Terms and Conditions
Registration and participation in any courses or lessons is subject to the following terms and conditions (“Terms”). In these Terms, “We”, “Our” or “Us” means Kew School of Dance and its associated partners. “You” or “Your” means you as an individual that is either:
(a) A student of our course if you have capacity to enter into a contract with Us; or
(b) If the student does not have capacity to enter into a contract with Us, then the parent or guardian on behalf for that student, in which case a reference to “You” would be a reference to Your child.
1.1 The registration and ongoing participation of courses or lessons held by Us is governed by these Terms.
1.3 These Terms are updated from time to time by being published on Our website. Terms take effect at the time it is published and We recommend that you check Our website frequently to ensure you are aware of the latest version of these Terms.
1.4 You acknowledge reading these Terms, as updated from time to time, and agree to be bound by the Terms each time You participate in a course or lesson held by Us.
1.5 If You do not understand any part of the Terms, You should seek independent legal advice.
2.1 In order to participate in any lessons
or courses, You must complete the registration and consent form.
You warrant that the
information contained therein is correct, accurate and truthful at all times.
We rely on Your representations
contained therein and enter into this contract with You solely on the
correctness of the information provided to Us.
3.1 To participate in Our courses and lessons You must be appropriately dressed. You agree and acknowledge that We may prevent You from attending lessons if You are not dressed appropriately. This includes the wearing of appropriate footwear.
3.2 You must follow instructions provided by Us at all times. If You are
disruptive to Our courses or lessons or if You are engaged in bullying activities,
this will constitute a default of this Agreement.
3.3 Your participation in Our courses and lessons is at Your own risk.
3.4 You acknowledge and agree that there is an inherent risk of harm and
injury in participating in Our lessons and courses that cannot be entirely
mitigated. There is potential for serious harm to Your body and this is the
nature of the lessons and courses.
3.5 You agree to release and indemnify Us from any harm, loss, or injury that You suffer in the participation of Our courses or lessons.
3.6 If You are feeling unwell, You should not participate in any courses
or lessons. You should seek medical advice if You are unsure if you should be
participating in Our courses or lessons.
3.7 For the avoidance of doubt, the term “courses or lessons” extends to
events that You participate in with Us whether held or conducted by Us or
otherwise. By way of example, this will extend to any external or internal performance
event(s) that You participate in with Us or as Our student.
3.8 Classes are normally delivered in person, however, the mode of
delivery of classes may be changed at any time with limited notice if such
changes are necessary. By way of example only, if there are mandates that
restrict in-person delivery of classes. Fees will not be refunded in the event
that the mode of delivery is changed.
4 Cancellation of classes or withdrawing entirely
We may cancel classes at any time. If a class
is canceled by Us, You will be granted a
credit to be used at another equivalent class. Alternatively, we may offer you a
pro-rata refund of the class fee at our discretion.
If You are unable
to attend a class, You should contact Us with no less than 1
business day’s notice. A credit may be provided to You at Our
sole discretion. We reserve the right not to grant You any credit
for missed classes. If You fail to show up for a class or do not provide Us with sufficient
notice, You will be charged for the class by way of liquidated damages set off against pre-paid amounts We hold.
You may cancel Your registration
with Us at any time by providing Us with notice of cancellation.
4.4 You agree
that Your cancellation of any course or lessons will cause Us to suffer loss and
damage in the amount of any pre-paid fees. Accordingly, no refunds will be
provided if You cancel Your
registration with Us.
4.5 Your rights
to cancel Your registration will always be subject to Australian Consumer Law
4.6 To cancel Your registration, You must notify Us in writing.
You must pay fees associated with courses or
lessons per term in advance.
Fees paid are non-refundable and
Fees paid for a specific type of class cannot
be used for a different type of class or for the benefit of another student.
In addition to class fees, a costume levy will
apply if you are participating in an annual performance. This levy covers the
hire of costumes from Us and contributes towards the additional production
costs for our annual productions and is non-refundable. The costume levy will
be listed on your invoice as a separate item from class fees.
Fees are due within 14 days of the issue of the invoice
and We reserve the right to charge interest at 10%
per annum on outstanding amounts. We also reserve the right to charge a late
payment administration fee in addition to interest.
In addition to any fees We
charge, You may be required to pay an additional fee to participate in any
voluntary events such as grading events. It is not possible to estimate this
fee at this time and will be notified to You when it can be determined.
We may terminate Your registration
if You have breached the Terms or are in default of these Terms. If We
terminate Your registration:
(a) You are no longer authorised to participate in courses and lessons;
(b) You will continue to be subject to and be bound by all restrictions imposed on You by the Terms; and
(c) You must pay Us for any loss and damage suffered. This is generally any amounts pre-paid to Us.
6.2 Notwithstanding clause 4, should Your registration be terminated in accordance with clause 6.1, You will not be entitled to a refund of any amounts paid to Us.