Privacy and Security
We collect and
store the personal information You enter at the time of registration and at any
time You provide such
information to Us.
that We may disclose Your personal information, including Your name and
location to third parties as necessary. For example, if You participate in
external events or grading that requires the provision of Your information.
Photos and Videos
1.3 You consent to photographs and video footage being taken of You and/or Your child performing during classes or events, including but not limited to dance assessments and concerts.
These images may be used by Us for the purpose
of promotional material, including use on social media, teaching and other purpose
as We deem fit. You agree that any intellectual
property rights and/or moral rights in respect of such footage vest solely in Us
and otherwise consent to the assignment of such rights to us.
Indemnity and Liability
2.1 General indemnity
to indemnify Us against any claim, action, damage, loss, liability, cost,
charge, expense or payment which We may pay, suffer, incur or are liable for,
in relation to any act You do or cause to be done, in breach of the Terms howsoever arising.
To the maximum extent permitted
by law, We will not be responsible and will be excluded from all liability, for
any loss or damage whatsoever (including personal injury, loss of life and
damage to property) that You or another person may suffer in connection with Your
participation on classes or courses.
Subject to clause 8.2(a), Our
total maximum liability to You for any damages is the total amount paid by You in
You agree that
participation in any course or lesson does not guarantee results of any kind.
2.4 Indemnity for injury
The risk of harm in participating in martial arts or fitness
activities cannot be fully mitigated and the participation in any class or
course may result in serious bodily harm to You. You agree that by continuing
to participate in any class or course You agree to release, indemnify and hold
Us harmless from any loss or damage You may suffer from participation in a
class or course.
You agree that You freely and voluntarily participate in the course
or class that may involve the striking of another participant and that You may
be struck by another participant.
You agree that clause 2 will survive the termination of Your registration.
3.1 By completing registration, You:
confirm that all the
information You have given Us in connection with Your registration is complete, true and correct;
confirm that there are no
medical condition or allergy that is not disclosed to Us prior to registration.
If You or Your child requires medication to be taken during a class, such
information must be provided to Us prior to commencement of the class. Our
staff cannot dispense medication not otherwise notified to Us prior; and
(e) acknowledge and accept the risks of participating in Our classes including but not limited to the exposure and infection of diseases such as COVID-19.
You acknowledge and agree that You may be prevented from completing Registration or have Your Registration and participation cancelled if We determine, in Our sole opinion, that any of the above statements are untrue, or You are otherwise in breach of the Terms.
3.2 To the extent permitted by law, the content of any course and lessons We provide is provided without warranties of any kind, whether statutory, express or implied, including but not limited to, warranties of title, non-infringement, merchantability, fitness for a particular purpose, accuracy, completeness, compatibility with software or equipment. We make no warranties or representations that Our course and lessons will be free from error or liability. By participating in Our course and lessons, You accept all liability for Your actions.
3.3 You agree that clause 3 will survive the termination of Your Registration.
4.1 Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
Any provision of, or the application of
any provision of these Terms which is void, illegal or unenforceable in any
jurisdiction does not affect the validity, legality or enforceability of that
provision in any other jurisdiction or of the remaining provisions in that or
any other jurisdiction.
If a clause is void, illegal or unenforceable, it
may be severed without affecting the enforceability of the other provisions in these Terms.
agreement shall be governed by and construed in accordance with the laws of Victoria
and the parties agree to submit to the exclusive jurisdiction of the Courts of Victoria.