Momentum Dance Co
Terms and Conditions
(Revision 1.0: January 2025)
Welcome to Momentum Dance Co. By enrolling in our programs or attending our classes, you agree to comply with the following terms and conditions. These terms are intended to ensure a safe, productive, and enjoyable environment for all participants. Please read them carefully.
1 Definitions
1.1 For the purposes of this Agreement, the following definitions apply:
(a) “Momentum Dance Co” means Momentum Dance Co and includes its heirs, agents, representatives, officers, directors, shareholders, employees, contractors, successors, and assignees.
(b) "Student" means any individual enrolled in classes or programs offered by Momentum Dance Co.
(c) "Program" includes any dance class, workshop, performance, or activity offered by Momentum Dance Co.
(d) "Responsible Party" refers to the individual responsible for payment and compliance with these terms, including parents or guardians of minor students.
(e) "Registration Form" is the form completed to enrol in any class or program.
(f) "Fees" includes tuition, term fees, and other charges as applicable.
(g) "Guardian" means the parent or legal guardian of a Student under 18 years of age.
2 APPLICATION OF TERMS
2.1 These terms, together with the Registration Form and Direct Debit Request (if applicable), form a legally binding agreement between Momentum Dance Co and the Student/Guardian.
2.2 By enrolling at Momentum Dance Co, the Student and Guardian acknowledge that they have not relied on any representations made prior to entering this agreement.
3 Enrolment and Registration
3.1 Registration Requirements: Students and/or Guardians must complete a registration form with accurate information, provide emergency contact details, complete a health screening questionnaire, and sign all required waivers and agreements. Students must meet the age requirements specified for each class as required by Momentum Dance Co.
3.2 Class Enrolment: Enrolment is only confirmed once the registration form is completed and payment is made. Students place in the class is not guaranteed until payment has been received.
3.3 Program Changes: Momentum Dance Co reserves the right to change class times, locations, or instructors and to cancel classes due to low enrolment, instructor availability, or other unforeseen circumstances. Students and/or Guardians will be notified as soon as practicable of any program changes.
4 Payment and Fees
4.1 Fees: All fees must be paid in advance. Fees are non-refundable after the start of the class or program unless stated otherwise or agreed upon by Momentum Dance Co in writing. All fees are inclusive of GST.
4.2 Payment Methods: Payment can be made via credit card, direct debit or bank transfer.
4.3 Direct Debit Arrangements: Students and/or Guardians must complete a Direct Debit Request. Payment processing is handled by a third-party provider. Changes to billing information must be notified in writing. Failed payments will incur a reprocessing fee of 1% + $0.40. Any changes to account details will be in accordance with the Direct Debit Request.
4.4 Late Fees: Late payments will incur a late fee of $10. Non-payment may result in suspension of enrolment. Continued non-payment may result in termination of enrolment.
4.5 Cooling-Off Period: A 10-day cooling-off period applies for new enrolments. Students may receive a full refund minus the cost of any attended classes if cancellation is made in writing during this period. The cooling-off period does not apply to enrolment renewals.
4.6 Suspension Requests: Temporary suspension may be requested for valid reasons. A suspension fee may apply.
5 Class Attendance
5.1 Punctuality: Students must arrive on time for all classes. Late arrivals may be denied entry to avoid disrupting the class and may miss important instructions or warm-up sessions.
5.2 Missed Classes: Momentum Dance Co does not provide refunds for missed classes. Make-up classes may be offered at Momentum Dance Co's discretion. Medical certificates are required for extended absences.
5.3 Injuries: Any injury, either prior to or during class must be reported immediately to the instructor. A medical certificate demonstrating fitness to participate in classes will be required to continue attendance in future classes.
6 Free Trials
6.1 Eligibility: The Free Trial Class may be available to new students who have not previously enrolled in any classes at Momentum Dance Co, at Momentum Dance Co’s discretion.
6.2 One-Time Offer: If applicable, each student is entitled to one free trial class only, regardless of the number of classes offered at Momentum Dance Co.
7 Code of Conduct
7.1 Respectful Behaviour: All students, parents, guardians and visitors are expected to maintain respectful behaviour toward others, including instructors, fellow students and staff.
7.2 Dress Code: Students must adhere to the dress code for each class. Momentum Dance Co recommends that students use their judgements to wear appropriate footwear and attire suitable for the style of dance being taught.
