By creating your personal portal, you agree to the waivers, terms and conditions outlined by Hunger For Dance.
You can find a copy in your portal in 'More' and 'Waivers' or at the studio.
I agree that I am over 18 years old and responsible for this portal and maintaining I stay up to date and that my/my students details are correct and up to date.
Terms and Conditions of Trade
(ABN 45 968 056 677) TRADING AS HUNGER FOR DANCE
1.1 Application of these Terms and Conditions
These Terms and Conditions are incorporated into any contract between Hunger for Dance and the Customer for the supply of goods and/or services by Hunger for Dance to the Customer.
In these Terms and Conditions, unless the context otherwise requires:
“Australian Privacy Principles” means the principals set out in the Privacy Act 1988 (Cth);
“Business Day” means a day on which banks are open for general banking business in the State of Victoria;
“Customer” means the person identified as the ‘Dancer’ in the attached Enrolment Form and/or in the event that person is under the age of 18 years, includes the Parent/Guardian listed in the Enrolment Form as the Primary Contact;
“Dancer” means a student enrolled in a Hunger for Dance class;
“Enrolment Form” means the online form attached to these Terms and Conditions;
“Goods” means all present and after acquired goods supplied to the Customer by Hunger for Dance
“Hunger for Dance” means Peta-Louise Hungerford ABN 45 968 056 677 trading as Hunger for Dance;
“GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
"Intellectual Property" includes but is not limited to trade marks, patents, copyrights, processes, know-how, registered designs, choreography, dances, costume designs, logos, business names, stage designs and visual concepts;
“Interest Rate” means a rate 2% higher than the rate set by the Penalty Interest Rates Act 1983 from time to time;
“Personal Information” means information or an opinion about an identified individual, or about an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not;
“Program” means the program timetable of a dance classes offered by Hunger for Dance available on the Hunger for Dance website and any schedule of fees provided by Hunger for Dance.
“Services” means any service provided by Hunger for Dance to the Customer, including the dance classes;
“Term” has the meaning in clause X
In these Terms and Conditions, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) a reference to a clause is a reference to a clause of these Terms and Conditions;
(c) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(e) a reference to a period of time (including, without limitation, a year, a quarter, a month and a day) is to a calendar period.
In these Terms and Conditions, headings are for convenient reference only and do not affect interpretation.
2. ENROLLMENT AND DANCE PROGRAMS
Hunger for Dance offers a range of dance classes and programs as set out in the Program.
Hunger for Dance may change the Program by varying the class time upon reasonable notice to the Customer at any time throughout the year. Upon notice to the Customer, the Customer may at any time within fourteen (14) days of the date on which the Customer was notified of the variation to the Program, immediately terminate their enrolment with Hunger for Dance, but only in so far as it relates to the classes that were varied. In the event that the Customer has not terminated the enrolment with Hunger for Dance, within 14 days of being notified of a change, the Customer will be taken to have accepted the amended timetable.
(a) Enrolments are based on calendar year cycles.
(b) Upon enrolment, the Customer must complete an Online Enrolment Form and submit it to Hunger for Dance. The Customer will not be permitted to participate in any dance classes conducted by Hunger for Dance until a complete Online Enrolment Form and payment is received by Hunger for Dance;
(c) These Terms and Conditions will commence upon:
• The Customer completing and returning to Hunger for Dance an enrolment form in the manner and form provided by Hunger for Dance; and
• The Customer paying either:
o a registration fee; or
o the first months’ Program Fees,
and will continue for the remainder of the calendar year to which the enrolment relates unless terminated in accordance with this Agreement.
2.3 Public Holidays
The Program will NOT run on any Victorian Public Holidays unless otherwise advised to the Customer by Hunger for Dance.
2.4 Yearly Showcase
Hunger for Dance will co-ordinates a yearly showcase performance. Participation in the yearly showcase is conditional upon:
(a) The Dancer having been enrolled in the Program for a minimum of four (4) consecutive months during the relevant calendar year; and
(b) the Customer paying additional fees for costume hire, but only where the Dancer has not been enrolled in the Program from the commencement of the then current calendar year.
2.5 Cancellation of Enrolment
(a) The Customer may, by at least one month’s notice, being given on the first of the month, in writing to Hunger for Dance, cancel the enrolment for any reason. For the avoidance of doubt, if the Customer cancels their enrolment on, for example, 1 March, their enrolment will cease from 1 April.
