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TERMS & CONDITIONS

MEMBERSHIP AGREEMENT

TERMS AND CONDITIONS

 

These Terms and Conditions, together with any Membership Form, Screening Tool, Waiver and/or DDR

Service Agreement set out in the Appendixes, set out the agreement (this Agreement) under the terms of

which you or, where applicable, the person for whom you are the parent or guardian, (the Member, you,

your) will obtain services, including the Activities, from Dance Fit Studio ACN 639 357 029 (Dance Fit

Studio, we, us, our or Merchant).

We may change these Terms and Conditions at any time by updating the Terms and Conditions page on our

website, and your participating in the Activities following such an update will represent an agreement by you

to be bound by the Terms and Conditions as amended. Changes to these Terms and Conditions will only

apply to Membership Forms entered into after the change occurs. However, we will only increase your Fees

in accordance with clause 5.5 below.

 

1. MEMBERSHIP FORM, THIS AGREEMENT

(a) These Terms and Conditions will apply to all the Member’s dealings with Dance Fit

Studio, including being incorporated in all agreements or quotations under which Dance

Fit Studio is to provide services to the Member (each a Membership Form) together with

any additional terms included in such a Membership Form (provided such additional

terms are recorded in writing).

(b) The Member will be taken to have accepted this Agreement if the Member accepts a

Membership Form, or if the Member orders, accepts or pays for any Activities provided by

Dance Fit Studio after receiving or becoming aware of this Agreement or these Terms

and Conditions.

 

2. TERM

 

This Agreement commences on the Commencement Date and continues:

(a) for the duration of the Minimum Term specified in the Membership Form unless

terminated earlier in accordance with clause 10 for ‘Membership’ Plans; and

(b) for the total number of classes included in a Plan for all other Plans.

3. PARTICIPANT’S OBLIGATIONS

 

3.1 CAPACITY AND AGE

(a) The Member warrants that they:

(i) have the legal capacity and are of sufficient age to enter into a binding contract

with us; and/or;

(ii) are the parent or guardian of the Member who consents to this Agreement on

behalf of the Member.

 

(a) The Member acknowledges and agrees that:

(i) they must be at least 18+ years of age to participate in any Activities and can

only participate in such Activities under direct [parental/Dance Fit Studio]

supervision;

 

3.2 PRE-ACTIVITY OBLIGATIONS

The Member warrants that, on or prior to the Commencement Date, they:

(a) will complete the Screening Tool located in Appendix A and;

(i) if they answer ‘yes’ to any of the questions contained in the Screening Tool,

obtain a doctor’s certificate stating that they are allowed to participate in the

Activities; or

(ii) if they answer ‘yes’ to any of the questions contained in the Screening Tool and

cannot obtain a doctor’s certificate stating that they are allowed to participate in

the Activities, agree that they participate in the Activities at their own risk, if

permitted to do so by Dance Fit Studio;

(b) have read and signed the Waiver located in Appendix B;
(c) have read and signed the DDR Service Agreement in Appendix C; and
(d) accept any Third Party Terms, in accordance with clause 7.

 

3.3 GENERAL
(a) The Member must provide Dance Fit Studio with all documentation, information and
assistance reasonably required for Dance Fit Studio to provide the Activities;
(b) The Member must participate in any briefings and/or introductions as notified by Dance
Fit Studio prior to engaging in any Activities; and
(c) If you are the Member’s parent or guardian and the Member is under the age of 18, you
must ensure that the Member complies with these terms, and agree to the terms of this
Agreement in respect of the Member.

 

3.4 INSTRUCTIONS AND SAFETY
The Member warrants that they:
(a) will undertake an instructional consultation with Dance Fit Studio’s Personnel prior to
using the Studio and/or engaging in the Activities;
(b) comply with any safety guidelines, instructions and/or rules that Dance Fit Studio’s
Personnel provide to them;
(c) stop participating in any Activities, and alert Dance Fit Studio or its Personnel, if the
Member has any concerns about their health or safety or if they start feeling dizzy, faint,
unwell or feel any unusual pain during the Activities; and
(d) be responsible for their own safety and that of any person under the age of 18 years for
whom they have signed responsibility.

