KR Dance Studio (or Us) mean Kerrie Renee Dance Studio (ABN 80 168 185 765).
Fees means the fees for the provisions of Services as set out in the Class Fees 2018, available at [http://www.krdancestudio.com] 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 employee, teachers, contractor, sub-contractor or consultant of KR Dance.
Term is defined as a period of 10 weeks.
Policies and Procedures means the policies and procedures that apply to the Services, available at [http://www.krdancestudio.com], as updated from time to time, which form part of this Agreement.
Premises means the dance studios situated at Lot 9, Canget Street, Wingham & 66 High Street, Taree.
Registration Form means the registration form which a person completes to register their interest in enrolling as a Student at KR Dance.
Services (or classes) means pre-school, general, adult, troupe and/or industry dance classes, dance performances and competitions, singing, acting and tumbling classes as fuller described on the Website.
You means the individual/s named on the Enrolment Form as the ‘Guardian’ and ‘Person Responsible for Paying Fees’.
Website means the KR Dance website located at http://www.krdancestudio.com.au
- Conditions of enrolment
2.1. You agree and acknowledge that by completing and submitting the Registration Form, You agree to abide by these terms and conditions.
2.2. You must complete the Registration Form and agree to pay the Fees as set out in the Class Fee Schedule.
2.3. You 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 guardian to notify KR Dance if they are ill or injured. KR Dance may deem (at its sole 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 KR Dance to satisfy Us that the Student is medically fit to participate in the classes. KR Dance is not able to provide advice concerning medical fitness to attend or participate in the classes and that it is the Student’s responsibility to seek medical advice in this regard.
2.5. KR Dance, at its absolute discretion, will allocate the Student to the most suitable classes, considering their age, experience, dance ability, potential/talent, maturity, knowledge, behaviour, commitment and goals.
2.6. The minimum enrolment period is one term. For new students joining after the start of a term, Fees will be charged pro-rata.
2.7. KR Dance reserves the right to cancel or change classes at any time.
3.1. In consideration of KR Dance providing the Services, You must pay the Fees as set in the Pricing Schedule.
3.2. All prices are quoted in Australian dollars and include Goods and Services Tax unless otherwise specified.
3.3. Fees are invoiced on a termly basis. The full-term invoice must be paid, regardless of the number of classes the Student wishes to attend (or attends) due to sickness, social engagements etc…
3.4. Invoices are emailed within two weeks after the start of a term to the address provided on the Student’s Enrolment Form.
3.5. Fees are due by the end of each term. Under no circumstances are fees allowed to be rolled over into the next term. If fees are not paid by the end of the term all classes for your child will be suspended and your account will have to be settled before commencing the next term.
3.6. You may request a payment plan (which may or may not be accepted by KR Dance). This must be arranged and expressly approved by KR Dance prior to the due date. There will be no discounts, refunds or credits applied for missed classes.
3.7. All missed private lessons without at least one day’s notice must be paid for.
3.8. Fees can be paid using cash, bank transfer, cheques or credit card. Credit card payments will incur a $0.20c transaction fee and a 1.90% merchant fee.
3.9. Please do not interrupt classes with fee enquiries. Please make fee enquiries by emailing firstname.lastname@example.org
3.10. If You fail to pay the Fees to KR Dance by the end of the term, without limiting any other remedies available to it at law, KR Dance may, at its sole discretion, either:
- charge interest on all outstanding Fees, charged at an interest rate of 1.25% per month (15% per annum); or
- suspend or terminate the Services until all outstanding Fees are paid in full (including interest).
- enforce advanced term payments which will require term fees being paid upfront, and in full before any classes can commence.
- pass on unpaid accounts to a debt collection agent who will recover the fees on our behalf. If KR Dance must take this step, an additional 50% of the outstanding balance of your account will be added onto the debt for recovery costs.
3.11. Notwithstanding any other provision of this Agreement, where the Student is a new Student, they may attend a free trial class before enrolling at KR Dance, provided the new students’ guardian completes a Registration Form.
3.12. KR Dance run their classes in line with the NSW school term dates. There are 4 terms to the dance year. Whether there are 9, 10 or 11 weeks in a term, KR Dance still invoice each terms classes as if it were a 10 week term. Exception to this rule will apply to private lessons only. Private lessons will be charged the exact amount of classes in a term to reflect a 9, 10 or 11 week term.
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 KR Dance for whatever reason, You will not be entitled to a refund of the Fees. This ensures KR Dance can maintain a stable 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, KR Dance may, at its absolute discretion, provide the Student who has withdrawn from KR Dance due to illness or injury, with a booking credit or full refund of the relevant Fee, provided that You can provide KR Dance with medical proof (e.g. medical certificate) of their illness or injury.
4.3. To the extent permitted by law, there will be no refunds in any circumstances for:
- Costume hire fees
- Concert tickets
- Registration fees
- Showcase tickets
5.1. The Students is expected to attend all scheduled classes and rehearsals throughout the year. KR Dance must be notified if a student will be absent from class.