(b) In the event that a notice is given on a date other than the first day of a calendar month, that notice will be taken to have been given on the first of the following month for the purposes of this clause 2.5. For example, if notice is given on 3 March, it will be taken to have been given on 1 April and enrolment will cease on 1 May.
(c) Exception to 2.5 (a). Customers who have students performing in the yearly showcase performances cannot withdraw the month of December. To cancel enrolment for the month of December, customers must submit their withdrawal by October 1st therefor seeing out the month of November and not participating in the end of year showcase.
3. CHARGES AND PAYMENT TERMS
3.1 Program Fees
All Program Fees are set out in the Program and are payable by eleven (11) equal calendar monthly instalments in advance on the fifteenth day of each month, commencing on 15 February each year, in the exception of the November/December Payment
3.1a The final installment will be charged on the first day of December (December 1st) to assist families in planning costs for the end of the year.
3.2 Additional Charges
An annual enrollment fee is payable in addition to Program Fees.
In addition to the Program Fees, the Customer may purchase apparel such as tights, uniforms and dance shoes from Hunger for Dance as available.
3.3 Method of Payment
(a) The Customer must pay all Program Fees in Australian Dollars through AutoPay via Dance Studio Pro website or APP as directed by Hunger for Dance -
(b) The Customer acknowledges that AutoPay is a third party secure payment provider with its own terms and conditions of use which Hunger for Dance has no control over.
3.4 Interest on Overdue Fees
(a) Hunger for Dance may charge interest at the Interest Rate on amounts overdue until such time as payment is made in full.
(b) In addition to Interest charged under clause 3.4(a), the Customer must:
• reimburse Hunger for Dance for any banking or third-party service fees, costs and charges, including those imposed by AutoPay which Hunger for Dance incurs as a result of the Customer failing to make payment of the Program Fees in accordance with this clause 3; and
• reimburse Hunger for Dance $15.00 for each dishonored payment, such amount being on account of the administration costs involved in re-processing the dishonored payment.
3.5 Withheld from Classes
In the event that Program Fees are not paid in accordance with these Terms and Conditions, Hunger for Dance may withhold a Dancer from attending classes until all payments and fees are up to date. Program Fees will continue to be charged during any period within which the Dancer is withheld from classes pursuant to this clause.
3.6 Missed Classes
In the event that a Dancer misses a class for any reason (other than at the fault of Hunger for Dance), Program Fees will still apply.
3.7 Government restrictions
In the event that we are unable to conduct classes on site, classes will be moved online. There will be no reimbursement for online classes, these will be counted as standard classes and missing classes will fall under section 3.6.
4. CONDUCT AND BEHAVIOUR
The Customer will be in breach of this Agreement and Hunger for Dance may immediately terminate this Agreement and remove the Customer/Dancer from the Program and any classes or associated events or functions and their enrolment will be terminated if:
(a) in Hunger for Dance’s reasonable opinion, the Customer/Dancer demonstrates violent, disorderly or aggressive behavior (including bullying of any kind towards another dancer) at any time whilst participating in the Program, including any associated events, functions and classes; or
(b) The Customer/Dancer fails to follow the reasonable direction of Hunger for Dance, including any of its staff, agents and/or contractors, during the Program classes, any associated events scheduled by Hunger for Dance or whilst on the Premises; or
(c) The Customer/Dancer engages in any activity or behavior which puts another dancer, customer, staff member, employee, agent or contractor of Hunger for Dance at risk of injury or harm.
5. INTELLECTUAL PROPERTY
5.1 Ownership of Intellectual Property
The Customer acknowledges that the ownership, title and rights associated with all Intellectual Property in any material prepared by Hunger for Dance (including in its performance of the Services) shall at all times belong to, vest in and remain vested in Hunger for Dance.
5.2. Unauthorised Use
The Customer must not:
(a) use, sell, lease, loan, distribute (including uploading to social media or the Internet), or in any manner commercially exploit any of Hunger for Dance's Intellectual Property without the prior written consent of Hunger for Dance;
(b) infringe Hunger for Dance’s Intellectual Property rights and not cause or permit anything which may be damage or endanger such rights and not assist or allow others to do so;
5.3 Use of Images on Website
The Customer acknowledges that Hunger for Dance may take photos and video footage of the Dancer’s during classes for promotional use, including uploading to social media and the Internet. By signing these Terms and Conditions the Customer acknowledges their consent to same.
