TERMS AND CONDITIONS
Thank you for choosing DANCEFUSION. We provide high-quality training in dance and performance that encourages every dancer to be the best they can be. This Proposal sets out the terms of our offer to provide Dance Training to you (or Your Child).
SPECIFICS:
WE, US, OR OUR:
Jessica Jane Anderson t/a Dancefusion Performing Arts Academy Pty Ltd as Trustee for Jessica’s Family Trust
ABN 28 718 378 923 of 1/48 & 2/48 Shearson Crescent, Mentone, VIC 3194
Phone: 0409 938 636
Email: dancefusion.mentone@gmail.com
YOU OR YOUR:
Means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity.
DANCE TRAINING:
Membership to our dance studio, which provides access to our premises and dance lessons, as per any registration made by you or us on our website.
INITIAL ENROLMENT TERM:
12 months
FEES:
For the Dance Training set out in this Proposal:
- The tuition fee (including GST) is calculated per student for all Dance Training registrations made for each School Term, in accordance with the prices set out on our website and yearly information pack.
- An annual fee of $45.00 (including GST) per student ($75.00 per family). This fee is non-refundable and non-transferable.
- The Fees may be adjusted in accordance with this Document.
PAYMENT TERMS:
All Fees are payable in accordance with any due date and payment method stipulated in our invoice, and:
- For enrolments made prior to or during any School Term, the Tuition Fee (or the pro-rata amount thereof) must be paid in full prior to the provision of any Dance Training by us.
- The Annual Fee (or the pro-rata amount thereof) must be paid in full for each year of the Enrolment Term, the first of which is to be paid prior to the Initial Enrolment Term.
You acknowledge and agree that this Proposal has been provided subject to (and incorporates) the terms, conditions, and documents attached to, or referred to in, this Proposal (which, together, form this Document).
We will have no obligation or liability in connection with the Dance Training until you accept this Proposal. You will be deemed to have accepted this Document if you:
- Tick/agree electronically in the place(s) required via our online platform - DanceStudio Pro.
- Pay any part of the Fees.
1. DEFINITIONS:
In this Document, unless the context otherwise requires, capitalised terms have the meaning given to them in the Proposal, and:
- Enrolment Term means the Initial Enrolment Term, as extended in accordance with clause 2(b), unless this Document is terminated earlier in accordance with its terms.
- Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity, or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
- Party means a party to this Document and the Parties means all of them.
- Your Child means any individual under 18 years of age, as named in the Proposal, who will receive Dance Training from us, in accordance with this Document.
- Term - Dancefusion school term dates are in conjunction with Victorian school term dates.
2. COMMENCEMENT:
(a) This Document takes effect on and from the date on which this Document is accepted in accordance with its terms (Effective Date) and is valid for the Enrolment Term.
(b) On expiry of the Initial Enrolment Term (or any subsequent 12-month period pursuant to this clause), this Document will be automatically extended by an additional 12-month period, unless you provide us with written notice, prior to the expiry of the Initial Enrolment Term (or any subsequent 12-month period pursuant to this clause), to terminate this Document at the expiry of the then-current Enrolment Term.
(c) If you are a parent or legal guardian permitting Your Child to receive Dance Training from us, you agree to:
1. To the maximum extent permitted by law, assume all risks and responsibilities associated with, and liabilities arising from, Your Child’s participation in Dance Training;
2. Ensure that all information submitted to us about Your Child is accurate, complete, and current; and
3. Provide the consents, representations, and warranties contained in this Document on Your Child’s behalf.
3. OUR OBLIGATIONS:
(a) In consideration of you paying us the Fees, we will provide Dance Training in accordance with this Document, whether ourselves or through our employees, consultants, suppliers, subcontractors, or agents (Personnel).
(b) Our pricing structure, payment methods, and this Document may be amended from time to time, at our discretion, and such changes will take effect after we notify you of the changes. After a pricing change, you have the choice to continue, or cease, our provision of Dance Training to you or Your Child.
4. YOUR OBLIGATIONS:
(a) Any student requesting to enrol at Dancefusion Performing Arts Academy must first complete online registration. Participation in a class is not available until a registration has been completed.
