Terms and Conditions

Terms and Conditions

 

1.  Introduction

1.1 School’s Commitment
Australian Dance Arts Pty Ltd (ABN: 621838051), trading as Ballet Academy Northside (BAN) and Sydney College of Dance (SCD) (referred to as "the School"), is committed to providing high-quality dance training and related services in a safe, supportive, and professional environment.

1.2 Your Commitment
By enrolling at the School, you agree to:

o    Adhere to these Terms and Conditions and all School policies.

o    Fulfill your financial obligations in a timely manner.

o    Conduct yourself and/or your child respectfully toward staff, students, and the broader School community.

1.3 Policy Updates
The School reserves the right to update these Terms and Conditions and associated policies as necessary to reflect changes in operations, legal requirements, or best practices.

1.4 Notification of Changes

o    Any significant changes to the Terms and Conditions will be communicated to families via email and/or published on the School's website.

o    Families will be provided with at least 6 weeks’ notice before the changes take effect.

1.5 Acceptance of Changes

o    Continued enrolment and participation in classes after the effective date of any updates will be considered acceptance of the updated terms.

o    If you do not agree to the updated terms, you may withdraw from the School by providing written notice as outlined in Section 7 (Withdrawal and Cancellation).

2.  Enrolment

2.1 Annual Enrolment and Automatic Rollover
Enrolment is for the full school calendar year and aligns with the term dates observed by private schools in New South Wales.

Term-to-Term Automatic Rollover

o    Enrolments automatically roll over from term to term within the same calendar year unless the School receives a written cancellation request.

o    Cancellation requests must be emailed to [email protected] no later than the final day of the current term.

o    Cancellation requests received after the deadline will take effect at the end of the following term, and all fees for the upcoming term will remain payable in full.

Year-to-Year Automatic Rollover

o    Enrolments automatically roll over into the next school year unless canceled in writing by the final day of Term 4.

o    Students will be placed in mandatory classes appropriate for their progression level for the new school year.

o    Additional or elective class enrolments may be requested separately and are subject to availability.

Adequate Notice
Families are required to provide adequate notice if they intend to discontinue enrolment to allow waitlisted students to access available places.

2.2 Age and Eligibility
Students must meet the age and eligibility requirements for their chosen classes or programs. The School reserves the right to place students in appropriate levels based on their skills, experience, and progression needs.

2.3 Late Enrolments

o    New Students enrolling after Week 3 of a term will pay a pro-rata term fee based on the remaining weeks of the term.

o    Existing Students adding new classes after Week 3 will pay a pro-rata fee for the newly added classes only.

o    Term fees for classes enrolled at the start of the term remain payable in full.

2.4 No Pro-Rata Adjustments for Missed Classes
Missed classes are not eligible for pro-rata adjustments, credits, or refunds.
Exceptions may apply only if the following conditions are met:

Medical Grounds:

§  A written request must be submitted along with a valid medical certificate.

§  The student must have missed 4 or more consecutive weeks of classes due to a medical condition.

§  Requests will be reviewed and approved at the School’s sole discretion.

Exceptional Circumstances:

§  Cases of genuine hardship or unforeseen events (excluding holidays or personal travel) may be considered.

§  Written requests must be submitted detailing the circumstances and evidence supporting the claim.

§  Consideration will only be given for absences of 4 or more consecutive weeks, and approvals are at the School’s sole discretion.

Note: Requests for adjustments must be submitted within 14 days of the conclusion of the missed classes. Approval is not guaranteed, and any adjustments granted will be in the form of credits for future classes, not refunds.

2.5 Concert Participation
Participation in the annual concert is expected. If a student cannot participate, written notice must be provided by Week 1 of Term 3. Attendance at concert-related classes and rehearsals is mandatory.

 

3.  Fees and Payments

3.1 Fee Structure

o    All classes and programs are charged on a term basis.

o    Fees are inclusive of GST and are payable in full prior to the commencement of the term or by the invoice due date.

o    A one-off enrolment registration fee of $35 applies to all new students upon enrolment. This fee is non-refundable and covers administrative costs associated with processing the initial registration.

o    Term fees are non-transferable between students or programs.