In the event that the Customer has any concerns regarding any video footage or images of their child used by Hunger for Dance, the Customer should contact Hunger For Dance on 0400 707 011 to be passed on for the immediate attention of Peta.
5.4 Continuing Obligations
The parties' obligations pursuant to this clause continue after the expiration or termination of this Agreement and/or the Customer/Dancer’s enrolment in the Program.
6. MEDICAL INFORMATION & SAFETY PROCEDURES
6.1 Medical Information
(a) The Customer must ensure that it discloses to Hunger for Dance with any and all medical information with respect of that Customer and/or the relevant Dancer which might reasonably be expected to affect the Customer or the relevant Dancer’s participation in the Program.
6.2 Watching Classes
In the interests of the safety and concentration of all Customer’s and Dancers, Hunger for Dance will not allow the parents of any Dancer’s or other children not enrolled in a class to watch that particular class. The Customer must ensure that it complies with any reasonable direction of Hunger for Dance in respect of this clause.
6.3 Safety of Young People
(a) Hunger for Dance will ensure that all its agents, staff members, employees and contractors undergo a National Police Check prior to commencing any classes with Hunger for Dance and have a valid and current working with children check at all times whilst associated with Hunger for Dance;
(b) To assist Hunger for Dance in creating a safe environment for children, the Customer must ensure that all contact and enquires, other than during attendance at a class, is though Hunger for Dance’s reception, details of which are as follows:
Telephone: 0400 707 011
Dancer’s should not contact their dance class teacher outside of class times via social media, email, telephone or any other means of communication other than through the above telephone and email or via official Hunger For Dance accounts on social media.
(a) On Enrolment, the Customer must provide Hunger for Dance with an emergency contact phone number and must ensure that they advise Hunger for Dance of any updates to the emergency contact phone number;
(b) The Customer must ensure that their Dancer has ambulance membership/cover at all times whilst enrolled in the Program;
(c) In the event of an emergency Hunger for Dance will contact the Customer through the telephone number provided to Hunger for Dance in accordance with this clause 6.4 as soon as possible. The Customer acknowledges that it may not always be possible for Hunger for Dance to contact the Customer prior to contacting emergency services, such as Police, Ambulance or Fire Brigade.
(d) Hunger for Dance will ensure that a First Aid Kit is on site at all times whilst classes are running.
(e) In the event of an emergency, the Customer and the Dancer must promptly comply with all reasonable directions of Hunger for Dance with respect to any emergency or evacuation proceedings.
6.5 Pickup and Drop Off
The Customer must:
(a) Accompany any Dancer ten (10) years or under upon arrival and must accompany any Dancer ten (10) years or under upon collection from each class.
(b) Pick up their child (Dancer) within 15 minutes of the end of a class and must advise Hunger for Dance as soon as possible in the event that they are running late to collect the Dancer after a class; and
(c) Advise Hunger for Dance in the event that another person is to be responsible for the collection of their child (Dancer).
8. LIMIT OF LIABILITY
(a) The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the customer in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).
(b) Hunger for Dance disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of Hunger for Dance for a breach of a Non-excludable Right is limited, at Hunger for Dance’s option, to the supplying of the Goods and/or Services again or payment of the cost of having the Goods and/or Services supplied again.
(c) The maximum liability of Hunger for Dance for any and all breaches of this Agreement by Hunger for Dance will be capped at the amount of the amounts previously paid by the Customer to Hunger for Dance under this Agreement.
(d) The Customer acknowledges that the Customer does not rely, and that it is unreasonable for the Customer to rely, on the skill and judgment of Hunger for Dance as to whether the Goods and/or Services supplied are reasonably fit for any purpose for which they are being acquired, and that the sale is not a sale of Goods and/or Services by description or sample.
(e) To the maximum extent permitted by law, Hunger for Dance excludes its liability (including, but not limited to, liability in tort, contract and for breach of statute) to the Customer or any other person for any injury, loss or damage consequential or otherwise (whether contractual, tortious, statutory or otherwise) for any special, incidental, indirect or consequential damages sustained or incurred in connection with the provision of the Goods and/or Services whether as a result of any breach, default, negligence or otherwise by Hunger for Dance suffered or incurred by the Customer or any other person in relation to the Goods and/or Services.
