Evolve Performing Arts Terms and Conditions
By enrolling a Student at Evolve Performing Arts, the Parent/Guardian (You) agrees to the following Terms and Conditions on behalf of the Student. Where the Student is a minor, the Parent/Guardian acknowledges full responsibility for compliance with these Terms and Conditions.
1. Definitions
Evolve Performing Arts or Evolve (or Us) means Backstage Dance Academy Pty Ltd (ACN 606 977 673).
Fees means any fees charged for the provision of Services, including but not limited to those set out in the most recent Welcome Pack, Information Pack, or otherwise communicated by Evolve, which form part of this Agreement.
Force Majeure Event means acts, events, omissions or accidents beyond Evolve's reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, or default by or act or omission of a third party, suppliers or sub-contractors.
Personnel includes any officer, employee, agent, teacher, contractor, sub-contractor, consultant or volunteer of Backstage.
Policies and Procedures means the internal policies and procedures that apply to the Services, as maintained and updated by Evolve from time to time, which form part of this Agreement.
Privacy Policy means the Evolve Privacy Policy, available at [http://www.evolvemelbourne.com], as updated from time to time, which forms part of this Agreement.
Premises means the dance studio situated at 10/25-35 Cranbourne Road, Narre Warren, Victoria, 3805 (or such other premises of Evolve from time to time).
Registration Form means the online registration form completed to enrol a Student at Evolve.
Services means any programs, classes, workshops, rehearsals, performances, events, administrative functions, digital content, or other related activities delivered, provided, or coordinated by Evolve.
Student means the individual named on the Registration Form.
Website means the Evolve website located at www.evolvemelbourne.com or any other internet site notified by Evolve from time to time.
2. Refunds and Returns
2.1 Payment Terms
2.1. Fees must be paid via direct debit through the Parent Portal online. A valid credit or debit card must be added at the time of enrolment. Fees are payable upfront by the term unless a weekly payment plan has been requested and approved in writing via email with Evolve. Fees apply for failed transactions and must be settled in accordance with the payment terms set by Evolve.
2.2. No refunds will be issued for: (a) Costume hire or purchase fees
(b) Showcase tickets
(c) Registration fees
(d) Showcase fees
(e) Event tickets
(f) Retail products, unless required under Australian Consumer Law
2.3. Refunds or exchanges for retail products (e.g. uniforms, dancewear, accessories, merchandise) will only be offered in accordance with Australian Consumer Law. Products must be returned unused, in original packaging, and with proof of purchase. Evolve does not offer refunds for change of mind, incorrect size selection, or if the item is no longer required.
3. Attendance and Participation
3.1 Enrolment Periods and Rollover
3.1. Enrolment during a calendar year is term-by-term and will automatically roll over from one term to the next unless Evolve receives an email notice of withdrawal before the start of the new term. Enrolment does not automatically roll over between calendar years. Parents/Guardians are required to complete a new enrolment at the beginning of each new calendar year. While Parents/Guardians may initially select classes for their child based on age and preferred style, Evolve retains final discretion in determining whether a class is suitable for a Student based on factors including readiness, skill level, behaviour, and class composition.
3.2 Attendance Requirements
3.2. Students are expected to attend all scheduled classes and rehearsals. Absences must be communicated to Evolve via the Parent Portal. There are no regular classes on public holidays or during Victorian government school holiday periods, unless otherwise advised.
3.3 Withdrawal and Refunds
3.3. Advance notice is required for withdrawal. Refunds or credits are not available for withdrawing during a term.
3.4 Evolution Program Commitments
3.4. Entry into Evolution programs is by audition only. Evolution level Students must attend all scheduled performances. Absence may result in immediate removal from the group/class/program.
3.5 Uniform Policy
3.5. Students must arrive on time and wear the correct uniform for all classes, events, performances, and other scheduled activities. Evolve reserves the right to prevent a Student from participating where they are not dressed in accordance with the uniform requirements.
3.6 Illness and Absences
3.6. Illness must be reported to Evolve. If the Student is absent due to illness, notification must be provided via the Parent Portal. If the illness is contagious or noteworthy and may impact other classmates, a direct email must be sent to Evolve as soon as practicable.
3.7 Class Cancellations
3.7. If a class is cancelled by Evolve (excluding a Force Majeure Event), a refund or credit will be offered.
4. Studio Access and Supervision
4.1 Extended Absences
4.1. Students absent for more than 3 consecutive classes without notice may have their enrolment terminated at Evolve’s discretion.
4.2 Classroom Access
4.2. Parents, siblings, and any other associated persons are not permitted to enter the classroom at any time, with the exception of toddler classes where a parent or guardian is required to participate.
