By enrolling as a student at Dance 3D, you are hereby agreeing to the following terms and conditions:
Dance 3D (or Us) means Dance 3D Pty Ltd.
Fees means the fees for the provisions of Services as set in the Class Fee Schedule, available at [www.dance3d.com.au] which form part of this Agreement.
Force Majeure Event means acts, events, omissions or accidents beyond its 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, teachers, contractor, sub-contractor or consultant of Dance 3D.
Policies and Procedures means the policies and procedures that apply to the Services, available at [www.dance3d.com.au], as updated from time to time, which form part of this Agreement.
Premises means the dance studio situated at 2/127 Sugar Road, Maroochydore, QLD, 4558 (or such other premises of Dance 3D from time to time).
Registration Form means the registration form which a person completes to register their interest in enrolling as a Student at Dance 3D.
Services (or classes) means pre-school, general, adult, performance team, dance performances, concerts and competitions as described on the Website.
Student (or You) means the individual named on the Booking Form and includes the parent/guardian (where applicable).
Website means the Dance 3D website located at www.dance3d.com.au or any other internet site notified by Dance 3D from time to time.
2. Conditions of enrolment
2.1. The Student agrees and acknowledges that by completing and submitting the Registration Form the Student has agreed to abide by these terms and conditions. The terms and conditions also include the Registration Form, the Policies and Procedures and Video and Photograph Consent Form.
2.3. The Student must comply with the Policies and Procedures.
2.4. The Student must be medically fit to attend or participate in the classes. It is the responsibility of the Student to notify Dance 3D if they are ill or injured. Dance 3D may deem (at its discretion) that a Student is not medically fit to attend or participate in the classes. If requested, the Student must provide sufficient medical information to Dance 3D to satisfy Us that the Student is medically fit to participate in the classes. Dance 3D is not able to provide advice concerning medical fitness to attend or participate in the classes and that it the Student’s responsibility to seek medical advice in this regard.
2.5. The Student must complete a Video and Photograph Consent Form upon enrolment.
2.6. Dance 3D, at its absolute discretion, will allocate the Student to the most suitable classes, taking into account their age, past experience, dance ability, potential/talent, maturity, knowledge, behaviour, commitment and goals.
2.7. The minimum enrolment period is one term. For new students joining after the start of a term, Fees will be charged pro-rata. The term dates are available on the Website (and updated from time to time).
2.8. Registration is subject to the availability and applicable pricing at the time of registration. Where a class is full, the Student may be placed onto the waiting list.
2.9. Dance 3D reserves the right to cancel or change classes at any time.
3.1. In consideration of Backstage providing the Services, the Student must pay the Fees as set in the Class Fee Schedule.
3.2. All prices are quoted in Australian dollars and include Goods and Services Tax unless otherwise specified.
3.3. Fees are invoiced by the term. The full term invoice must be paid, regardless of the number of classes the Student wishes to attend (or actually attends).
3.4. Invoices are emailed 2 weeks prior to the due date to the email address provided on the Student’s Registration Form.
3.6. Families may request a payment plan. This must be arranged and expressly approved by Dance 3D prior to the due date. There will be no discounts, refunds or credits applied for missed classes.
3.7. Where the Student withdraws from Dance 3D or classes during a term, the invoiced amount must still be paid for and no refunds will be issued.
3.8. Fees can be paid using cash, eftpos, bank transfer or credit card. No cheques. Additional fees may apply for payments made by credit card.
3.9. If the Student fails to pay the Fees to Dance3D by the due date, without limiting any other remedies available to it at law, Dance3D may, at its sole discretion, either:
(a) charge interest on all outstanding Fees, charged at an interest rate of 1.25% per month
(15% per annum); or
(b) suspend or terminate the Services until all outstanding Fees are paid in full (including interest).
3.10. Notwithstanding any other provision of this Agreement, where the Student is a new Student/s he may attend a free trial class before enrolling at Dance3D, provided the new student completes a Registration Form or provides written information including contact details of parents and medical requirements.
4.1. Unless otherwise stated in this Agreement and to the extent permitted by law, if a Student misses a class (wholly or partly) or withdraws from Dance3D for whatever reason, the Student will not be entitled to a refund of the Fees. This ensures Dance 3D can maintain a stable and consistent learning environment for all Students with minimum class disruptions. Teachers are also hired based on full term periods.
