BOOKING TERMS AND CONDITIONS

By signing up to participate in our Classes, you agree to these Terms and Conditions and any other policies we publish or link to on our Website. These form an "Agreement" between you (“the Client”/ “you”/ “your”) and us, The Trustee for Motion Dance Company Trust [ABN 96410130936] (“we”/ “us”/ “our”). If you do not agree with any of these terms and conditions, please do not participate in our Classes. 
 

MEDICAL WARNING

Undertaking Dance Classes may have implications on your current Medical Conditions. We suggest that you consult with your medical practitioner prior to commencing Dance Classes and that you are mindful of your current health concerns and physical limitations.

If you have any Medical Conditions including pre-existing injuries which may impact your ability to perform the exercises in our Class, or if you are pregnant or ill you must notify your instructor prior to commencing the Class. Participating in any form of exercise at our Venue with a Medical Condition is done entirely at your own risk.

It is your sole responsibility not to overexert yourself. Exercise at your own pace and stop immediately if you feel pain or discomfort. You should not continue exercise if your physical condition changes at any time.  

By undertaking any exercise program including Classes and use of any equipment purchased from us, you acknowledge that you do so at your own risk and that we will not be liable for any Loss or Damage 

arising from or as a result of, or in connection with your undertaking of any such exercise program or following advice contained on our Website or given by us. 

Our Dance Classe instructors and staff are not medically trained and are not qualified to assess whether you are in the good physical condition and/or whether you can engage in exercise without any detriment to your health, safety, comfort, or Medical Conditions.

BOOKING AND FEES

Our Class fees and Class timetables are displayed on our Website. We reserve the right to change our fees and schedules from time to time, and these changes will be notified on our Website.    

There are a set number of spaces in each Class. To attend a Class, you must reserve a space by making the full payment. New clients can book a trial class on our Website.

PERSONAL INFORMATION

When you join our Dance Classes, you agree to provide us with your personal information including but not limited to your name, age, medical or health conditions related information and any other information as required (“information”). You represent and warrant that:

·       all information you provide is true, correct, current and up-to-date; and

·       you will respond promptly to any of our requests for further information.

Your personal information collected by us will be dealt with in accordance with our Privacy Policy, a copy of which can be viewed in full here.

PAYMENTS

Our Class Fees are payable within 14 days from receipt of the invoice. The invoice will be sent to you before the term starts.

Payment plans are available for 3 or more classes per week.

Late payments will incur a late payment fee of $20.

Except as required by the Australian Consumer Law, no refunds are provided. We do not provide refunds due to change of mind or missing classes due to other commitments, including school commitments, holidays, etc.

Refunds may be provided for serious injury or illness supported by a medical certificate.

If any payments are made late, interest will accrue on the late invoice at the rate of 8% per annum calculated monthly. Any debt recovery fees will be billed to you. You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant.

CLASS SCHEDULES AND OPENING HOURS

Class schedules are subject to change or cancellation without prior notice.  We are not liable in any way to provide you with a refund, credit, transfer, or compensation of any kind for Classes that are not held in accordance with the Class schedule.

We reserve the right to change our opening hours at any time, without prior notice to you.  We will use our reasonable endeavours to notify you of any permanent or temporary changes to our opening hours.

CANCELLATION POLICY

Class bookings can be cancelled by calling or emailing us.

All Dance Classes are paid termly. You must notify your cancellation to us 4 weeks prior to the commencement time of your Class to get a credit or a refund. Cancellations made with less than 4 weeks' notice will incur the full cost of the Classes booked and no makeup class will be available. Credits or refunds are only provided in cases of serious illness or injury, supported by a valid medical certificate.

HEALTH AND SAFETY

There are risks associated with attending our classes. We have minimised these risks by complying with government recommendations. You acknowledge and agree that by participating in our classes there is a risk of catching an infectious disease, including COVID-19 and participating is done at your sole risk. 

CONDUCT RULES AND YOUR OBLIGATIONS

You are required to treat all persons and property at the Venue with all due care and respect. We reserve the right to refuse entry to or remove you from our Venue for breaching our Conduct Rules including any anti-social, intoxicated, disorderly, aggressive, offensive, inappropriate, discriminatory or dangerous behaviour that may threaten the safety or security of our Clients, staff, any other persons, our Venue including infrastructure and equipment.