(b) You agree to pay us the Fees, and any other amounts payable to us under this Document, in accordance with the Payment Terms.
(c) Class fees are charged by the term. The full term must be paid, regardless of the number of classes the student actually attends. There will be no refunds, credits, or transfers if the full term isn't completed.
(d) Term fees are automatically debited from the allocated credit card/bank account on your parent portal account through Auto Pay in advance of the upcoming term. An invoice breakdown will be emailed 3 weeks before the due date (3rd last week of term). Fees will be deducted/due on the informed due date (last day of term). Please note, you have a 3-week period to inform us of class changes etc before the total outstanding amount will be debited after which no refunds or credits will be issued.
(e) You agree Dancefusion (through DSP Auto Pay) has the right to debit your nominated account in advance of the following term for the service you have agreed to for the enrolment term. A three-week window is provided to notify us of any class changes. If no changes are communicated within this period, the full fee will be automatically debited.
(f) We do not provide refunds and/or credits under any circumstance. This includes classes, workshops, events, and other.
(g) Make-up classes are ONLY offered in Terms 1 & 2 subject to availability. No make-up classes will be offered in Terms 3 & 4 due to concert material. Make-up classes are only available if taken within the same term as the missed class and are a maximum of ONE make-up class per student, per term.
(h) If any payment has not been made in accordance with the Payment Terms, we have the right to immediately cease providing Dance Training (including, but not limited to, preventing you or your child’s entry into any lesson), charge a $20.00 late fee and/or contact debt collectors if necessary and the costs will be added to your outstanding balance.
(i) Unless informed otherwise, we assume all students will participate in our end-of-year concert (scheduled on the first weekend of December). You must inform us by the last day of Term 2 if you do not wish for your child to participate. If not informed by this date, you will be charged costume hire fees in line with our costume hire policy.
(j) A costume hire fee of $36.00 per costume/routine will be included in your Term 3 invoice for the end-of-year concert. These fees are non-refundable. Costumes will be measured, fitted, and ordered by Dancefusion. Your child will have 1-2 costumes per enrolled class, excluding tumbling/acrobatics, at Dancefusion's discretion. Costume hire fees are non-refundable under any circumstance.
(k) You agree to and you will ensure that Your Child agrees to (as applicable):
1. Comply with this Document and all of our reasonable requests or requirements;
2. Obtain, and provide to us, all things reasonably necessary to enable us to provide adequate Dance Training;
3. Purchase any relevant uniform, at your cost, and ensure that you or Your Child wear the relevant uniform during participation in any dance lesson (and not wear any school uniform);
4. Purchase or hire any relevant costume, at your cost, and ensure that you or Your Child follow any of our reasonable directions as to the cleanliness and maintenance of the costume;
5. (for any costumes hired from us) return the costume to us on the designated day assigned, if in our reasonable opinion, the costume is damaged and in need of repair, a fee of $30 will be charged.
6. Treat all other students and teachers in good faith and with respect;
7. Refrain from undertaking disruptive or offensive behaviour, including, but not limited to, bullying, violent, abusive, disrespectful, or disobedient behaviour;
8. Give their best efforts when representing us in a competition or showcase, including, but not limited to, attending all relevant rehearsals or private lessons, as reasonably directed by us; and
9. Not represent any other private dance school in a competition and/or showcase.
(l) You acknowledge and agree you will ensure that Your Child acknowledges and agrees that (as applicable):
1. Your or Your Child’s participation in a competition, examination, and/or showcase will be at our absolute discretion;
2. It is your responsibility to provide us with all information and/or instructions regarding your or Your Child’s medical issues (mental or physical), medication, or physical injuries or discomfort, prior
to the Effective Date or during the Enrolment Term;
3. Dance is a physical activity that involves a risk of personal injury. Dancefusion takes no responsibility for the injury or death of students attending class. It is your responsibility to ensure your child is medically fit to attend dance classes.
4. We are not responsible for providing makeup classes or refunds for lessons missed as a result of personal injuries (or any other reasons);
5. Any student, parent, or guardian is required to make us aware of any medical condition, mental or physical, which could impact a student’s health or ability to participate in Dance Training. If unsure, a medical certificate may be requested.
