DANCE COACHING AGREEMENT
TERMS AND CONDITIONS
Introduction
Welcome to Dance Coaching Australia.
In these terms, we also refer to Dance Coaching Australia as “ourâ€, “weâ€, or “usâ€.
And you are you!
These terms will apply between Dance Coaching Australia Pty Ltd ABN 29 662 763 868 (Dance Coaching Australia, “ourâ€, “we†or “usâ€) and the Client (“you†or “yourâ€) when you sign up for dance sessions with us (Services).
Before you purchase Dance Coaching Australia’s Services, be it for yourself or on behalf of your child, please read this agreement carefully. If you don’t agree with the terms here, please don’t purchase the Services.
By proceeding to engage with our Services, you agree to be bound by these terms.
Terms and Conditions
General
Dance Coaching Australia Pty Ltd ABN 29 662 763 868 (Dance Coaching Australia) provides dance coaching services (Dance Sessions). These terms and conditions (Terms) govern Dance Coaching Australia’s supply of the Dance Sessions to you.
If you are a parent or legal guardian entering into these Terms on behalf of a child who is under 18 years of age (Child):
you acknowledge that the safety of the Child at the premises is your responsibility before and after the Dance Sessions;
you indemnify and hold harmless Dance Coaching Australia for any claim attempted to be made by the Child on the basis of a claim that the Child is a third party to these Terms (and otherwise indemnify Dance Coaching Australia in accordance with these Terms); and
you consent to Dance Coaching Australia engaging with the Child for the purpose of providing the Dance Sessions as set out in these Terms.
For the avoidance of doubt, parents of children who participate in our Dance Sessions are referred to as the Client in these Terms. All participants in the Dance Sessions, including children and those over the age of 18 years of age are referred to as a dance participant in these Terms (Dance Participant).
Capitalised words and phrases used in these Terms have the meanings given to that word or phrase by the word immediately preceding any bolded and bracketed word(s) or phrase(s).
Agreement
By making a booking for a Dance Session through the website located at https://www.dancecoachingaustralia.com/ (Website) or otherwise making payment for a Dance Session to Dance Coaching Australia (Booking), the Client:
agrees to be bound by these Terms; and
warrants they are authorised to use the debit or credit card used to make a Booking.
Making a Booking or otherwise making payment for a Dance Session constitutes the Client’s intention and offer to enter into a binding legal agreement, where Dance Coaching Australia will provide the Client with the Dance Sessions they have purchased in exchange for payment of the Fees (defined in clause 6(a)). An agreement is not formed until the Client receives an email or other written notification from Dance Coaching Australia confirming the Client’s Booking.
Dance Coaching Australia may change these Terms at any time by updating this page of the Website, and the Client’s continued use of the Website following such an update will represent an agreement by the Client to be bound by the Terms as amended.

ACCOUNTS
To make a Booking for a Dance Session, you may submit your Booking with an account. You can sign-up, register and receive an account through the Website (an Account).
As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
Types of Dance Sessions
The types of Dance Sessions offered by Dance Coaching Australia, including fees, timetables, schedules, and details of inclusions are as set out on the Website from time to time or as communicated to the Client in writing. 

Dance sessions
Booking
Once you have made a Booking for a Dance Session or you have committed to a series of Dance Sessions in accordance with Dance Coaching Australia’s term timetable, you will receive an email from Dance Coaching Australia confirming the time(s), date(s) and location(s) of the Dance Sessions you have purchased.
It is your responsibility to ensure that you or the Child, whichever is applicable, attends the Dance Session at the specified time, date and location.