Payment Methods
The School accepts the following payment methods:

Bank Transfer

§  Payments must include the student’s name and invoice number for tracking purposes.

§  Families are responsible for ensuring the correct bank details are used.

Credit Card and Direct Debit

§  Payments made via credit card or direct debit may incur additional charges.

§  Families will be notified of any applicable charges prior to payment processing.

§  The School reserves the right to adjust these charges to reflect changes in processing costs. Any updates to charges will be communicated in advance.

General Conditions for Payment Methods

o    The School reserves the right to suspend enrolment if payment is not received by the due date or if multiple payment method issues occur (e.g., repeated failed transactions).

o    Families are responsible for ensuring payment arrangements are active and accurate.

o    Any changes to direct debit or credit card arrangements, such as updated account or card details, must be communicated to the School in writing at least 14 days prior to the next scheduled payment.

3.2 Late Payment Policy
The following policy applies to overdue payments to ensure the School's financial stability and fairness:

1. Late Payment Fee
   A late payment fee of $50 will be applied if fees remain unpaid 30 days after the invoice due date.
2. Suspension of Enrolment
   If fees remain unpaid 42 days beyond the invoice due date, the School reserves the right to suspend the student’s enrolment. The student will not be permitted to attend:
   • Classes
   • Rehearsals
   • Performances
   • Events
     Suspension will remain in effect until the overdue balance is paid in full.
3. Final Demand Notice
   A final 7-day notice will be issued to the account holder. This notice will specify the overdue balance, including any applicable late fees and administrative charges, and provide a deadline for payment.
4. Referral to Debt Collection
   If payment is not received by the deadline specified in the Final Demand Notice, the account will be referred to a third-party debt collection agency. Additional costs will apply and will be added to the outstanding balance, including:
   • Debt collection agency fees
   • Reasonable legal fees, including solicitor-client costs
   • Administrative costs incurred during the recovery process
5. Termination of Enrolment
   If the overdue balance remains unpaid 14 days after referral to a debt collection agency, the School reserves the right to terminate the student’s enrolment permanently.
6. Ongoing Financial Liability
   Outstanding balances remain enforceable under this agreement. The School may pursue all legal avenues to recover unpaid fees.
7. Default Interest
   At the School’s discretion, interest may be applied to overdue accounts at the maximum rate permitted by law.

3.3 Payment Plans
Payment plans are offered to assist families in managing term fees, subject to the following conditions:

1. Request Submission
   Requests for payment plans must be submitted in writing to [email protected] prior to the start of the term. Late requests may not be considered unless exceptional circumstances apply and are approved by the School.
2. Approval
   Approval of payment plans is at the sole discretion of the School. Payment plans are not active until written confirmation has been provided by the School.
3. Surcharge
   A 5% surcharge will be applied to the total term fee for all payment plans to cover administrative and processing costs.
4. Instalment Schedule
   Payment plans divide the total term fee into equal instalments, which must be completed by the last week of the term. Instalments may be scheduled weekly or fortnightly, as agreed with the School.
5. Missed Instalments
   Each missed instalment will incur a $35 administration fee. Repeated missed payments may void the payment plan at the School's discretion, making the entire outstanding balance immediately due and payable.
6. Direct Debit Requirement
   Payment plans must be set up via direct debit. Families are responsible for ensuring sufficient funds are available for scheduled payments. Failed direct debit transactions may incur additional fees, including bank or administrative charges, which will be added to the account balance.
7. Changes to Direct Debit Details
   Any changes to direct debit payment details (e.g., account information or card updates) must be communicated in writing to the School at least 7 days before the next scheduled payment.
8. Eligibility for Re-Enrolment
   Students with outstanding balances from prior terms are not eligible for re-enrolment or participation in classes, rehearsals, performances, or exams until all overdue amounts are cleared in full.
9. Non-Compliance
   The School reserves the right to revoke or deny payment plan privileges if payment obligations are not met or if the plan terms are breached.

