DANCE SCULPT: PARTICIPATION AGREEMENT

Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do not agree to it unless you are satisfied you understand it.

For and in consideration of Dance Sculpt Pty Ltd (Dance Sculpt) granting me permission to attend and participate in a Dance Sculpt class, course or workshop whether online or at a Dance Sculpt studio (in each case, a Class) and as a condition of entry, I AGREE to the following terms and conditions:

Risk Warning, Acceptance of Risks, Release and Indemnity

1.     I am aware that participating in exercise contains elements of risk, both obvious and inherent, and that by participating in a Class I will be exposed to such risks. The risks involved may result in property damage and/or personal injury including disease and death.

2.     I fully appreciate the nature and extent of all risks involved and by participating in a Class I freely, voluntarily and absolutely ACCEPT ALL RISKS howsoever arising out of or in relation to my participation in the Class, whether caused by the negligence of Dance Sculpt and the Associated Entities, or otherwise.

3.     By entering a Class I vouch that I have no known medical conditions which would preclude me from participating. I will immediately notify Dance Sculpt in writing of any change to my fitness and ability to participate.

4.     To the full extent permitted by law, I agree to WAIVE all and any claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more Dance Sculpt and the Associated Entities for or arising out of Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Dance Sculpt and the Associated Entities, or otherwise.

5.      To the full extent permitted by law, I agree to RELEASE AND DISCHARGE Dance Sculpt and the Associated Entities from all liability to me, my personal representatives, heirs and next of kin, for Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Dance Sculpt and the Associated Entities, or otherwise.

6.     To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS Dance Sculpt and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for Death, Illness or Injury arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Dance Sculpt and the Associated Entities, or otherwise.

7.     I agree that the liability of Dance Sculpt in relation to any recreational service (as defined in section 139A of the Competition and Consumer Act 2010 (Cth))  for any:

a.     death;

b.     physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or

c.     contraction, aggravation or acceleration of a disease; or

d.     coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

                                               i.     that is or may be harmful or disadvantageous to the individual or community; or

                                             ii.     that may result in harm or disadvantage to the individual or community,

that I may suffer (or a person on whose behalf I acquire the services may suffer) is EXCLUDED.

Medical Information and Treatment

8.     I understand that I should not participate in a Class unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition. I agree that I remain responsible for my own health care.

9.     I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.

10.  I agree that in the event that I become ill or injured in the course of my attendance at or participation in a Class, I will consent to receive any medical treatment, including without limitation physical examination, first aid, defibrillation and ambulance transportation that Dance Sculpt or Associated Entities think desirable.

Personal Information and Publicity

11.  I agree that Dance Sculpt and Associated Entities may collect, store and use my Personal Information in accordance with the Dance Sculpt’s privacy policy.

Safety and Insurance

12.  I acknowledge and agree that any safety precautions undertaken by Dance Sculpt and Associated Entities are a service to me and not a guarantee of my safety.

13.  I acknowledge and agree that any insurance cover affected for participants in a Class may not cover me for any or all death, injury, loss or damage sustained by me.

Pricing

14.  I acknowledge that Dance Sculpt may, in its absolute discretion, amend the prices for goods and services. Unless otherwise specified, all prices for goods and services are inclusive of GST.

Class Packs and Payment

15.  I understand that Studio Class Packs may be purchased as follows:

16.  10 Class Pass’

10 Class Pass must be paid in full prior to attendance of first class.  Pass expires 3 months after date of purchase and allows pass holder to book in to attend 10 classes.

1.     ‘New to Studio Pass’

17. 

New to Studio Pass must be paid in full prior to attendance of first class.  Pass is only available for purchase to NEW customers.  Pass is valid for 7 days from date of first class booked and allows pass holder to book in to attend 2 classes. 

18.  ‘SINGLE VISIT WEEKLY ACCESS/PART TIME WEEKLY ACCESS’

 Single Visit Weekly Access and Part Time Weekly Access passes will have the first weekly payment debited upon purchase of a pass.  Thereafter, the Part Time Access fee will be debited every 7 days using my original payment method unless cancelled in accordance with the minimum membership period requirements.  If my payment is dishonoured, I will be notified via email and will have 3 days to remedy the default.  If no action is taken, a $10 dishonour fee will be charged per failed attempt to debit my account.