4.2. Notwithstanding any other provision of this Agreement, Dance 3D may, at its absolute discretion, provide the Student who has missed a class or has withdrawn from Dance 3D due to illness or injury, with a booking credit or full refund of the relevant Fee, provided the Student can provide Dance 3D with medical proof (eg medical certificate) of their illness or injury.
4.3. To the extent permitted by law, there will be no refunds in any circumstances for:
(a) Costume hire fees or costume purchase fees.
(b) Concert Tickets
(c) Registration fees
5.2. Where the Student is a Performance Team Students/he is expected to be available for all scheduled performances throughout the year. Absence from a scheduled event may result in immediate withdrawal from the class, group and/or program.
5.3. The Student must be on time for classes and dressed in the correct uniform.
5.4. In the event of illness the Student will notify Dance 3D.
6. Intellectual property
(a) the photographic and digital images and/or audio and visual recordings (and all intellectual property rights contained therein) taken of You by, or on behalf of, Dance 3D at, or in relation to, a Dance 3D class or event, and You are not entitled to any remuneration, royalties or any other payments from Dance 3D in respect of the use by Dance3D of the photographic and digital images and/or audio and visual recordings; and
(b) all costumes, choreography or music (and ancillary work products) discovered, developed otherwise coming into existence as a result of, for the purposes of, or in connection with the performance of the Services or this Agreement will vest in, and are assigned to Dance 3D.
7. Personal conduct
7.1. You must at all times conduct yourself in a civil, safe and proper manner and entirely in accordance with the Policies and Procedures and any other directions of Dance 3D.
7.2. Should the Student violate the Policies and Procedures or engage in any behaviours or practices that are deemed to be inappropriate or unsafe, Dance 3D reserves the right, to immediately, without further notice to You, terminate the Services, and, to the extent permitted by law, no refunds will be given.
8. Loss and damage
8.1. Dance 3D is not responsible to the Student for any lost, stolen or damaged to personal property. Personal property is brought to classes at the Student’s own risk.
8.2. The Student will be liable for loss, injury or damage caused by an act or omission of the Student to anyone else or to Dance 3D’s property including without limitation the Premises, equipment, costumes, uniforms, props or other property (Dance 3D Property). In such an event, without limiting any other remedies available to it at law, Dance 3D reserves the right to charge the Student the full cost of either (at its discretion) repairing or replacing the Dance 3D Property.
9. Release and Indemnity
9.1. Although Dance 3D endeavours to provide a safe, clean and secure environment for the Student, classes entail certain risks (including the danger of personal injury) which cannot be fully eliminated. The Student voluntarily elects to attend the classes and accepts the Services ‘as is’ and assume all risks of loss, damage or injury that may be sustained as a result of attending or participating in the classes or otherwise utilising the Services.
9.2. To the extent permitted by the law, the Student agrees to release, indemnify and hold harmless, Dance 3D and its Personnel against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from:
(a) a breach by the Student of any of their obligations under this Agreement;
(b) any act or omission (whether negligent, dishonest, fraudulent or otherwise) of Dance 3D; Or
(c) the Student’s attendance or participation in the classes and their use of the Services.
9.3. Each indemnity is a continuing obligation and survives termination or expiration of this Agreement. It is not necessary for Dance 3D to incur expenses or make any payment before enforcing a right of indemnity under this Agreement.
10.1. To the extent permitted by law the aggregate of Dance 3D’s liability to the Student, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, is limited to an amount not exceeding the amount paid by Student for the Services that are the subject of the liability.
10.2. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Dance 3D are excluded by this Agreement.
10.3. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Consumer and Competition Act 2010 (Cth) or any other national, State or Territory legislation (the Acts) where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the Student pursuant to any of the Acts, Dance 3D’s sole liability for breach of any such condition, warranty or other obligation is limited to:
(a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
11. Force majeure
11.1. Dance 3D shall have no liability to the Student under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business by a Force Majeure Event.
12.1 Students may request travel with the Dance3D vehicle. The Vehicle will always be driven by an employee of Dance3D and a licensed driver. Students must consider their own personal safety while in the vehicle and wear a seatbelt and behave appropriately during transit. Students decide to travel at their own risk.
13.2. If the whole or any part of any clause of this Agreement is illegal or unenforceable, that part or whole of that clause will be severed and will not affect the continued operation of the remaining provisions.
13.3. This Agreement replaces all prior agreements between Dance 3D and the Student (whether written or verbal) and all prior statements or promises made by Dance 3D or its Personnel. The parties agree that this Agreement embodies their entire understanding and agreement.
13.4. No variation, alteration or addition to this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
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