3.4 Early Payment Policy
The Early Payment Policy rewards families for paying tuition fees in advance while supporting the School’s operational efficiency. Families can choose from the following discount options:

1. Term Fee Discounts
   • Families can receive a 5% discount on term fees if the full payment is made 60 days prior to the first day of the term.
   • This option applies to all terms individually and requires timely payment to qualify for the discount.
2. Annual Tuition Fee Discount
   • Families paying the full year's tuition fees in advance (all terms combined) are eligible for a 10% discount if the payment is made 60 days prior to the start of Term 1.
   • The annual discount applies to the full tuition amount, excluding additional costs such as eisteddfod fees, examinations, workshops, private lessons, costume, and production fees.
3. Exclusions from Early Payment Discounts
   Discounts apply exclusively to tuition fees and exclude additional charges such as:
   • Eisteddfod fees
   • Examinations
   • Workshops
   • Private lessons
   • Costume and production fees
   • Other associated program costs not included in regular tuition fees as outlined in the fee schedule.
4. Refunds and Adjustments
   Refunds for early payments are subject to the following:
   • Refunds will be calculated based on the discounted fees paid and only for the remaining portion of the term or year.
   • Refunds will align with the Withdrawal Policy (Section 7).
   • Additional enrolments after the early payment deadline are subject to the standard fee schedule without early payment discounts applied.
5. Notification of Early Payment Opportunities
   • Families will receive an invoice or reminder of early payment opportunities no later than 8 weeks prior to the start of each term or Term 1 for annual payments.

3.5 Discounts

1. Sibling Discounts
   • A 10% discount applies to tuition fees for the second and subsequent siblings enrolled concurrently.
   • Discounts apply exclusively to tuition fees and exclude additional charges as outlined in the fee schedule.
2. Multiple Class Discounts
   • Multiple class discounts are available as per the School's term fee schedule. Families are encouraged to review the term fee schedule for details on class-specific discounts.

 

4.  Attendance and Conduct

4.1 Attendance
Students must maintain consistent attendance to fully benefit from the program. The School requires a minimum of 80% attendance for eligibility to participate in exams, performances, and competitions. Failure to meet the attendance requirement may result in:

o    Exclusion from exams, performances, or competitions.

o    Additional private lessons at the student’s cost to meet eligibility requirements, at the discretion of the School.

4.2 Behavioural Expectations
Respectful behaviour is mandatory for all students, parents, and guardians. The following actions are strictly prohibited:

o    Bullying, harassment, or intimidation in any form.

o    Disrespect toward staff, other students, or School property.

o    Failure to follow instructions from staff or teachers.

o    Behaviour that compromises the safety, welfare, or educational experience of others.

The School reserves the right to take the following actions in response to breaches of behavioural expectations:

o    Warnings: Issuing verbal or written warnings for minor infractions.

o    Suspension: Temporarily suspending a student from classes, rehearsals, or performances.

o    Expulsion: Permanently terminating enrolment for severe or repeated breaches.

4.3 School’s Rights
The School reserves the right to:

o    Refuse entry to classes or events for any student or parent exhibiting disruptive or inappropriate behaviour.

o    Adjust or terminate a student’s participation in the program if their conduct negatively impacts others or the School’s operations.

o    Enforce disciplinary measures, including suspension or expulsion, without refund of fees, if the behaviour of the student or their family breaches the School’s policies.

 

5.    Health, Safety, and Wellbeing

5.1 Fitness to Participate
By enrolling, families confirm that the student is physically and mentally fit to participate in all classes and activities. Any pre-existing injuries, medical conditions, or limitations must be disclosed to the School in writing prior to enrolment. It is the responsibility of parents/guardians to promptly inform the School of any changes to the student's fitness to participate.

5.2 Injuries and Medical Emergencies

o    The School takes all reasonable precautions to ensure a safe environment for students. In the event of an injury, basic first aid will be administered, and the parent/guardian will be notified immediately.

o    For serious medical emergencies, the School may seek professional medical assistance and/or arrange for transportation to a medical facility. Families are responsible for any costs associated with emergency medical care, including ambulance services.

o    The School is not liable for injuries or medical expenses except where directly caused by the School's proven negligence.