(f) Hunger for Dance will have no obligation to provide the Customer with replacement dance classes in the event that the Customer misses any class at the fault of the Customer.
9 GOODS AND SERVICES TAX
9.1 All amounts are GST inclusive amounts
Unless otherwise stated, all amounts expressed or described in these Terms and Conditions and/or the Program are GST inclusive amounts.
9.2 Out of pocket expenses are GST inclusive
All out of pocket expenses referred to in these Terms and Conditions and/or the Program are GST inclusive out of pocket expenses.
10. BREACH AND CONSEQUENCES OF BREACH
If the Customer defaults in payment of any Program Fees or any other costs fees and or charges payable under these Terms and Conditions when due, the Customer shall indemnify Hunger for Dance from and against all costs and disbursements incurred by Hunger for Dance in pursuing the debt including legal costs on a solicitor and own client basis and Hunger for Dance’s collection agency costs.
10.2 Suspension and Termination of Enrolment
(a) Without prejudice to any other remedies Hunger for Dance suspend or terminate all or any part of any enrolment of the Customer, effective immediately in the event that the Customer is in breach of any obligation (including those relating to payment) under these Terms and Conditions.
(b) If Hunger for Dance suspends or terminates all or any part of a Customer's enrolment pursuant to clause 10.2:
i. all amounts owing by the Customer to Hunger for Dance shall, whether or not due for payment, become immediately payable; and
ii. Hunger for Dance will not be liable to the Customer for any loss or damage the Customer suffers because Hunger for Dance has exercised its rights under that clause.
11. DISPUTE RESOLUTION
If a dispute arises in any way out of this Agreement, or its breach, termination or validity or the Goods the subject of this Agreement, the parties agree to endeavour to settle the dispute by mediation before having recourse to litigation, other than for disputes involving the payment for Goods and/or Services by the Customer. Any costs incurred in relation to the mediation of a dispute are to be shared equally between the parties. Nothing in this Agreement prevents either party from seeking urgent interlocutory intervention.
12. GENERAL MATTERS
The Customer must observe all parking regulations of the roads and areas surrounding the Premises when attending Hunger for Dance.
12.2 No Waiver
A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
12.4 Force Majeure
Hunger for Dance will not be liable in damages for failure to provide the Services which is caused, whether wholly or partially, by an event beyond its reasonable control including (but not limited to) Act of God, force majeure, war, fire, explosion, acts of terrorism, rioting, burglary, theft, civil disturbances, restrictions by governments (local, municipal, State or Federal) or other competent authority, general economic trends, strikes, industrial action or lockouts (whether at Hunger for Dance’s premises or not), accidents either at Hunger for Dance’s premises or when in transit to or from those premises, failure by subcontractors and the late arrival of inventory or other material.
WAIVER AND RELEASE
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organisation. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Hunger For Dance has put in place preventative measures with the aim to prevent and reduce the spread of COVID-19; however, the studio cannot guarantee that your safety from COVID-19 within the studio premises. As such, the studio will require an undertaking of risk and waiver of liability from all customers before we can allow them on the premises.
13.1 I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the studio and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
13.2 I understand that the risk of exposure extends to anyone with whom I have regular close physical contact, including members of my household (partners, children, parents and others).
13.3 I understand that the risk of becoming exposed to or infected by COVID-19 at the studio may result from the actions and omissions of myself and others, including, but not limited to, studio employees, contracted teachers, volunteers, and program participants and their families.
13.4 I HEREBY WAIVE AND RELEASE indemnify, hold harmless and forever discharge, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct arising out of exposure to COVID-19.
13.5 I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the studio, it's employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any program.
13.6 This WAIVER AND RELEASE contain the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE, The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part only upon the prior written consent of all parties.
13.7 The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of , whether by agreement, by operation of law, or otherwise.
I the Customer, being the undersigned, hereby acknowledge that I have read and understood these Terms and Conditions and accept that I will be bound by these Terms and Conditions.
When the Customer enrols in Hunger for Dance, Hunger for Dance we will collect Information from the Customer, including Personal Information, to establish and manage the Customer’s enrolment with Hunger for Dance and for related purposes. Without this information Hunger for Dance may be limited in the service that they can provide the Customer.
7.1 Compliance with Australian Privacy Principles
Hunger for Dance will comply with the Australian Privacy Principles, as well as other applicable laws protecting privacy. All Personal Information that we handle is managed in accordance with those laws.