7.3 Bullying: Bullying, harassment, or disruptive behaviour will not be tolerated and may result in expulsion from the program.
7.4 Facility Rules: Students must follow all posted safety instructions and proper use of equipment is required at all times. No unauthorised access to facilities is permitted.
8 Health and Safety
8.1 Physical Condition: By attending classes, students confirm that they are in good health and capable of participating in physical activities. Students may be asked to complete a pre-participation health questionnaire. Medical clearance may be required for specific health conditions. Students and Guardians have an ongoing duty to disclose any medical conditions that may affect participation. Momentum Dance Co may require periodic health updates to ensure student safety.
8.2 Injuries: Momentum Dance Co is not responsible for injuries sustained during classes or events. All students participate at their own risk. Students should immediately notify the instructor of any discomfort or injuries. First aid will be administered if required. Momentum Dance Co may require proof of medical fitness to continue participation
8.3 Emergency Situations: In case of an emergency, Momentum Dance Co will attempt to contact the responsible party listed in the registration form. If necessary, Momentum Dance Co will seek medical attention at the responsible party’s expense. First aid will be administered if required. Momentum Dance Co may seek emergency medical treatment at Student/Guardian expense. Students must follow emergency evacuation procedures.
9 Media and Privacy
9.1 Media Release: By attending Momentum Dance Co, students grant permission for photographs and videos taken during classes, performances, or events to be used by Momentum Dance Co for promotional purposes. If students do not wish to be included in media, please notify Momentum Dance Co in writing. Momentum Dance Co retains all intellectual property rights on creation.
9.2 Privacy: Momentum Dance Co collects personal details for enrolment purposes, health information for safety requirements, and contact details for communications. All information is handled in accordance with the Privacy Act 1988 (Cth). Personal information will be used for class administration, emergency contact purposes, payment processing, and program communications.
9.3 Disclosure: Information sharing is limited to essential services such as payment processing and emergency medical services. No unauthorised sharing of personal information will occur.
10 Cancellation and Refund Policy
10.1 Class Cancellation by Momentum Dance Co: If a class or event is cancelled by Momentum Dance Co due to unforeseen circumstances, students will be offered a full refund or the option to reschedule where possible. Momentum Dance Co will provide minimum 24 hours notice where possible.
10.2 Student Withdrawal: Students and/or Guardians must provide 14 days written notice for cancellation. No refund will be provided during the notice period. A pro-rata refund will be issued for any advance payments beyond the notice period. Medical exceptions may be considered with appropriate documentation.
11 Liability
11.1 Risk Acknowledgment: Dance activities involve inherent risks. While Momentum Dance Co will take reasonable precautions, participation is at the student's own risk.
11.2 Limitation of Liability: Momentum Dance Co is not liable for any loss, damage, or injury resulting from participation in classes, rehearsals, performances, or any other activities organised by Momentum Dance Co. Momentum Dance Co is not liable for any indirect or consequential loss.
11.3 Indemnity: Students and Guardians agree to indemnify and hold harmless Momentum Dance Co against any claims, actions, or damages arising from breach of these terms, negligent acts, or wilful misconduct.
12 Personal Property
12.1 Lost or Stolen Property: Momentum Dance Co is not responsible for lost, stolen, or damaged personal belongings. Students are advised not to bring valuables to class.
13 Termination of Enrolment
13.1 Expulsion: Momentum Dance Co reserves the right to expel any student who violates these terms and conditions, engages in disruptive behaviour, or fails to adhere to the code of conduct.
13.2 Non-Refundable: In the case of expulsion, no refunds will be issued for unused classes or programs.
14 ELECTRONIC COMMUNICATIONS
14.1 Digital Notices: Students and Guardians consent to receive electronic communications. Notices are deemed received on the next business day. Students and Guardians must maintain current contact details. Momentum Dance Co is not liable for technical communication issues.
15 Amendments to Terms and Conditions
15.1 Changes to Terms: Momentum Dance Co reserves the right to modify or update these terms and conditions at any time. Significant changes will be provided via email or posted at the facility. Continued attendance after such changes indicates acceptance of the modified terms.
16 Governing Law
16.1 These terms and conditions are governed by the laws of Western Australia. Any legal disputes will be resolved in the appropriate courts within this jurisdiction.
By enrolling at Momentum Dance Co, Students and Guardians acknowledge that they have read, understood, and agree to abide by these Terms and Conditions.
If you need any assistance or clarification, feel free to contact us at [email protected].