19.  ‘UNLIMITED WEEKLY ACCESS’

Unlimited Weekly Access passes will have the first weekly payment debited upon purchase of a pass.  Thereafter, the Unlimited Weekly Access fee will be debited every 7 days using my original payment method unless cancelled in accordance with the minimum membership period requirements.  If my payment is dishonoured, I will be notified via email and will have 3 days to remedy the default.  If no action is taken, a $10 dishonour fee will be charged per failed attempt to debit my account.

20.  I acknowledge and agree that passes are not refundable, extendable, or transferrable unless otherwise agreed by Dance Sculpt. Persons found sharing their passes may have their pass terminated or suspended by Dance Sculpt.

Studio Classes   

21.  I acknowledge and agree that:

a.     Dance Sculpt retains the right to refuse studio entry to any person at its sole discretion.

b.     Any attendees under 18 years of age must have permission from a parent or guardian to participate.

c.     I am required to follow all reasonable directions of Dance Sculpt instructors and staff while at the studio.

In-Studio Class Booking Cancelation

22.  I acknowledge and agree that:

a.     In-studio class bookings can be cancelled up to 12 hours prior to the scheduled commencement time of that class without the deduction of a class credit from my class pass or any cancellation fee.

b.     If I elect to cancel a class within 12 hours of the scheduled commencement time of that class or do not attend, the following will apply:

c.     10 Class Pass holders will have 1 class credit deducted and will be charged a $15 late fee.

d.     All membership holders will have a class credit deducted and be charged a $15 late fee.

e.     Cancellations must be made through the Mindbody App booking system.

Foundation Unlimited Weekly Access Cancellation

23.  I acknowledge and agree that:

a.     The minimum membership period for Unlimited Weekly Access members is 16 weeks.

b.     At any stage after the initial 16 week period, members may cancel their Unlimited Weekly Access by providing 4 weeks’ notice in writing to admin@dancesculpt.com

c.     At any stage after the initial 16 week period, members may suspend their Unlimited Weekly Access for a maximum period of 2 weeks.

d.     Members may suspend their Unlimited Weekly Access no more than once in a 3 month period.

Single Visit Weekly Access, Part Time Weekly Access & Unlimited Weekly Access Cancellation

24.  I acknowledge and agree that:

a.     The minimum membership period for Single Visit, Part Time & Unlimited Weekly Access members is 4 weeks.

b.     At any stage after the initial 4 week period, members may cancel their memberships by providing 4 weeks’ notice in writing to admin@dancesculpt.com

c.     At any stage after the initial 4 week period, members may suspend their memberships for a maximum period of 2 weeks.

d.     Members may suspend their memberships no more than once in a 3 month period.

Termination

25.  I agree that Dance Sculpt may terminate my membership or pass without notice for illegal, offensive or inappropriate behaviour, as determined by Dance Sculpt, which occurs on Dance Sculpt’s premises or is directed at Dance Sculpt staff, members or participants.

Basis of Agreement

26.  I agree that:

a.     These Terms and Conditions apply exclusively to the provision of goods and services by Dance Sculpt to me and cannot be replaced or varied without the written agreement of Dance Sculpt.

b.     Dance Sculpt may vary or amend these Terms and Conditions at any time by written notice published on the website https://www.dancesculpt.com  Any amendment or variation will operate from the date specified in the written notice. If no date is specified, the amendment or variation will come into effect 4 weeks after the notice.

27.  These Terms and Conditions shall be governed by and construed according to the law of Australian Capital Territory, Australia, and I submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.

Defined Terms and Interpretation

28.  In this agreement, unless the contrary intention appears or the context otherwise requires, these words have the following meanings:

Associated Entities means all persons, corporations and entities other than Dance Sculpt that are in any way connected with organising, promoting, sponsoring, supporting, running or staging a Class or receiving benefits from a Class, and includes without limitation the officers, directors and employees of Dance Sculpt or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).

Death, Illness or Injury means (a) death; (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (c) the contraction, aggravation or acceleration of a disease; (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (i) that is or may be harmful or disadvantageous to the individual or community; or (ii) that may result in harm or disadvantage to the individual or community.

Personal Information has the meaning given to that expression under the Privacy Act 1988 (Cth), and includes without limitation my name, email address, phone number, place of residence, occupation, age, height and weight.

1.     In this agreement, unless the context otherwise requires, a reference to a person, corporation or entity includes a reference to its officers, directors, servants, employees, agents and representatives.

2.     To the extent that the obligations I have under this agreement are not directly enforceable by any person for whose benefit they have been given, I agree that any such obligation may be enforced by Dance Sculpt Pty Ltd on behalf of those persons.