7.3 Personal Information collected by Hunger for Dance
When the Customer enrols in Hunger for Dance classes, Hunger for Dance may ask the Customer for a variety of Personal Information including the Customer’s name, date of birth, gender, email address, phone number, any relevant medical information, including information relating to injuries and allergies and credit card information. Hunger for Dance may ask the Customer about or collect further Personal Information about the Customer on a case by case basis including as required or permitted by law.
7.4 How Personal Information is Collected
Hunger for Dance will generally collect information directly from the individuals to whom it relates, but may also collect information about an individual from a third party such as a School, contracting company or providers of third party services related to the Customer’s enrolment with Hunger for Dance. Hunger for Dance may collect Personal Information:
• via our website;
• directly from the Customer, when the Customer provides it to Hunger for Dance (including agents or contractors of Hunger for Dance);
• from publicly available resources;
• from third parties (where appropriate) including from schools and suppliers, such as uniform suppliers
7.5 Use of Personal Information
The Personal Information Hunger for Dance collects, holds, uses and discloses is primarily gathered for:
• providing the Customer with products and/or services;
• establishing the Customer’s AutoPay account;
• sharing with the Customer any updates, including any Program updates and news;
• improving the services provided to the Customer by Hunger for Dance, including addressing any issues or problems the Customer may have with Services.
• answering any of the Customer’s queries or otherwise contacting the Customer regarding the Personal Information the Customer has provided; and
• any other purpose disclosed to the Customer at the time the Customer’s Personal Information is collected
Hunger for Dance will generally only use the Customer’s Personal Information for the purposes for which it was collected, as outlined above. However, where appropriate, Hunger for Dance may handle Personal Information relying on exemptions that are available under the Privacy Act and other applicable laws.
7.6 Disclosure of Personal Information
• to our related bodies corporate (as appropriate);
• to our suppliers, service providers, professional advisers and agents including the following service providers:
o IT development;
o Maintenance providers;
o professional advisors such as lawyers, accountants and auditors;
o data storage providers;
o POS operators; and
• to government agencies or regulatory bodies where required;
• in the event of a reorganisation, merger or sale of our business (or any part thereof), we may transfer any and all Personal Information we collect to a relevant third party for the purpose of the arrangement;
• where necessary to protect the rights or safety of any of its students, employees or a third party;
• where an individual to whom the Personal Information relates has consented to the disclosure; or
• where we are allowed or required to by law or have a public duty to do so, including compelled by a court or law enforcement.
Subject to the exceptions set out in this clause 7.6, we will not exchange your information with any third party for any other purpose. We will not disclose your Personal Information overseas.
7.7 AutoPay and Links to other Sites
Hunger for Dance website may contain links to other websites. Hunger for Dance does not make any representations about any third-party websites that may accessible through the Hunger for Dance website. We also not make any representations about AutoPay’s privacy practices. The privacy policies applicable to such other websites and third parties, including AutoPay, may differ substantially from this clause 7 and, so the Customer must ensure that they read the relevant terms and conditions and policies prior to use.
7.8 Storage and Security
Hunger for Dance will use all reasonable endeavours to ensure that the Customer’s Personal Information collected by Hunger for Dance will be protected against loss, theft and misuse, as well as against unauthorised access, modification or disclosure of the Personal Information under Hunger for Dance’s control. Hunger for Dance will destroy or de-identify any Personal Information that Hunger for Dance no longer requires. However, the internet is not a secure environment and although care is taken, Hunger for Dance cannot guarantee the security of information provided to it via electronic means.
7.9 Access and Correction
The Customer can access the Customer’s Personal Information collected by Hunger for Dance upon request. It is the Customer’s responsibility to ensure that they advise Hunger for Dance of any updates to the Customer’s Personal Information to ensure that Hunger for Dance can maintain correct and updated Personal Information.
7.10 Complaints Handling
If the Customer wishes to make a complaint about the way Hunger for Dance has handled their Personal Information (including if the Customer believes Hunger for Dance has breached the Privacy Act) the Customer may do so by contacting Hunger for Dance at email@example.com. If the complainant considers that Hunger for Dance have failed to resolve the complaint satisfactorily, the complainant can complain to the Office of the Australian Information Commissioner (they can be contacted via email at: firstname.lastname@example.org.
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