If you consider that someone is breaching the Conduct Rules, please notify our staff so that we can address the issue immediately.

• Please arrive 10 minutes prior to your scheduled Class in order to minimise disruption during the Class. We reserve the right to re-allocate your spot to someone on the waitlist if you do not arrive on time for your Class, and you will not be eligible for a refund.

• We strongly discourage you from departing the Class prior to the scheduled conclusion time as it is disruptive to the enjoyment of other participants.

• You are required to always wear appropriate attire for Dance Classes and must refrain from wearing any that contains offensive prints or designs.

• Please bring along a towel and water bottle.

• For the enjoyment of all participants please turn off your mobile phone before your Class unless you are required to due to personal reasons. e.g., you are a medical practitioner on call, in which case, please notify us.

PHYSICAL TOUCH

You acknowledge and agree that our instructors may use tactile cueing and adjustment methods or make physical contact with you for correction purposes in order to ensure that Dance Classes is undertaken in accordance with our best practice. If you do not wish to be touched, please notify us prior to any Classes.

SPECIAL CLASSES

You or your child are welcome to join our Dance Classes if they have ADHD or are on the lower spectrum of autism, provided they are physically able to participate. Suitability will depend on individual needs, and we will discuss this with you to determine if the class is a good fit. Where possible, we will offer adjustments or special classes to ensure an inclusive and supportive environment.

PERSONAL BELONGINGS

We do not assume any responsibility to safeguard your personal belongings that you bring into our Venue.

 As such, we strongly recommend that you:

• refrain from bringing any valuable personal belongings into our Venue, such as mobile phones, jewellery, personal devices, wallets, handbags, and purses;

• only bring personal belongings into our Venue that are absolutely necessary for you to possess for the duration of your visit; and

• store any personal belongings in the storage facilities provided for use for the duration of your visit.

AUSTRALIAN CONSUMER LAW

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and

• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your attendance at our Venue or Classes including, but not limited to, any theft, unauthorised access, or third-party interference.

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

• the supply of equivalent services e.g., another opportunity to book a Class; or

• the refund of the payment made for the Class.

In any case, our liability to you will not exceed the amount actually paid by you to us for the Class.

You acknowledge, agree, and undertake to indemnify us and keep us at all times fully indemnified from and against any claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in participating in our Classes, and any third-party claims.

TERMINATION AND REFUNDS

We may, at our sole discretion and without prejudice to any of our rights, immediately terminate this Agreement where you breach any term or condition of this Agreement. If you are in breach of this Agreement, you will not be entitled to any refunds including any refunds of any Class Packs, and any outstanding Fees become immediately due and payable.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

IF THERE IS A DISPUTE 

You acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved by mutual agreement, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

GOVERNING LAW AND OTHER MATTERS

This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire Agreement between you and us and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our Website, these Terms and Conditions will prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement will survive termination of this Agreement.

DEFINITIONS

“Agreement” means these Terms and Conditions, our Website Terms of Use, Privacy Policy, and any other policies we publish or link to on our Website.

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). 
“Claims” mean any claim, under the statute, tort, contract or negligence, any demand, award, or costs.
“Classes” mean the Dance Classes conducted at our Venue.
“Fees” mean payment due from you for the Classes provided by us. 
"Force Majeure Event" means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.

“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of enjoyment, loss of opportunity, loss of reputation or goodwill, loss or corruption of information or data, personal injury, death, property damage and legal costs.

“Medical Condition” means any type of illness, disease, injury, condition, disability, disorder, physical deformity, or mental illness.

“Venue.” means the physical location(s) where the Classes are held including Geelong Arts Centre 81 Ryrie Street, Platform Arts Geelong at 60 Little Malop Street, Geelong, Ballroom Baby Geelong at 1/169 Ryrie Street, Geelong.

“We, us, or our” means The Trustee for the Motion Dance Company Trust [ABN 96410130936] and includes any of our directors, officers, employees, agents, partners, and contractors.

“Website and Services” means www.motiondancecompany.com and everything available on this Website including, but not limited to, products and services.