Terms and Conditions

SIGNATURE ALL STARZ

By enrolling as a student at SIGNATURE ALL STARZ ALL STARZ, You are hereby agreeing to the following terms and conditions:

1. Definitions

Signature All Starz (or Us) means SIGNATURE ALL STARZ Pty Ltd.

Fees means the fees for the provisions of Services as set in the Class Fee Schedule, available at http://www.signatureallstarz.com.au 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 officer, employee, agent, teachers, contractor, sub-contractor or consultant of Signature All Starz.

Policies and Procedures means the policies and procedures that apply to the Services, available at http://www.signatureallstarz.com.au, as updated from time to time, which form part of this Agreement.

Privacy Policy means the Signature All Starz Privacy Policy, available at http://www.signatureallstarz.com.au, as updated from time to time, which forms part of this Agreement.

Premises means the dance studio or cheer gym (or such other premises of Signature All Starz from time to time).

Registration Form means the registration form which a person completes to register their interest in enrolling as a Student at Signature All Starz All Starz.

Services (or classes or programs) means pre-school, general, adult, troupe and/or industry dance classes, dance performances and competitions, singing, acting and tumbling classes as more fully described on the Signature All Starz website.

Student (or You) means the individual named on the Booking Form and includes the parent/ guardian (where applicable). Website means the Signature All Starz website located at www.signatureallstarz.com.au or any other internet site notified by Signature All Starz from time to time.

2. Conditions of enrollment

2.1. The Student and or Parent Guardian agrees and acknowledges that by completing and submitting the Registration Form the Student has agreed to abide by these terms and conditions. The terms and conditions with You also include the Registration Form, the Policies and Procedures, Video and Photograph Consent Form and the Privacy Policy (collectively the Agreement).

2.2. The Student or PArent Guardian must complete the Registration Form and agree to pay the Fees as set out in the Class Fee Schedule.

2.3. The Student 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 Student to notify Signature All Starz if they are ill or injured. Signature All Starz 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 medical information to Signature All Starz to satisfy Us that the Student is medically fit to participate in the classes. Signature All Starz 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. The Student must complete a use of Video and Photograph Consent Form upon enrolment.

2.6. Signature All Starz, at its absolute discretion, will allocate the Student to the most suitable classes, taking into account their age, past experience, dance ability, potential/talent, maturity, knowledge, behaviour, commitment and goals.

2.7. The minimum enrollment period is one semester. For new students joining after the start of a semester, Fees will be charged pro-rata. Semester 1 is January - June and Semester 2 is July until December.

2.8. Registration is subject to the availability and applicable pricing at the time of registration. Where a class is full, the Student may be placed onto the waiting list.

2.9. Signature All Starz reserves the right to cancel or change classes at any time.

3. Fees

3.1. In consideration of Signature All Starz providing the Services, the Student or Guardian must pay the Fees as set in the Class Fee Schedule.

3.2. All prices are quoted in Australian dollars and include Goods and Services Tax unless otherwise specified.

3.3. Fees are invoiced annually with payment plans available. The full invoice must be paid, regardless of the number of classes, the student wishes to attend (or actually attends).

3.4. Invoices are emailed to the email address provided on the Student’s Registration Form.

3.5. Fees are due by the due date or by the payment instalment date, listed in your parent portal. After this period, places for unpaid Students may be opened to students on the waiting list for classes.

3.6. Families with monthly instalments over $100 per month may request a weekly or fortnightly direct debit payment plan (which may or may not be accepted by Signature All Starz). This must be arranged and expressly approved by Signature All Starz prior to the due date. There will be no discounts, refunds or credits applied for missed classes. Any agreed payment plans are arranged by using Direct Debit. Additional fees apply.

3.7. Where a Student withdraws from Signature All Starz All Starz or classes during a semester 30 days written notice is required and all fees are payable until the termination date.

3.8. Fees can be paid using EFTPOS or credit card. No cheques or cash. Additional fees may apply for payments made by some credit cards. Direct Debit via Go Cardless is our preferred method of payment.

3.9. If the Student fails to pay the Fees to Signature All Starz All Starz by the due date, without limiting any other remedies available to it at law, Signature All Starz may, at its sole discretion, either: (a) charge interest on all outstanding Fees, charged at an interest rate of 1.25% per month (15% per annum); or (b) suspend or terminate the Services until all outstanding Fees are paid in full (including interest).