 

3.5 HEALTH AND STATE OF THE PARTICIPANT
(a) The Member acknowledges and agrees that the Activities are dance classes with a
significant fitness component that are intended for people who possess a minimum level
of fitness to participate in strenuous exercise. Dance Fit Studio, at its absolute discretion,
may refuse participation in the Activities to a Member, if it believes that the Member’s
level of fitness or physical condition render the Activities unsuitable for the Member.
(b) The Member warrants that they:
(i) are not pregnant and do not have a health condition which might have the effect
of making it more likely that they will be involved in an accident or injury while
participating in the Activities (Condition);
(ii) will notify Dance Fit Studio immediately if they develop a Condition;
(iii) are aware and agree that if they have a Condition, Dance Fit Studio might
refuse them participation in some and/or all Activities;
(iv) are aware that the Activities, even when no accident occurs, may involve risk to
health;
(v) will not participate in the Activities under the influence of drugs, alcohol or illicit
substances;
(vi) will not participate in the Activities, if ill, injured or feeling unwell; and
(vii) will warm-up prior to participating in the Activities.

3.6 STUDIO USE
The Member must:
(a) only use the Studio during classes run by Dance Fit Studio;
(b) use the SMS code issued to them by Dance Fit Studio each time when entering the
Studio ;

(c) cover any surfaces at the Studio , including all equipment and exercise mats, with a clean
towel during use and wipe down each piece of equipment after use;
(d) not use abusive, offensive or threatening language or behaviour while at the Studio;
(e) at all times wear clean clothing appropriate to the Activities they are undertaking and/or
as instructed by Dance Fit Studio from time to time (jeans, work clothes, boots, or clothing
with offensive or inappropriate images are not permitted);
(f) not enter the Studio under the influence of drugs or alcohol;
(g) not smoke, consume alcohol, drugs, foods, and/or chew gum at the Studio; and
(h) not use the equipment and/or facilities without seeking instructions from Dance Fit Studio
Personnel if the Member is not familiar with the equipment and/or facilities.

 

3.7 POSSESSIONS
(a) The Member is responsible for their possessions while at the Studio. Dance Fit Studio will
not be liable if any of the Member’s possessions are lost and/or stolen at the Studio.
(b) Where the Member stores their possession at the Studio, Dance Fit Studio will not be
liable if the Member’s possessions are lost and/or stolen. The Member leaves any
possessions at the Studio at their own risk.

 

3.8 GUESTS
You may only bring guests to the Studio if you obtain the permission of Dance Fit Studio’s
Personnel to do so.

 

4. CLASSES AND STUDIO AVAILABILITY
 

4.1 CLASSES
The Member acknowledges and agrees that:
(a) unless directed otherwise, they are required to book their Classes in advance via the
Dance Fit Studio Website; and
(b) if the Member is not on a ‘Membership’ Plan, any missed Classes will be forfeited by the
Member and Dance Fit Studio will not be required to reschedule such Classes.

 

4.2 AVAILABILITY
(a) While Dance Fit Studio will endeavour to ensure that Classes and equipment are
available during the advertised opening hours, on occasion, Classes or equipment may
be full, unavailable or no longer offered and Dance Fit Studio will not be liable to the
Member in such circumstances.
(b) Dance Fit Studio reserves the right to change the Classes and times offered at its
absolute discretion without notice to the Member.
(c) The Member acknowledges that during public holidays and over the Christmas and New
Year breaks, Dance Fit Studio classes are reduced in frequency and/or unavailable. This
circumstance has been reflected in our Fees and the Member is not entitled to any fee
discounts on this account.

 

5. PAYMENT
 

5.1 FEES
The Member must pay the Fees to Dance Fit Studio, in the amounts and at the times set out in the
Membership Form or as otherwise agreed in writing.

 

5.2 DIRECT DEBIT
If the Member’s Plan is a Membership , the Member:
(a) agrees to enter into DDR Service Agreement with Stripe located in Appendix C to this
Agreement;

(b) authorises Dance Fit Studio to charge the Member’s bank account in advance in line with
the Membership Form and DDR Service Agreement;
(c) acknowledges and agrees that each direct debit payment may incur additional payment in
accordance to the Stripe DDR Service Agreement in Appendix C
(d) must ensure that there are sufficient funds available in their account to allow Stripe to
debit the Fees payable;
(e) must give Dance Fit Studio a notice of at least 48 hours if:
(i) the Member is transferring or closing the account specified in their DDR;
(ii) there are any changes to the Member’s credit card specified in their DDR; and
(f) acknowledges and agrees that if a debit is returned by the Member’s financial institution
as ‘unpaid’:
(i) Dance Fit Studio will charge the Member a $[insert] dishonour fee in addition to
any fees charged under the DDR Service Agreement by Stripe; and
(ii) Dance Fit Studio will suspend the Member’s Studio access until the amounts
payable are received by Dance Fit Studio.