5.3 Unforeseen Circumstances
In the event of unexpected disruptions beyond the School’s reasonable control, such as pandemics, government-mandated lockdowns, extreme weather conditions (including heatwaves), natural disasters, or other emergencies, the following policy will apply:

Class Cancellations

§  The School reserves the right to cancel classes entirely if circumstances prevent safe in-person attendance or delivery of services.

§  Cancellations may apply to single classes, multiple sessions, or the remainder of a term, depending on the nature and duration of the disruption.

No Refunds or Credits

§  Fees are non-refundable and non-transferable for classes cancelled due to disruptions outside the School’s control.

§  Families acknowledge and accept that their enrolment fees support the continued operation of the School, including staff and infrastructure costs, regardless of unforeseen interruptions.

Communication

§  Families will be notified promptly via email, SMS, or the School’s website of any disruptions or cancellations.

§  It is the responsibility of families to ensure that their contact information is accurate and up to date.

Limitations on Liability

§  The School is not responsible for interruptions caused by events outside its control and will not be liable for refunds, compensation, or damages.

§  By enrolling, families agree that the possibility of cancellations due to disruptive circumstances is part of the Terms and Conditions.

Heatwave-Specific Measures

§  During extreme heat, the School will prioritize student safety by:

§  Cancelling classes when conditions are deemed unsafe.

§  Offering rescheduled sessions only if feasible within the same term.

5.4 Force Majeure
The School shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, labour strikes, or other unforeseen events. In such cases, the School reserves the right to cancel classes, modify schedules, or take other reasonable measures to ensure the safety and welfare of students, families, and staff.

 

6.  Intellectual Property and Media Use

6.1 Choreography and Class Content

o    All choreography, class content, performance materials, and related intellectual property are the exclusive property of the School and its staff.

o    Families and students acknowledge that:

§  Unauthorized recording, reproduction, sharing, or use of choreography or class materials for purposes outside of School-related activities is strictly prohibited under Australian copyright law.

§  Written permission must be obtained from the School for any public use or distribution of class content, including choreography or recorded performances.

6.2 Media Use and Promotional Materials

o    The School frequently uses photographs and video recordings of students during classes, rehearsals, and performances for promotional purposes, including:

§  The School’s website, social media platforms, newsletters, and marketing materials.

§  Publications that positively represent the School’s activities.

6.3 Consent for Media Use

o    By enrolling, families provide consent for the School to use images or recordings of students for the purposes outlined above.

o    Families who do not wish for their child to appear in promotional media must submit an opt-out request in writing to [email protected] prior to the start of the term.

o    Opt-out requests will be honoured moving forward but cannot be applied retroactively to media created before the opt-out notification was received.

6.4 Protection of Student Privacy

o    The School takes all reasonable steps to ensure that media content respects the privacy and dignity of students.

o    Media used for promotional purposes will be professional, positive, and in alignment with the values of the School.

6.5 Use of Third-Party Recordings

o    Families and students are prohibited from recording classes, rehearsals, or performances without prior written consent from the School.

o    Any unauthorized recordings made on School premises or at School events must be deleted upon request.

6.6 Copyright Compliance

o    The School complies with all applicable Australian copyright laws regarding the use of music, choreography, and media.

o    Families are required to respect the intellectual property rights of the School and its affiliated artists and instructors.

 

7.  Withdrawal and Cancellation

7.1 Withdrawal by Families

o    Withdrawal requests must be submitted in writing to [email protected] by the last day of the current term.

o    Requests received after the term's final day will take effect at the end of the following term, and fees for the upcoming term will remain payable in full.

Example:
If you wish to withdraw your child from classes at the end of Term 2:

o    Deadline for Withdrawal Request: You must submit your withdrawal request in writing by the final day of Term 2.
If your withdrawal request is received after the final day of Term 2:

o    Your child's enrolment will automatically roll over into Term 3.

o    You will remain responsible for paying the Term 3 fees in full.

o    The withdrawal will take effect at the end of Term 3, and your child will not be enrolled for Term 4.

7.2 Cancellation by the School
The School reserves the right to cancel enrolment in the following circumstances:

o    Policy breaches by the student or their parent/guardian.

o    Non-compliance with behavioural expectations that disrupt the safety, welfare, or educational experience of others.

o    Unpaid fees or failure to meet financial obligations after due process and notification.