6. We are not responsible for any loss or damage to your or Your Child’s personal property;
7. You or Your Child must comply with any of our additional terms, policies, or procedures that we may provide to you; and
8. You agree to provide your current email address to Dancefusion and permit email to be the main source of communication.
(m) You represent and warrant that:
1. There are no legal restrictions preventing you from agreeing to this Document;
2. All information and documentation that you provide to us in connection with this Document is true, correct, and complete; and
3. You have not relied on any representations or warranties made by us in relation to Dance Training (including as to whether Dance Training is or will be fit or suitable for your particular purposes), unless expressly stipulated in this Document.
5. **MEDIA RELEASE:**
1. By accepting the offer to enrol at Dancefusion Performing Arts Academy you agree to allow Dancefusion Performing Arts Academy and its employees/contractors to photograph and video record your child. Any images or video footage taken will be the property of Dancefusion Performing Arts Academy and can be used for advertising and marketing purposes (for example social media posts, advertising, website content, and marketing content). If you would like to exclude your child from any media taken and used please email dancefusion.mentone@gmail.com.
2. Dancefusion Performing Arts Academy agrees to not include the personal information of any student in any advertising or marketing.
6. EXCLUSIVITY:
You agree that during the Initial Enrolment Term (and any extensions thereof in accordance with this Document), and for a period of 12 months thereafter, you will not, directly or indirectly, approach, solicit, or offer employment to any of our Personnel.
7. LIABILITY:
Despite anything to the contrary, to the maximum extent permitted by law:
(a) You acknowledge and agree that use of our services is at your sole risk. Our services are provided to you "as is" and "as available" without warranty of any kind. To the fullest extent permitted by law, we expressly disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) You agree that in no event shall we be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, arising out of or connected with the use of our services.
(c) You acknowledge and agree that we shall not be liable for any conduct or content of any third party on our services.
(d) Dancefusion Performing Arts Academy cannot accept any responsibility for loss, damage, or expense incurred as a result of enrolling in any classes and/or missing classes.
(e) You agree to indemnify and hold Dancefusion Performing Arts Academy, its officers, directors, employees, agents, and affiliates, harmless from any claims, actions, demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, arising out of or related to your or Your Child's use of our services, your or Your Child's participation in Dance Training, or your or Your Child's violation of any terms or conditions of this Document.
8. TERMINATION:
(a) Either Party may terminate this Document by providing written notice to the other Party, if the other Party:
1. has breached a material term of this Document and has failed to remedy such breach within 10 Business Days of being notified of the breach in writing; or
2. ceases operation without a successor.
(b) We may terminate this Document at any time by providing written notice to you, if you fail to pay any amount due and payable under this Document within 10 Business Days of being notified to pay such amount.
(c) On termination of this Document:
1. we will cease providing Dance Training to you or Your Child;
2. you agree that any payments made are non-refundable and any outstanding payments for the Initial Enrolment Term will be immediately due and payable.
(d) Termination of this Document will not affect any rights or liabilities that a Party has accrued under it.
9. GENERAL:
(a) Disputes: Neither Party may commence court proceedings relating to any dispute arising from, or in connection with, this Document (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute.
(b) Force Majeure: Neither Party will be liable for any delay or failure to perform its obligations under this Document if such delay or failure is due to a Force Majeure Event. Each Party will use its best efforts to minimise the effects of any Force Majeure Event.
(c) Governing Law: This Document is governed by the laws of Victoria, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria, Australia.
(d) Notices: Any notice given under this Document must be in writing and addressed to the relevant Party at its address set out in this Document (or as updated by written notice by either Party from time to time). Any notice may be sent by standard post or email, and will be deemed to have been received on the day after sending.
(e) Severance: If a provision of this Document is held to be invalid or unenforceable, it will be severed from this Document, and the remaining provisions will continue to be valid and enforceable.
(f) Entire Agreement: This Document contains the entire understanding and agreement between the Parties in respect of its subject matter. Any previous negotiations, understandings, agreements, representations, or warranties in relation to the subject matter of this Document are superseded by this Document.
If you have any questions about these terms, please contact us.
