Ballerina Whispers Terms and Conditions Agreement

1. OUR AGREEMENT WITH YOU 

1.1 As a customer of Ballerina Whispers these terms and conditions form the basis of your agreement with Ballerina Whispers.

1.2 Ballerina Whispers agreement with you also includes your enrolment form, which you complete and provide to Ballerina Whispers.

2. PRIVACY STATEMENT

2.1 All personal information collected on the enrolment form is strictly confidential and for office use only.

2.2 Ballerina Whispers will not disclose personal information to third parties except where the law allows or requires, or where you have given your permission to do so.

2.3 By providing your email and phone details indicates your agreement to be contactable via email/sms.

3. FEE POLICY

3.1 Fees are payable by the term (averaging 10 weeks) and calculated based on the number of lessons within each term.

3.2 By enrolling into Ballerina Whispers (online, in person or over the phone) you are agreeing to pay the full amount owing for the term.

3.3 Students who withdraw before the end of term are still obligated for full term fees.

3.4 Fees are neither refundable nor transferable between students and terms.

3.5 Students joining mid-term are charged on a pro-rata basis.

4. PAYMENT

4.1 Accounts are to be paid in full within two weeks of invoice being received. Please note the due date on your invoice.

4.2 If unable to pay fees in the allocated time frame please contact Ballerina Whispers immediately to arrange an alternate payment method.

4.3 If no prior arrangement has been made a $10 surcharge will automatically be applied to accounts not paid in full by the due date.

4.4 If fees remain outstanding at the beginning of week six, your child will be asked to sit out of class until the full payment is received.

4.5 If fees continue to remain outstanding your account will be forwarded to Ballerina Whispers debt collection agency for further action. Agency collection costs will be added to your account.

5. ENROLMENT/CANCELLATION

5.1 All students are required to re-enrol at the commencement of a new year.

5.2 A non-refundable enrolment fee of $20- is charged annually for each enrolled student (or $30- per family).

5.3 Students are automatically re-enrolled into the subsequent term for the year.

5.4 If you wish to withdraw your child’s enrolment for the following term, written notice must be received by Ballerina Whispers a minimum of 2 weeks prior to the commencement of the new term. Failure to give written notice within such time will result in a $30- cancellation fee.

6. MISSED CLASSES

6.1 No refunds, discounts or credits are given for missed classes for any reason.

6.2 Classes missed due to illness or injury will be offered a make-up lesson upon request, on the pretence that a suitable replacement class is available. ‘Make up’ classes must be taken within the same term as absence from illness/injury, with a maximum of 2 ‘make up’ classes per term. Missed classes cannot be credited to accounts.

6.3 Where possible please notify via phone, text or email when unable to attend a class.

6.4 In the instance of hall cancellations/previous bookings or teacher absence every effort will be made to make up missed lessons.

6.5 The right to cancel, discontinue, shorten or transfer classes is at the discretion of Ballerina Whispers – fees paid will be credited pro rata.

7. FIRST AID

7.1 A stocked first aid kit is accessible at all times through the teacher. Due to government regulations Ballerina Whispers is unable to provide anyone with Panadol or equivalent medication.

7.2 In the occurrence of a medical emergency, where parents/guardians cannot be contacted, it is understood that Ballerina Whispers reserves the right to call for an ambulance service. Any costs associated will be at the parent’s expense.

7.3 It is the responsibility of the parent to inform Ballerina Whispers teaching staff of any medical conditions, injuries or allergies your child suffers from prior to the commencement of class.

8. VIDEO/PHOTOGRAPHY

8.1 When watching lessons all digital recording of movement by any device (such as but not limited to mobile phones and multimedia devices) is strictly prohibited.

8.2 Photography of your own child is permitted, however must be for personal use only and not for commercial sale.

8.3 Prior to photographing your child in a Ballerina Whispers class please seek permission from the teacher and the other family members in the class.