Refunds and Credits for School-Initiated Termination:

o    Policy Breaches or Behavioural Issues: Fees paid for the current term are non-refundable if the School cancels enrolment due to policy breaches or behavioural issues.

o    Unpaid Fees: If enrolment is cancelled due to unpaid fees, no refunds or credits will be issued, and the outstanding balance will remain due.

o    Other School-Initiated Cancellations: If the School cancels a program or class permanently for reasons unrelated to the student’s behaviour or compliance (e.g., closure of a program), a credit or refund for the unused portion of the term fee will be issued.

7.3 Refunds and Credits
Refunds or credits will only be considered under the following circumstances:

o    Medical Grounds: If a student is unable to attend for an extended period (4 or more consecutive weeks), a written request with a valid medical certificate must be submitted within 14 days of the absence. The School may, at its discretion, offer a credit toward future classes.

o    Exceptional Circumstances: Cases of genuine hardship or unforeseen events will be assessed on a case-by-case basis at the School’s sole discretion.

7.4 Non-Refundable Fees
The following fees are non-refundable under any circumstances:

Missed Classes, Holidays, or Personal Travel:

§  Fees for classes missed due to personal reasons, including holidays or travel, are non-refundable.

Costume Fees:

§  Costume fees cover the purchase, hire, or creation of costumes specifically for a student's participation in productions or events.

§  Once invoiced, costume fees are non-refundable, even if the student withdraws from the production or event, as costumes are tailored or reserved based on enrolment commitments.

Production-Related Fees:

§  Fees associated with concert participation, rehearsals, and any production-related materials (e.g., props, set contributions, or performance licenses) are non-refundable once invoiced. These costs are incurred in advance to facilitate the event.

Workshop Fees:

§  Workshop fees are non-refundable once invoiced, as resources, guest instructors, and materials are organised based on confirmed enrolments.

§  Families are encouraged to ensure availability and commitment to the workshop dates before confirming participation.

Administrative Fees:

§  Administrative fees, including the one-off enrolment registration fee and processing charges, are non-refundable as they cover fixed operational expenses.

7.5 Exam Fees
The following policies apply to fees associated with external and internal dance examinations:

Payment of Exam Fees:

§  Exam fees are invoiced separately from term fees and must be paid in full by the specified due date provided by the School.

§  Failure to pay exam fees by the due date may result in the student being unable to participate in the examination.

Non-Refundable Exam Fees:

§  Exam fees are non-refundable once invoiced, as they are paid directly to the examining body (e.g., Royal Academy of Dance, Cecchetti Ballet).

§  If a student withdraws from an examination after fees have been submitted to the examining body, refunds are subject to the terms and conditions of that body.

Eligibility to Sit for Exams:

§  Students must meet the School's attendance and progression requirements to be eligible to sit for exams. A minimum attendance rate of 80% for all relevant classes is mandatory.

§  The School reserves the right to withhold a student's exam entry if they are deemed unprepared, even if fees have been paid. In such cases, fees are non-refundable.

Medical Withdrawals:

§  If a student is unable to attend an exam due to medical reasons, written notice and a valid medical certificate must be provided to the School within 14 days of the exam date.

§  Refunds for medical withdrawals are subject to the examining body's policies and discretion. The School will facilitate applications for refunds where applicable but cannot guarantee the outcome.

Additional Fees for Private Coaching:

§  Additional fees may apply for private coaching or extra rehearsals required to prepare a student for an examination. These fees will be invoiced separately and are also non-refundable.

7.5 Refund Policy Limitations
Refunds are generally not issued except in specific cases outlined in Section 7.3 Refunds and Credits. Families understand and agree that:

§  Enrolment fees contribute to the School's operational and administrative expenses, which are incurred regardless of attendance.

§  Non-refundable fees (e.g., registration, costume, or administrative charges) will not be reimbursed under any circumstances.

§  Requests for refunds outside the specified conditions in Section 7.3 will not be considered.

8.  Amendments and Legal Compliance

8.1 Amendments
The School reserves the right to amend these Terms and Conditions at any time. Updated versions will be communicated to families and published on the website. Continued enrolment signifies agreement with updated terms.

