative improvement - For example, a photo is shared or a song is played raises concern. YPAD will provide feedback for improvement.
Tier 2 - Focused Fix - If there are repetitive concerns of the same nature YPAD will require demonstration and documentation of a procedural, system, and/or personnel-level addressing of the issue.
Tier 3 - Review of Education - Repetitive or mid-stakes issues may require the support of YPAD experts, an improvement plan, and/or going back through relevant portions of YPAD education.
Tier 4 - Suspension & Probation - High-stakes issues such as abuse allegations require immediate suspension of the person in question, potential suspension of YPAD Certification pending internal review followed by a potential probationary reinstatement period.
Tier 5 - Termination of Certification - Depending on the nature of the high stakes issue, repeated issues or unwillingness to improve, fix, re-educate, or build better systems or an unsatisfactory result of an internal investigation, YPAD reserves the right to terminate YPAD Certification status.
All communications related to YPAD’s 5-tier relational accountability process are strictly confidential. Disclosing, copying, distributing, or posting any (or about any) private communications with YPAD is strictly prohibited.
Conflict Resolution
If YPAD learns of an active allegation against you, your business, or a member of your team BEFORE the education is delivered but AFTER the education was purchased YPAD reserves the right to cancel the sale and will refund any deposits.
If any allegations/charges/accusations of any kind are made against you, your business, or a member of your team following this engagement, YPAD, in their sole discretion can terminate the right to utilize or reference any association with YPAD’s name, logo, etc.
YPAD reserves the right to request a discussions to find a resolution to any situation that may occur which YPAD deems may mislead the public regarding their association with YPAD.
YPAD reserves the right to ask for the removal of any and all references to YPAD at any time for any reason if we deem the integrity of YPAD and/or the safety of children are compromised.
Trauma Informed and Consent Driven Education
YPAD follows a trauma informed and consent driven model. As such, YPAD offers access to YPAD’s Support Service during and after YPAD Live seminars and online at various times. YPAD also requests anyone requiring their faculty, staff member, guest artists or volunteers to participate in the education to communicate informed consent to participants on the topics that will be covered so they understand the potential for activation.
Anecdotal and personal experiences shared by the YPAD Live presenters and participants will be kept confidential and not redistributed to others verbally/text or in a recording. All Q&A is edited out of the recording. During this training, fictitious names and references may be used by presenters to protect the identity of parties involved.
Course Access
Once purchased, the course can be reviewed at any time during your membership. After two years, to maintain your certification, you will need to retake the required courses.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account with YPAD.
By accepting the terms and conditions of this YPAD education, you acknowledge and agree that you may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Intellectual Property
By accepting the terms and conditions of this education, you acknowledge and agree that the all YPAD’s original content, education, features and functionality are and will remain the exclusive property of YPAD and its licensors. All content and education is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade name may not be used in connection with any product or service without the prior written consent of YPAD.
By accepting the terms and conditions of this education, you acknowledge and agree the tools, processes, strategies, materials, and information provided will be confidential, copyrighted, and proprietary to YPAD. You agree not to record, duplicate, distribute, teach or train from any of the YPAD materials in any manner whatsoever without the express advance written permission of YPAD. Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property is prohibited. YPAD, its heirs, successors, and assigns will pursue legal action and full damages if these terms are violated in order to protect its rights.
Links To Other Websites
Our content and education may contain links to third party web sites or services that are not owned or controlled by YPAD.
YPAD has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
By accepting the terms and conditions of this Agreement, you acknowledge and agree that YPAD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
YPAD strongly advises that users to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Termination
By accepting the terms and conditions of this Agreement, you acknowledge and agree that YPAD may terminate or suspend user accounts or certification, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and the YPAD uses of Conduct or 5-tier program.
YPAD reserves the right at any point, to suspend any certification or education program for a fixed period of time or indefinitely, without advance notice or consent. Any unearned fees for any suspended programs will be refunded.
If users wish to terminate their account, they may do so by discontinuing using the materials and notifying the YPAD office: [email protected].
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
By accepting the terms and conditions of this YPAD education, you agree to defend, indemnify and hold harmless Youth Protection Association for Dance® and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
By accepting the terms and conditions of this YPAD education, you acknowledge and agree that in no event shall YPAD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
By accepting the terms and conditions of this YPAD education, you acknowledge and agree that your use of the YPAD education, is at your sole risk. The YPAD education is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
YPAD its subsidiaries, affiliates, and its licensors do not warrant that a) the YPAD education will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) that on-line is free of viruses or other harmful components, or d) the results of using the YPAD education will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions and any actions related to this agreement will be venued in the Tarrant, County, TX.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to use YPAD logo, likeness or name, or resources, you agree to the modifications and changes to these terms and conditions we have made. By accepting the terms and conditions of this Service, you acknowledge and agree that by continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Cancellations and Refunds
By accepting the terms and conditions of this YPAD education you acknowledge and agree that once the education is purchased, YPAD will not offer any full or partial refunds. In the event of access to the education being revoked by YPAD, no refund whether partial or full will be offered.
Confidentiality
All communications between YPAD and its clients, to the extent allowed by law, are considered confidential and intended solely for the use of the individual or entity to whom they are addressed. If YPAD receives a concern about you as an educator or about your business, the information will be shared with our internal review committee. All communications related to YPAD’s 5-tier relational accountability process are strictly confidential. Disclosing, copying, distributing, or posting any (or about any) private communications with YPAD is strictly prohibited.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Any emails, communication and files transmitted by YPAD are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received a confidential email in error, please notify the system manager. Confidential messages contain information intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute or copy said email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
Youth Protection Association for Dance® is a wholly owned subsidiary of YPAD, LLC, a Texas Limited Liability Company.