TERMS AND CONDITIONS
As a customer of Bayside Dance Pty Ltd of 2/264 Tingal Road, Wynnum in the State of Queensland (“Bayside Dance”), these terms and conditions form the basis of your agreement with Bayside Dance. By completing and submitting an Enrolment Form via the Website, you (the “Client”) agree to be bound by these Terms and Conditions. Please read these Terms and Conditions before submitting an Enrolment Form.
Unless the context otherwise requires, the following terms shall have the following meanings:
(a) “Bayside Dance” means Kaitlin Hague of C/- 2/264 Tingal Road, Wynnum in the State of Queensland, trading as Bayside Dance.
(b) “GST” has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(c) “Enrolment Form” means the enrolment form on the Website or completed by hand.
(d) “Participant” means the person who will receive the Services provided by Bayside Dance (which may be different to the person completing the Enrolment Form and agreeing to these Terms and Conditions where the Participant is under the age of 18).
(e) “Policy” means the policies of Bayside Dance from time to time which includes a parent handbook, copies of which are displayed at the location where the Service are provided.
(f) “Price” and “Fees” means the fees for the Services as specified on the Website.
(g) “Services” means the services provided by Bayside Dance which include, but are not limited to, the provision dance classes and training.
(h) “Term” means the dates set by the Queensland Department of Education which Queensland students are required to attend school (see http://education.qld.gov.au/public_media/calendar/holidays.html), except where specifically advised by Bayside Dance that classes are available over the school holidays.
(i) “Terms and Conditions” means these Terms and Conditions, as amended from time to time.
(j) “Website” means www.baysidedance.com.au.
(k) “You” means the person agreeing to these Terms and Conditions.
2. Agreement to Supply Services
(a) By submitting an Enrolment Form, you agree to accept the Terms and Conditions.
(b) All Services are supplied on the basis of the Terms and Conditions to the exclusion of any other representation, expressed or implied, oral or in writing.
(c) These Terms and Conditions prevail over any purported conditions of purchase as notified by you.
(d) These Terms and Conditions may only be varied by a written variation signed by Bayside Dance.
3. Enrolling in the Services
(a) Bayside Dance will allow any new Participant under the age of 18 to attend their first chosen class upon receipt of a completed Enrolment Form (whether provided via hard copy or completed on the Website), without receiving payment of the Fee set out in clause 5 herein. Any new Participant over the age of 18 will only be able to participate in the Services by first submitting a completed Enrolment Form and attending to payment of the Fees (which may include payment of a casual fee for a single class).
(b) Following completion of the first chosen class, you must advise Bayside Dance if you wish to continue for the Term, at which time, payment of Fees will be required (including payment for the class already attended).
(c) Attendance by the Participant in any classes following the first chosen class is an offer by you to purchase the Services for the Price specified on the Website.
(d) You agree to provide complete and accurate information on the Enrolment Form, including your personal details to enable delivery of the Services. Bayside Dance will not be liable to you or a third party for any loss for a delay or failure to process, fulfil or deliver the Services due to inaccurate or incomplete personal details.
(e) You must be aged 18 years or over to subscribe to the Services. Where a Participant is under the age of 18, the Parent or Guardian of the Participant must complete the Enrolment Form and agree to these Terms and Conditions.
(f) Bayside Dance reserves the right to accept or reject any Participant from receiving the Services for any reason at any time.
(g) Bayside Dance will notify you if it rejects the Participant from receiving the Services. Bayside Dance may reject a Participant if Bayside Dance does not have the capacity to provide the Services for any reason or where the Participant is breaching any Policy. Bayside Dance will not be liable to you or a third party for any loss associated with the rejection of any Participant.
(a) All Prices are specified on the Website.
(b) All Prices are inclusive of GST.
(c) All Prices are in Australian dollars.
(d) Bayside Dance reserves the right to change Prices without notice to you. The Prices displayed at the time that you complete the Enrolment Form will continue to apply for that Term even if the Price changes after your Enrolment Form was submitted.