Pre-Training Questionnaire
Prior to participating in a Dance Session, you may be required to complete a questionnaire in person at the studio (Questionnaire). You warrant that any information you provide to us about the Dance Participant in a Questionnaire will be accurate, honest and up-to-date.
You acknowledge and agree that:
the program of a Dance Session is not developed for the specific requirements or needs of any individuals; and
Dance Coaching Australia will not modify or amend a Dance Session as a result of any information provided in the Questionnaire, including any pre-existing injuries, medical condition or illness that a Dance Participant may have.
General Requirements
(Clothing) All Dance Participants must wear suitable clothing to a Dance Session. Dance Coaching Australia reserves the right to cancel the Dance Participant’s Dance Session if Dance Coaching Australia determine their clothing or footwear are unsuitable, and you will not be entitled to a refund of the Dance Session.
The Dance Coaching Australia uniform is compulsory for students enrolled in term long (10 week) Dance Sessions. Our uniform is optional (but recommended) for 5 week Dance Sessions. Our uniform is optional for drop-in Dance Sessions.
(Behaviour) All Dance Participants must participate in a Dance Sessions in a polite, safe and respectful manner, and in accordance with any instructions provided by Dance Coaching Australia personnel and they must not be disruptive or inappropriate.
Medical
You are responsible for ensuring that the Dance Participant has all prescribed medications, such as for asthma or diabetes, which the Dance Participant may require from time to time, on their person at all times while participating in the Dance Session.
You acknowledge and agree that in the event that a Dance Participant suffers an accident or injury while participating in the Dance Session, first aid may be administered to the Dance Participant and emergency services may be called at your cost.
Health and Safety During Training Session
The Client warrants that the Dance Participant must:
comply with all safety guidelines, instructions and/or rules that Dance Coaching Australia provide to the Dance Participant in relation to participating in the Dance Session;
stop participating in any Dance Session and alert Dance Coaching Australia immediately if the Dance Participant has any concerns about their health or safety during the Dance Session or if they start feeling dizzy, faint, unwell or feel any unusual pain during the Dance Session;
use all equipment provided by Dance Coaching Australia in a Dance Session in accordance with Dance Coaching Australia’ safety guidelines and instructions;
not participate in a Dance Session under the influence of alcohol or illicit substances;
not participate in a Dance Session if ill, injured or otherwise feeling unwell; and
warm-up prior to participating in a Dance Session.
Photos and Videos of Dance Particpants
Dance Coaching Australia staff may photograph or record any part of a Dance Session, including taking group or individual photos or video footage featuring the Dance Participant (Media).
The Client acknowledges and agrees that:
Dance Coaching Australia may use the Media and the Dance Participant’s image/s for the purpose of marketing and promotional material, including using the Media on Dance Coaching Australia’ website, social media pages and other channels;
you assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media; and
you release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Media, which you or the Dance Participant may have against us.
If you wish to photograph or record a Dance Participant at our studios, you acknowledge and agree to:
only do so after a Dance Session has concluded and you have obtained the prior consent of a teacher or representative of Dance Coaching Australia;
only photograph or record your Child or yourself; and
provide accreditation to “Dance Coaching Australia†by watermark, reference, tagging or hashtag if you publish such images or videos.
Despite this clause 5.6(c), we reserve the right to require you to remove any images or videos that include our Services or remove any accreditation to us.
For the avoidance of doubt, we retain ownership of all materials (including images or videos) on or in our Website, social media platforms, podcasts or in any other medium published by us, and you are not permitted to reproduce or publish that material without our express written consent.
PAYMENT
You must pay the fees (Fees) for the specific Dance Session(s) that you have chosen in the amounts and at the times set out on our Website or as otherwise agreed with you in writing.
All Fees on our Website or as otherwise advised to you are:
in Australian Dollars; and
subject to change prior to you completing a Booking without notice.
(Payment obligations) Unless otherwise agreed in writing:
you must pay for all Dance Sessions prior to participation.
if Dance Coaching Australia issues an invoice to you, payment must be made by the time specified in such invoice; and
If you enrol in Auto-Pay and payment declines, this must be rectified immediately (within 48 hours). Your and/or your child’s position at Dance Coaching Australia is suspended until payment for services is received.
(GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Dance Coaching Australia, you must pay the GST.
(Card surcharges) Dance Coaching Australia reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Online payment partner) We use third-party payment providers (Payment Providers) to collect payments for the Services. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Dance Coaching Australia uses Dance Studio Pro’s Merchant Services (online bookings) and Square (in studio payments).
(Direct debit) Dance Coaching Australia may offer a direct debit payment option (auto-pay). If you choose to make payment through direct debit, you agree to:
enter into any direct debit agreement or arrangement as required by our Payment Provider;
authorise us to charge your bank account or credit card in advance in line with any direct debit authorisation form and/or direct debit agreement;
ensure that there are sufficient funds available in your account to allow our Payment Provider to debit the Fees payable;
acknowledge and agree that there may be additional payments required from the Payment Provider if you miss or fail to make any payment and these terms are separate and in addition to these terms;
accept all responsibility for all recurring charges prior to your termination of the Services.
Accordingly, you will need to contact us via emailing info@dancecoachingaustralia.com or as otherwise advised to terminate your authorisation or change your payment method.
(Pricing errors) In the event that we discover an error or inaccuracy in the price at which our Services are purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Services at the correct price, or cancelling your Booking. If you choose to cancel your Booking and payment has already been debited, the full amount will be credited back to your original method of payment.
Gift cards, vouchers and discount codes
GIFT CARDS
We may issue gift cards for our goods and services (Gift Cards).
Gift Cards are redeemable in person at Dance Coaching Australia.
Gift Cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged for cash, a discount, or anything else other than our goods and services.
VOUCHERS AND DISCOUNT CODES
We pay provide promotional materials and discount codes offering a discount on the Services (Discount Code). To use a Discount Code, you will need to enter the code provided to you at checkout on our Website.
A Discount Code cannot be applied retrospectively to a Booking. Discount Codes are non-transferrable and cannot be redeemed for cash or store credit.
If any additional terms or conditions apply to the Discount Code, these will be provided to you when you receive the Discount Code.