4. Refunds

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 Signature All Starz for whatever reason, the Student will not be entitled to a refund of the Fees. This ensures Signature All Starz can maintain a stable learning environment for all students with minimum class disruptions. Teachers are also hired based on full semester periods.

4.2. Notwithstanding any other provision of this Agreement, Signature All Starz may, at its absolute discretion, provide the student who has missed a class or has withdrawn from Signature All Starz due to illness or injury, with a booking credit or full refund of the relevant Fee, provided the Student can provide Signature All Starz with medical proof (eg medical certificate) of their illness or injury.

4.3. To the extent permitted by law, there will be no refunds in any circumstances for: (a) Costume hire fees or costume purchase fees. (b) Showcase Tickets (c) Registration fees (d) Showcase fees

5. Expectation

5.1. The Students are expected to attend all scheduled classes and rehearsals throughout the year. Signature All Starz must be notified if a student will be absent from class.

5.2. Signature All Starz must be notified in advance if the student wishes to withdraw from the classes. In the event the student is absent from class without reason from more than 3 classes in a row, Signature All Starz may, at its absolute discretion, terminate the Services and, to the extent permitted by law, no refund will be given.

5.3. Where the Student is an Elite Program s/he is expected to be available for all scheduled performances throughout the year. Absence from a scheduled event may result in immediate withdrawal from the class, group and/or program.

5.4. The Student must be on time for classes and dressed in the correct uniform.

5.5. In the event of illness the Student will notify Signature All Starz.

5.6. If a class is cancelled by Signature All Starz for whatever reason (excluding a Force Majeure Event) Signature All Starz will offer affected Students a credit.

6. Intellectual property

6.1. You acknowledge that Signature All Starz is the owner of:

(a) the photographic and digital images and/or audio and visual recordings (and all intellectual property rights contained therein) taken of You by, or on behalf of, Signature All Starz at, or in relation to, a Signature All Starz class or event, and You are not entitled to any remuneration, royalties or any other payments from Signature All Starz in respect of the use by Signature All Starz of the photographic and digital images and/or audio and visual recordings; and (b) all costumes, choreography or music (and ancillary work products) discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with the performance of the Services or this Agreement will vest in, and are assigned to, Signature All Starz.

7. Personal conduct

7.1. You must at all times conduct yourself in a civil, safe and proper manner and entirely in accordance with the Policies and Procedures and any other directions of Signature All Starz.

7.2. Should the Student violate the Policies and Procedures or engage in any behaviours or practices that are deemed to be inappropriate or unsafe, Signature All Starz reserves the right, to immediately, without further notice to You, terminate the Services, and, to the extent permitted by law, no refunds will be given.

8. Loss and damage

8.1. Signature All Starz 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 Student will be liable for loss, injury or damage caused by an act or omission of the Student to anyone else or to Signature All Starz property including without limitation the Premises, equipment, costumes, uniforms, props or other property (Signature All Starz Property). In such an event, without limiting any other remedies available to it at law, Signature All Starz reserves the right to charge the Student the full cost of either (at its discretion) repairing or replacing the Signature All Starz Property.

9. Release and Indemnity

9.1. Although Signature All Starz 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 as a result 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, Signature All Starz 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) a breach by the Student of any of their obligations under this Agreement; (b) any act or omission (whether negligent, dishonest, fraudulent or otherwise) of Signature All Starz; or (c) 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 Signature All Starz to incur expenses or make any payment before enforcing a right of indemnity under this Agreement.

10. Liability

10.1. To the extent permitted by law the aggregate of Signature All Starz’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 Signature All Starz 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, Signature All Starz’s sole liability for breach of any such condition, warranty or other obligation is limited to:

(a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and

(b) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

11. Force majeure

11.1. Signature All Starz 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.

12. General

12.1. 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.

12.2. This Agreement is governed by and must be construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.

12.3. 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.

12.4. This Agreement replaces all prior agreements between Signature All Starz and the Student (whether written or verbal) and all prior statements or promises made by Signature All Starz or its Personnel. The parties agree that this Agreement embodies their entire understanding and agreement.

12.5. 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.

12.6. This clause 11 and clauses 3, 4, 6, 7.2, 8, 9, and 10 survive termination of this Agreement By clicking Yes on the Registration Form You acknowledge and agree that You have read and understood these Terms and Conditions, and agree to be bound by them.