5.2. KR Dance must be notified in advance if the Student wishes to withdraw from the classes. In the event a Performance Student is absent from class without reason from more than 3 classes in a row, KR Dance may, at its absolute discretion, terminate that students’ role in the performance group and, to the extent permitted by law, no refund will be given.
5.3. Where the Student is a Performance Student, they are expected to be available for all scheduled competition performances and rehearsals throughout the year. Absence from a scheduled performance or rehearsal may, at the discretion of the principle, result in withdrawal from the group and/or class.
5.4. The Student must be on time for classes and dressed in the correct uniform.
5.5. In the event of illness, You will notify KR Dance.
5.6. If a class is cancelled by KR Dance Studio, a replacement class will be offered. If for any reason a cancelled class cannot be replaced by KR Dance Studio, a credit on the following terms fees will be applied.
5.7. You are responsible for your child outside of their class time. KR Dance Studio cannot take responsibility of children once they leave the class. Please drop off/pick up your child on time.
5.8. You are not allowed into classes while they are in progress unless invited.
5.9. Students enrolled at KR Dance cannot also be participating in any classes at another dance studio.
- Intellectual property
6.1. You acknowledge that KR Dance is the owner of:
- the photographic and digital images and/or audio and visual recordings (and all intellectual property rights contained therein) taken of your child by, or on behalf of, KR Dance at, or in relation to, a KR Dance class or event, and You are not entitled to any remuneration, royalties or any other payments from KR Dance in respect of the use by KR Dance of the photographic and digital images and/or audio and visual recordings; and
- all costumes, choreography or music (and ancillary work products) discovered, developed or otherwise coming into existence because of, for the purposes of, or relating to the performance of the Services or this Agreement will vest in, and are assigned to, KR Dance.
- Personal conduct
7.1. You must always conduct yourself in a civil, safe and proper manner and entirely in accordance with the Policies and Procedures and any other directions of KR Dance.
7.2. KR Dance Studio provides a friendly, safe and non-discriminatory place for all students, parents and teachers. We have a zero tolerance of bullying or intimidating behaviour involving parents or students. Bullying behaviour, intimidation of other students, parents or teachers will not be tolerated. Any such behaviour may jeopardize your child’s enrolment at KR Dance Studio and, to the extent permitted by law, no refunds will be given.
- Loss and damage
8.1. KR Dance 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 guardian will be liable for loss, injury or damage caused by an act or omission of the Student to anyone else or to KR Dance’s property including without limitation the Premises, equipment, costumes, uniforms, props or other property (KR Dance Property). In such an event, without limiting any other remedies available to it at law, KR Dance reserves the right to charge the guardian the full cost of either (at its discretion) repairing or replacing the KR Dance Property.
- Release and Indemnity
9.1. Although KR Dance 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 because 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, KR Dance 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 breach by the Student of any of their obligations under this Agreement;
- any act or omission (whether negligent, dishonest, fraudulent or otherwise) of KR Dance;
- 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 KR Dance 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 KR Dance’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 KR Dance 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, KR Dance’s sole liability for breach of any such condition, warranty or other obligation is limited to:
- in the case of services, supplying the services again or payment of the cost of having the services supplied again.
HOW DOES KERRIE RENEE DANCE STUDIO COLLECT AND USE MY INFORMATION?
When you register for classes at Kerrie Renee Dance Studio, we collect contact information such as guardian names, addresses, phone numbers, emergency contacts, e-mail address and student information such as student names, birthdays, medical conditions. Some of the information is required and is noted with a red asterisk on the forms. This information is needed to manage studio business and will not be used or sold for any other purpose, except as described below. Some of the information is optional (NOT marked with a red asterisk). Optional information is requested to help us better understand our students/participants and is used only as needed for studio business. This information will not be used or sold for any other purposes, except as described below.
WHO HAS ACCESS TO MY INFORMATION?
When you fill in the ‘contact us’ or ‘enrolment’ form from our website, the information you enter is used to ensure that Kerrie Renee Dance Studio has the relevant information to advise on classes and fees and to set up an account for our invoicing software. Kerrie Renee Dance Studio have access to your personal information only to manage the studio business.
Kerrie Renee Dance Studio will access your personal information and/or share it with third parties only for the following purposes: (i) as needed for studio business; (ii) if required to do so by law or to comply with legal process; or (iii) to protect the rights, property, or personal safety of the public.
- Force majeure
12.1. KR Dance 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.
13.1. If there are any inconsistencies between the terms of this Agreement and the Policies and Procedures, the terms of this Agreement will prevail to the extent of the inconsistency.
13.2. This Agreement is governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.
13.3. 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.
13.4. This Agreement replaces all prior agreements between KR Dance and the Student (whether written or verbal) and all prior statements or promises made by KR Dance or its Personnel. The parties agree that this Agreement embodies their entire understanding and agreement.
13.5. 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.
By clicking Yes on the Enrolment Form You acknowledge and agree that You have read and understand these Terms and Conditions, and agree to be bound by them.