(a) If following completion of the first class as set out in clause 3 above, you wish for the Participant to continue to attend classes, you must pay to Bayside Dance the Price for the Services as specified on the Website at the time the Enrolment Form was submitted.
(b) Payment may be made by either direct deposit, credit card, cheque or cash in the first week of the Term (following receipt of an invoice from Bayside Dance), or via Ezidebit with automatic monthly credit card/bank account debit (whereby an invoice will be supplied after each payment has been processed).
(c) You acknowledge and agree that any payment of any Fees must be cleared by Bayside Dance before the Services will be supplied. If your payment cannot be processed, the Participant will not be permitted to receive the Services.
(d) In paying or attempting to pay for the Services, you agree that you have not engaged in any fraudulent conduct or contravened any law.
(e) Where you elect to pay via Ezidebit, payment will continue to be deducted automatically (and continue Term to Term) unless cancelled in writing by you to Bayside Dance prior to the expiry of the final Term the Participant will be attending.
(f) Any Fees which remain outstanding after week three of any Term will incur a $25.00 administration charge.
(g) If the Services are cancelled after the commencement of any Term, Fees for the remainder of the Term remain payable and any Fees already paid will not be refunded.
(h) Bayside Dance will not provide refunds, discounts or credits for any missed classes except at the sole discretion of Bayside Dance which may apply in exceptional circumstances such as significant injury or illness resulting in the Participant missing 3 or more classes and only where a medical certificate is provided.
6. Warranty and Warranty Claim
(a) If you (or the Participant) are a consumer as defined in the Australian Consumer Law, the Services come with guarantees that cannot be excluded under the Australian Consumer Law.
(b) To the extent permitted by law, where the Services supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Bayside Dance’s liability will be limited to:
(i) supplying the Services again; or
(iii) the payment of the costs of having the Services supplied again.
(c) Where any law implies into these Terms and Conditions any term, condition or warranty and that law avoids or prohibits provisions in any contract excluding or modifying the application or exercise of or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions.
(d) Nothing in these Terms and Conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
(e) Except as provided in this Clause 6:
(i) Bayside Dance does not provide any warranties or guarantees as to the accuracy, completeness or suitability of the Services for any particular purpose, nor does Bayside Dance provide any warranties or guarantees as to the results which may be achieved through the provision of the Services;
(ii) All terms, conditions, warranties, undertakings, inducements or representations whether expressed, implied, statutory or otherwise relating in any way to the Services supplied to you which are not expressly stated in these Terms and Conditions are expressly excluded; and
(iii) Bayside Dance will not be liable to you (or the Participant) for any breach of these Terms and Conditions and Bayside Dance will be under no liability to you in respect of any loss or damage (including any consequential loss or damage) howsoever caused which may be suffered or incurred or which may arise directly or indirectly in respect of the Services supplied to you (or the Participant).
7. Force Majeure
Bayside Dance will not be liable to you or the Participant for any loss, damage or expense caused by Bayside Dance’s failure to supply the Services as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of Bayside Dance’s normal suppliers to supply necessary materials or any other matter beyond Bayside Dance’s control.
All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, catalogues, brochures, flyers, photographs, and other intellectual property (“the Content”) on the Website or any other material of Bayside Dance is owned, controlled by, or licensed to Bayside Dance. You (or the Participant) must not use, copy, modify, reproduce or distribute the Website or the Content without Bayside Dance’s prior written consent. You (or the Participant) must not frame or embed in another website any of the material appearing on this Website without Bayside Dance’s prior written consent. You (or the Participant) may view and print the Content on your personal computer for the sole purpose of viewing the Content and purchasing the Services, but not for any other use, including any commercial use. You (or the Participant) must not use any of the marks or trademarks appearing on this Website or Bayside Dance’s name without Bayside Dance’s prior written consent.
