Evolve Performing Arts Terms and Conditions
By enrolling as a student at Evolve Performing Arts, You are hereby agreeing to the following terms and conditions:
1. Definitions
Evolve Performing Arts or Evolve (or Us) mean Backstage Dance Academy Pty Ltd (ACN 606 977 673).
Fees means the fees for the provisions of Services as set in the Class Fee Schedule, 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 Backstage.
Policies and Procedures means the policies and procedures that apply to the Services, available at [http://www.evolvemelbourne.com], as updated from time to time, which form part of this Agreement.
Privacy Policy means the Evolve Privacy Policy, available at [http://www.evolvemelbourne.com], as updated from time to time, which forms part of this Agreement.
Premises means the dance studio situated at 10/25-35 Cranbourne Road, Narre Warren, Victoria, 3805 or 2/4 Frederick St, Sunbury, 3429 (or such other premises of Evolve from time to time).
Registration Form means the online registration form which a person completes to register their interest in enrolling as a Student at Evolve.
Services (or classes) means pre-school, recreational, adult, evolution and/or evolution dance, singing, acting, cheerleading, musical theatre or acrobatics classes, performances, and/or competitions.
Student (or You) means the individual named on the Registration Form and includes the parent/guardian (where applicable).
Website means the Evolve website located at www.evolvemelbourne.com or any other internet site notified by Evolve from time to time.
2. Conditions of enrolment
2.1. The Student 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 must complete the Registration Form and agree to pay the Fees as set out by Evolve.
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 Backstage if they are ill or injured. Evolve 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 sufficient medical information to Evolve to satisfy Us that the Student is medically fit to participate in the classes. Evolve is not able to provide advice concerning medical fitness to attend or participate in the classes and that it the Student’s responsibility to seek medical advice in this regard.
2.5. The Student must complete a Video and Photograph Consent Waiver upon enrolment.
2.6. Evolve, at is 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 enrolment period is one term. For new students joining after the start of a term, Fees will be charged pro-rata.
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.Evolve reserves the right to cancel or change classes at any time.
2.10 Students are permitted to attend one make up class per term, due to illness. Notification of this absence must be received prior to the class day/time. The day and time of the make up class will be determined by BDA.
3. Fees
3.1. In consideration of Evolve providing the Services, the Student must pay the Fees as set in the 2023 Welcome Pack or Information Pack.
3.2. All prices are quoted in Australian dollars and include Goods and Services Tax unless otherwise specified.
3.3. Class fees are invoiced by the term. The full term invoice must be paid, regardless of the number of classes the Student wishes to attend (or actually attends).
3.4. Fee information will be communicated in a timely manner via the email address provided.
3.5. Class fees will be direct debited on the Thursday prior to the term start date. After this period, places of unpaid Students may be opened to Students on the waiting list for classes.
3.6. Class fees may be paid weekly by applying and seeking approval from Evolve prior to the last Thursday prior to the Term start date.
3.7. Where the Student withdraws from Evolve or classes during a term, the invoiced amount must still be paid for and no refunds will be issued.
3.8. Class fees can be paid by direct debit only.
3.9. Registration fees can be paid by credit/debit card only.
3.10. If the Student fails to pay the Fees to Evolve by the due date, without limiting any other remedies available to it at law, Evolve may, at its sole discretion, suspend or terminate the Services until all outstanding Fees are paid in full (including interest).
3.11. Notwithstanding any other provision of this Agreement, where the Student is a new Student s/he may attend a free trial class before enrolling at Evolve, provided the new student completes a Registration Form.
3.12. A late fee of $5.00 will be applied to failed transactions.
3.13. Two failed payments will result in cancellation of enrolment.
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 Evolve for whatever reason, the Student will not be entitled to a refund of the Fees. This ensures Backstage can maintain a stable learning environment for all Students with minimum class disruptions. Teachers are also hired based on full term periods.
4.2. Notwithstanding any other provision of this Agreement, Evolve may, at its absolute discretion, provide the Student who has missed a class or has withdrawn from Evolve due to illness or injury, with a booking credit or full refund of the relevant Fee, provided the Student can provide Evolve 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
(e) Show tickets
(f). Event tickets
5. Expectation
5.1. The Students is expected to attend all scheduled classes and rehearsals throughout the year. Evolve must be notified if a student will be absent from class.
5.2. Evolve 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, Evolve 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 Evolution level Student s/he is expected to be available for all scheduled performances throughout the year. Absence from a scheduled event will 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 Evolve.
5.6. If a class is cancelled by Evolve for whatever reason (excluding a Force Majeure Event) Evolve will offer affected Students a refund or credit.
6. Intellectual property
6.1. You acknowledge that Evolve 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, Evolve at, or in relation to, a Evolve class or event, and You are not entitled to any remuneration, royalties or any other payments from Evolve in respect of the use by Backstage 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, Evolve.
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 Evolve.
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, Evolve 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.Evolve 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 Evolve’s property including without limitation the Premises, equipment, costumes, uniforms, props or other property (Evolve Property). In such an event, without limiting any other remedies available to it at law, Evolve reserves the right to charge the Student the full cost of either (at its discretion) repairing or replacing the Evolve Property.
9. Release and Indemnity
9.1. Although Evolve 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, Evolve 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 Evolve; 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 Evolve 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 Evolve’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 Evolve 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, Backstage’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. Evolve 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 Evolveand the Student
(whether written or verbal) and all prior statements or promises made by Backstage 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 understand these Terms and Conditions, and agree to be bound by them.