9. TALENT RELEASE

9.1 Grant of Rights. Upon enrolling my child into a class at Ballerina Whispers, I hereby grant to Ballerina Whispers the absolute and irrevocable right and permission, throughout the world, in respect of the photographs and/or video footage (“the material”) that it has, has taken, or has had taken of my child or in which my child may be included with others: To use, re-use, publish, and re-publish, and otherwise reproduce, digitise, edit, modify, distribute in print and online, publicly display in print and online, share via social media, and publicly perform the same, in whole or in part, individually or in conjunction with other photographs or videos, and in conjunction with any copyrighted matter, in any and all media now or hereafter known, for illustration, website, promotion, art, marketing, advertising and trade.

9.2 Release. Upon enrolling my child into a class at Ballerina Whispers, I hereby release and discharge Ballerina Whispers from any and all claims and demands arising out of or in connection with the use of the photographs or footage, including without limitation any and all claims for defamation, invasion of privacy, and misappropriation of my right of publicity. I hereby by waive any claim that I may have to inspect or approve any images, products or copy in connection with any of the material.

9.3 Copyright in the Material. Upon enrolling my child into a class, I acknowledge that I have no claim to the copyrights in the material. The copyright owners have the right to copyright the material in their own names or otherwise and to use, assign, and license the material throughout the world, including any rights I might have.

9.4 Representations. I have read the foregoing and fully understand the contents thereof section Talent Release.
This release shall be binding upon me and my heirs, legal representatives and assigns. I further release Ballerina Whispers from any responsibility for injury incurred during any and all past, present or futures photography and/or video sessions and activities.

10. CONSENT

10.1 Parents are advised that physical contact may be necessary by the teacher to assist your child’s understanding of an action, posture or position e.g. holding hands in a circle, lifting or correcting posture. You consent to employees, sub-contractors, contractors and directors of Ballerina Whispers having contact with your child in this regard.

10.2 Should your child hurt him/herself, you consent to employees, sub-contractors, contractors and directors of Ballerina Whispers to attend to your child whilst Ballerina Whispers wait for the nominated guardian to take over.

10.3 You consent to employees, sub-contractors, contractors and directors of Ballerina Whispers taking your child to the toilet during class if your child requires to use the toilet.

10.4 You understand that while every care will be taken by Ballerina Whispers to ensure the highest level of safety for your child, you recognise that there is an increased risk of physical injury when partaking in dance activities. You acknowledge that Ballerina Whispers accepts no responsibility for injury or loss to person or property caused at the designated studio location or any associated events (such as but not limited to regular classes, concerts and workshops). You hereby indemnify Ballerina Whispers and its employees, contractors, sub-contractors and directors against any claim made on your child’s behalf in relation to any and all injuries, loss or damage sustained to his/her person or property, whether caused by negligence or otherwise.

11. REFERRAL PROGRAM  

11.1 Only one discount will be given per referred child; for example if 2 families refer the same child, only one referring family will receive the discount off their term fees.

11.2 The referred child can book a trial class, however the discount will only be applied to your account if they enrol into a class and pay for the term in full within the time frame of the referral program 14th January – 18th February 2017.

11.3 The dates of the referral program are not flexible, if a referred family does not enrol before the cut off date you will not receive the discount.

11.4 A new or referred family who has enrolled and paid for the term in full have the opportunity to receive this same offer by referring another 5 friends; who must also enrol before the end of the referral program period (18th February, 2017) for the discount to be received by the referrer.

11.5 The discount is applied to the next terms fees only. Discounts are non transferable and cannot be redeemed for cash or sold or carried over into another term or year.

11.6 A discount will not be given if a referred family does not email to let us know you referred them.

11.7 A discount is only given if the referred family is new to; or has not attended classes at Ballerina Whispers for a year or more.

11.8 You cannot enrol a sibling and receive the refer a friend discount.

12. CHANGES TO TERMS AND CONDITIONS

12.1 Ballerina Whispers reserves the right to revise, amend or modify the Ballerina Whispers Terms and Conditions at any time.

12.2 If breaches of the Terms and Conditions occur, Ballerina Whispers reserves the right to terminate the agreement where deemed necessary.

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