4.3 Student Supervision Outside Class Times
4.3. Students are the responsibility of their Parent/Guardian before and after their scheduled class times. Parents/Guardians must contact Evolve by phone or SMS if they will be late to collect their child. Any Student who remains on the Premises after the studio has closed for the day will be charged at the private tuition rate for the time they are supervised.
5. Intellectual Property
5.1. Evolve retains ownership of: (a) All photos, digital images, audio and visual recordings taken by or on behalf of Evolve in relation to classes or events. (b) All choreography, costumes, music, and related creative works developed for or in connection with the Services.
6. Personal Conduct
6.1. Students, parents, guardians, and any other individuals associated with the Student must behave respectfully and safely, in accordance with Evolve’s Policies and Procedures.
6.2. Evolve reserves the right to terminate Services without notice for inappropriate or unsafe conduct. No refund will be issued.
6.3. Evolve is committed to child safety and upholding the Victorian Child Safe Standards. All Personnel, including teachers, staff, and volunteers, must comply with Evolve's Child Safe Code of Conduct. Parents/Guardians and associated persons are also expected to support a safe environment for all children and young people in our care.
7. Loss and Damage
7.1. Evolve is not responsible for lost, stolen or damaged personal property.
7.2. The Student, or the Parent/Guardian where the Student is a minor, is liable for damage to Evolve’s property caused by their actions or omissions and may be charged the cost of repair or replacement.
8. Release and Indemnity
8.1. Students attend classes at their own risk. Physical activity involves inherent risks, including personal injury.
8.2. To the extent permitted by law, the Parent/Guardian (on behalf of the Student) agrees to release and indemnify Evolve and its Personnel from any claims, loss, or liability arising from: (a) A breach of this Agreement by the Student; (b) The Student’s attendance or participation in classes or use of the Services, except to the extent caused by Evolve’s gross negligence or wilful misconduct.
8.3. This indemnity survives termination or expiry of this Agreement and may be enforced without prior cost incurred by Evolve.
9. Liability
9.1. Evolve’s liability is limited to the amount paid by the Student for the Services that are the subject of the claim.
9.2. All implied warranties or conditions are excluded to the extent permitted by law.
9.3. Nothing in this Agreement excludes any rights under the Australian Consumer Law. If such rights apply, Evolve’s liability is limited to: (a) Resupplying Services or paying the cost of resupply; or (b) Replacing goods or paying the cost of replacement.
10.Force Majeure
10.1. Evolve is not liable for any delay or failure to perform obligations due to a Force Majeure Event.
11. Trial Classes
11.1. Students are permitted to attend one trial class per style only.
11.2. For preschool-aged Students, a three-week trial period may be permitted at the discretion of Evolve.
12. Communication
12.1. By enrolling, You consent to receive communications from Evolve via email, SMS, or the Evolve Parent Portal for class updates, schedules, events, and other studio-related matters.
12.2. Social Media and Device Use: Evolve does not permit students, parents, or guardians to engage with Evolve staff or personnel via social media, including but not limited to sending friend or follow requests, private messages, or tagging staff in personal content. Devices (including phones and tablets) must not be used during classes, events, or performances unless specifically approved by an Evolve staff member for a designated purpose.
13. Dispute Resolution and Complaints
13.1. Evolve is committed to maintaining a positive and respectful environment. If You have a concern or complaint regarding the Services, You should raise it promptly and respectfully with Evolve via email or in person with studio management.
13.2. Evolve will make reasonable efforts to address and resolve complaints in a timely, confidential, and respectful manner. Complex issues may require further investigation and follow-up.
13.3. If a complaint cannot be resolved informally, Evolve may request the concern be submitted in writing for formal review. Formal complaints must be submitted via email to ensure proper documentation and follow-up.
14.General
14.1. Right to Refuse Services: Evolve reserves the right to refuse or discontinue Services to any person at its sole discretion, including but not limited to situations involving breaches of this Agreement, inappropriate conduct, failure to follow policies and procedures, or any other reason deemed necessary to protect the safety, wellbeing, or integrity of the Evolve community.
14.2. In case of inconsistency, these Terms and Conditions prevail over other documents forming the Agreement.
14.3. This Agreement is governed by the laws of Victoria. The parties submit to the jurisdiction of the courts of Victoria.
14.4. If any part of this Agreement is deemed unenforceable, it will be severed without affecting the remainder.
14.5. This Agreement replaces all previous verbal or written agreements between the parties.
14.6. Any changes must be in writing and signed by both parties.
14.7. Clauses 2, 3, 4.3, 5, 6.2, 7, 8, 9, 10, 11, 13 survive the termination of this Agreement.
By clicking "Yes" on the Registration Form, You confirm that You have read, understood, and agree to be bound by these Terms and Conditions.