(a) If any provision of these Terms and Conditions becomes void or unenforceable, it will be severed from this agreement without affecting the enforceability of the other provisions which will continue to have full force and effect.
(b) These Terms and Conditions are governed by the laws of Queensland, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
(c) Bayside Dance reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of submission of an Enrolment Form are those that govern the agreement between you and Bayside Dance.
(d) A failure or delay by Bayside Dance to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Bayside Dance does not preclude its future exercise or the exercise of any power or right.
You (and the Participant) hereby indemnify Bayside Dance against all claims, demands, remedies, suits, injury, damages, loss, costs, liabilities, actions, proceeding or right of action (including legal costs on an indemnity basis) arising from (but not limited to) the Participant’s use of the Services (including negligence) which results in loss, injury or damage (including death) to any property or person.
All indemnities survive termination of the Services.
11. Limitation on Liability
Bayside Dance will not be liable to you or the Participant or any other person for an indirect, incidental, special or consequential damages whatsoever that you or the Participant or any other person suffers or incurs, even if Bayside Dance has been advised of the possibility of such damages or if they are foreseeable. The maximum aggregate liability that Bayside Dance shall have to you or the Participant shall not exceed the fees paid by for the Services. Any limitations on liability will survive termination of the Services.
12. Assumption of Risk
You and the Participant acknowledge that all activities associated with the Services including, but not limited to, activities involving dancing, aerobic exercises, stretching exercises, running and other physical activities (even basic training) can place stress on the cardiovascular and muscular systems and include certain risks and dangers including, but not limited to, injuries, including paralysis, sprains, strains, musculoskeletal injuries, potential bone fractures, heart attack and stroke (“Potential Injuries and Illnesses”). You and the Participant voluntarily assume full responsibility of all risks involved in participating in the Services.
13. Potential Dangerous Recreational Activities
You and the Participant acknowledge that the activities associated with the Services include “obvious risks” of Potential Injuries and Illnesses, “inherent risks” of Potential Injuries and Illnesses and “dangerous recreational activities” (as those terms are defined by the Civil Liability Act 2003 (Qld) and Bayside Dance will not be liable for any harm (including personal injury, accident, illness or death) suffered by you or the Participant as a result of the materialisation of such risks.
You (or the Participant where applicable) use the Services at your (or the Participant’s where applicable) risk and to the extent permitted by law, release Bayside Dance from all claims arising out of any damage or injury to any property or person occurring as a result of the use of the Services.
15. Physician Approval
You confirm that you (or the Participant where applicable) have either been provided with a medical practitioner’s permission to participate in the Services or have elected to voluntary participate in the Services and all risks related to the Services without the approval of a physician(s). You confirm that you are not aware of any medical or physical condition that would prevent you (or the Participant where applicable) from participating in the Services. You acknowledge that Bayside Dance has relied on these statements as being accurate and complete, as a condition to entering into this Agreement. You acknowledge and agree that you (or the Participant where applicable) are not obligated to participate in any part of the Services that you (or the Participant where applicable) do not wish to participate in. You agree to inform Bayside Dance immediately if you (or the Participant where applicable) do not wish to participate in any specific part of the Services.
(a) Dance is a physical activity and the teacher or teaching assistant may have to assist your child's understanding of an action, posture or position by physical contact e.g. holding hands in a circle; lifting, correcting posture. You consent to staff of Bayside Dance having contact with your child (the Participant) in this regard.
(b) Where applicable, you consent to staff of Bayside Dance taking your child to the toilet during class if your child requires to use the toilet.
(c) Should the Participant hurts his/herself, you permit Bayside Dance to seek First Aid or medical attention if required and for staff of Bayside Dance to attend to the Participant as Bayside Dance deems appropriate whilst awaiting the parent/guardian or medical attention.
16. Name and Likeness Release
You agree that any photographs or videos of you (or the Participant where applicable) taken by Bayside Dance or provided to Bayside Dance before, during or after the provision of the Services may be used by Bayside Dance for promotional purposes.