refunds, cancellations and rescheduling
refunds
You acknowledge and agree:
that the Fees (including any deposit) are non-refundable for change of mind; and
that no refund will be given (including for a deposit) where a Dance Session is unused or missed by a Dance Participant for any reason, including where a Dance Participant is sick or injured. Dance Sessions will be regarded as forfeited if they are missed by a Dance Participant.
For the avoidance of doubt, Dance Sessions which are private individual bookings and not part of a group session may be rescheduled in accordance with Dance Coaching Australia’s policies (Rescheduled Session). If you need to cancel and reschedule a private Dance Session, you acknowledge and agree that:
you must provide Dance Coaching Australia with a minimum of 48 hours’ notice prior to the scheduled Dance Session (Cancelled Session); and
in order to qualify for a Rescheduled Session, you will need to ensure that the Dance Session is rescheduled within a three-month period from the date of the Cancelled Session.
CANCELLATION BY DANCE COACHING AUSTRALIA
We reserve the right to reschedule your Dance Session at any time and for any reason, including as a result of any decision of a government authority in relation to COVID-19 or any threat of COVID-19 beyond our reasonable control. Dance Coaching Australia will notify you of this as soon as possible if we need to reschedule a booked Dance Session (Notification) and will offer you an alternative date and time (Alternative Session).
If the Alternative Session is not suitable, you will have the option to transfer the Fees paid for the Dance Session to another Dance Session (New Session) provided the New Session is within 3 months from Notification. If we propose an Alternative Session, and no New Session is booked in by you in the 3 months after the Notification, then no refund will be issued to you in respect of the Fees for that Dance Session.
Dance Coaching Australia reserves the right to cancel a Dance Session, provided that upon such cancellation Dance Coaching Australia will refund to you any Fees which you have paid for Dance Sessions that were not held, and for which no Alternative Sessions were proposed.
If Dance Coaching Australia cancels a Dance Session because of the Dance Participant’s conduct that Dance Coaching Australia considers to be inappropriate or disruptive (in breach of clause 5.3(b)) or the Child otherwise breaches any other provision of these Terms, Dance Coaching Australia will not refund any Fees.
RATINGS & REVIEWS
We may allow you to rate our Services (Rating) and/or provide feedback to us regarding our Services (Review), including by submitting a photo with the Review (Photo), on the Website or our social media platforms.
You agree:
to ensure that any Rating is a true and fair reflection of your opinion regarding a Service;
to provide true, fair and accurate information in your Review; and
that you will not submit a Photo that may be deemed rude, offensive, unlawful and otherwise inappropriate, and you acknowledge that you have obtained the consent of any party in a Photo to submit the Photo to us.
You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review (including any Photo) on the Website and any of our social media platforms.
We reserve the right to remove or delete any Rating or Review (including any Photo), in our sole discretion, that such Review is inappropriate.
INTELLECTUAL PROPERTY
The Client will not acquire Intellectual Property Rights in any Dance Coaching Australia IP under these Terms or as part of receiving a Dance Session.
For the purposes of this clause 10:
"Dance Coaching Australia IP" means the Material produced, owned or licenced by Dance Coaching Australia prior to or developed in the course of providing the Dance Sessions, either alone or in conjunction with the Client, Child or others, and any Intellectual Property Rights attaching to that Material.
"Intellectual Property Rights" means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the time of Booking, whether registered or unregistered.
"Material" means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

SECURITY
As part of Dance Coaching Australia’s efforts to ensure the safety of the premises from theft, unauthorised access or damage to the property at all times, the Client acknowledges that security cameras have been installed throughout our facilities; noting however that they will not be routinely used in areas where there is an expectation of privacy, such as restrooms. Accordingly, the Client agrees that Dance Coaching Australia has no obligation to retain footage for any period of time and does not accept responsibility for loss or damage which the Client may suffer as a result of failure to record or retrieve security footage.
Warranties
To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these Terms are excluded.
Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
LIABILITY
(Liability) To the maximum extent permitted by applicable law, Dance Coaching Australia limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Dance Coaching Australia to the total Fees paid by you to Dance Coaching Australia under the most recent Booking.
(Indemnity) You indemnify Dance Coaching Australia and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
breach of any of these terms; or
negligent, wilful, fraudulent or criminal act or omission.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Dance Coaching Australia be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any services provided by Dance Coaching Australia (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
dispute resolution
A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
Force Majeure
If Dance Coaching Australia becomes unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, Dance Coaching Australia must give to the Client prompt written notice of:
reasonable details of the Force Majeure Event; and
so far as is known, the probable extent to which Dance Coaching Australia will be unable to perform or be delayed in performing its obligation.
Subject to compliance with clause 15 the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
Dance Coaching Australia must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
For the purposes of these Terms, a ‘Force Majeure Event’ means any:
act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
strikes or other industrial action outside of the control of Dance Coaching Australia;
war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of Dance Coaching Australia, to the extent it affects Dance Coaching Australia’ ability to perform its obligations.
GENERAL
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Western Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(currency) a reference to $, or “dollarâ€, is to Australian currency;
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person†or “you†includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes†and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
NOTICESÂ
Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.Â
If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.Â
The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