8.2 Governing Law
These Terms and Conditions are governed by the laws of New South Wales and the Commonwealth of Australia.

8.3 Consumer Rights
Nothing in these Terms and Conditions is intended to exclude or limit your rights under the Australian Consumer Law or other applicable legislation.

 

9.  Confidentiality

9.1 Choreography and Class Content
All choreography, performances, and class content are the intellectual property of the School.

o    Unauthorized recording, reproduction, or sharing is prohibited.

o    Written consent must be obtained for any use outside of School activities.

9.2 Confidentiality
Families are required to maintain the confidentiality of School materials, communications, and policies. Sharing sensitive or proprietary information without authorization is strictly prohibited.

 

10.  Safety and Wellbeing

10.1 Emergency Contact Information
Parents/guardians must provide accurate emergency contact details and update them as necessary.

10.2 Injury and First Aid

• Minor injuries will be treated with basic first aid, and the emergency contact will be notified.
• For emergencies, the School reserves the right to call for medical assistance. Associated costs are the responsibility of the parent/guardian.

10.3 Illness and Contagious Diseases
Students must refrain from attending classes if unwell or diagnosed with a contagious illness. A medical clearance may be required before returning.

 

11.  Attendance and Participation

11.1 Attendance Standards

• Students are expected to attend all scheduled classes.
• A minimum 80% attendance rate is required for participation in exams, performances, or competitions.

11.2 Concert and Eisteddfod Participation

• Participation in concerts and competitions requires attendance at all related rehearsals.
• Failure to attend mandatory rehearsals may result in removal from performances.

 

12.  Liability and Indemnity

12.1 Assumption of Risk
By enrolling, you acknowledge that dance and related activities involve inherent risks. The School takes all reasonable steps to ensure a safe environment but cannot eliminate all risks associated with physical activities.

12.2 Exclusion of Liability for Loss or Damage
The School is not responsible for:

• Loss, theft, or damage to personal belongings occurring on or outside the School premises.
• Any injuries, accidents, or damages sustained outside the School premises, including travel to and from classes, rehearsals, or events, unless directly caused by the School's negligence.
• Incidents resulting from third-party venues or activities conducted outside the School's facilities.

12.3 Responsibility for Valuables
Students and families are advised not to bring valuable items to class, rehearsals, or events. The School is not liable for any loss or damage to such items.

12.4 Indemnification
You agree to indemnify and hold the School, its staff, and affiliates harmless from any claims, liabilities, damages, and costs arising from:

• Breaches of these Terms and Conditions.
• Actions or negligence outside the School’s premises.
• Misuse of School property or facilities.

 

13.  Complaints and Feedback

• If you have concerns or complaints regarding any aspect of the School, please submit your concerns in writing to [email protected]. The School will endeavour to respond within 14 days. Complaints will be addressed in accordance with the School's internal policies to ensure a fair and timely resolution.

14.   Anti-Discrimination and Child Protection

14.1 Commitment to Inclusion and Safety
The School is committed to creating a safe, inclusive, and respectful environment for all students, staff, and families, regardless of age, race, gender, sexual orientation, disability, religion, or cultural background. Discrimination, bullying, and harassment are strictly prohibited.

14.2 Compliance with Child Protection Laws
The School complies with all relevant child protection legislation, including the Children and Young Persons (Care and Protection) Act 1998 (NSW) and the Child Protection (Working with Children) Act 2012 (NSW). All staff and volunteers working with children hold valid Working With Children Check (WWCC) clearances as required by law.

14.3 Mandatory Reporting Obligations
The School adheres to its legal obligations to report any concerns regarding child safety or welfare to the appropriate authorities. All concerns will be managed with confidentiality and in accordance with the law.

14.4 Zero Tolerance for Discrimination
The School operates in compliance with the Anti-Discrimination Act 1977 (NSW) and promotes equality and fairness in all its activities. Discriminatory behaviour, harassment, or exclusion based on any protected attribute will not be tolerated.

14.5 Reporting and Resolution
Concerns regarding discrimination, bullying, harassment, or child safety can be reported to [email protected]. The School will respond promptly and investigate all concerns in line with its policies and procedures.