 

5.3 LATE PAYMENT
(a) If there are insufficient funds in the Member’s account, Stripe will attempt to charge the
account 4 times within the week in which the Fees are payable; and
(b) If payment is not successful, Dance Fit Studio and Stripe will charge the Member for late
payment in accordance with clause 5.2(f) .

 

5.4 UPFRONT PAYMENT
If the Member’s Plan is ‘Upfront’, the Member must pay for all goods and services upfront at the
time of booking using the payment method specified in the Membership Form (Upfront
Membership Plan).

 

5.5 FEE INCREASES
We reserve the right to increase the Fees at any time after the period of your initial Membership
Plan has ended, or at any time if your Membership Plan is ‘Month to Month’, by giving you a 31-day
notice of such increase.

 

5.6 NON-REFUNDABLE FEES
(a) The Studio Access Fee and the Joining Fee are non-refundable.
(b) Any unused period you would be entitled to if you are on an Upfront Membership Plan
and you cancel this Agreement prior to the expiration of the term, is non-refundable.

 

5.7 INVOICES
If Dance Fit Studio issues an invoice to the Member, payment must be made by the time(s)
specified in such invoice.

 

5.8 GST
Unless otherwise indicated, amounts stated in a Membership Form include GST.

 

5.9 STRIPE
We use Stripe to collect Fee payments. The processing of payments by Stripe will be, in addition to
this Agreement, subject to your DDR Service Agreement in Appendix C and privacy policy of
Stripe. We are not liable for the security or performance of Stripe We reserve the right to correct,
or to instruct Stripe to correct, any errors or mistakes in collecting your payment.

 

6. THIRD PARTY GOODS AND SERVICES
(a) Any Service that requires Dance Fit Studio to acquire goods and services supplied by a
third party on behalf of the Member may be subject to the terms & conditions of that third
party (Third Party Terms), including 'no refund' policies.

(b) The Member agrees to familiarise itself with any Third Party Terms applicable to any such
goods and services and, by instructing Dance Fit Studio to acquire the goods or services
on the Member’s behalf, the Member will be taken to have agreed to such Third Party
Terms.

 

7. LIABILITY AND INDEMNITIES
 

7.1 NO RELIANCE
The Member acknowledges that in deciding to pay for the Activities and in entering into this
Agreement the Member has not relied on the skill or judgment of Dance Fit Studio and that the
Member has satisfied itself as to the condition and suitability of the Studio and/or Activities and
their fitness for the Member’s purpose.

 

7.2 LIABILITY
To the maximum extent permitted under applicable law, and without limiting any of the Member’s
rights under the Competition and Consumer Act 2010 (Cth) Dance Fit Studio’s liability for all claims
in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether
those claims are for economic loss, or for personal injury or other damage) arising under or in
connection with this Agreement:
(a) is excluded, to the extent it concerns liability for indirect, special and consequential
damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of
profits or loss of goodwill; and
(a) is limited, insofar as it concerns other liability, to the total money paid to Dance Fit Studio
under this Agreement as at the date the event giving rise to the relevant liability occurred
(or, where there are multiple events, the date of the first such event).

 

7.3 RISK
(b) Participating in the Activities involves the potential for injury and the Member is
participating in any Activities at their own risk with knowledge of the dangers involved,
including but not limited to, physical injury, muscle and ligament strains, illness, bruising,
falls, injury through equipment failure and even death.
(c) The Member acknowledges that while Dance Fit Studio uses its best endeavours to
ensure that the Studio and any facilities and/or equipment are free of faults and safety
issues, there may be instances of equipment failure, and/or equipment and other objects
may be left in incorrect positions by other Studio users. The Member agrees that Dance
Fit Studio will not be liable for any loss or damage arising out of such circumstances,
unless there is reckless disregard or gross negligence on Dance Fit Studio’s behalf.
(d) The Member will bear all risk of loss or destruction of, or damage to, any equipment
and/or other property and/or people arising out or contributed to by their participation in
the Activities.

 

7.4 INDEMNITY
The Member indemnifies Dance Fit Studio from and against all losses, claims, expenses, damages
and liabilities (including any taxes, fees or costs) which arise out of:
(a) any breach of this Agreement by the Member;
(b) any negligent, fraudulent or criminal act or omission of the Member or its Personnel; or
(c) an event, where circumstances giving rise to a claim, were caused or contributed to by
the Member.

 

8. WARRANTIES
(a) 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 this Agreement are excluded.
(a) Nothing in this agreement 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 Member may be entitled to certain remedies (like a refund, replacement or repair) if
there is a failure with the goods or services provided.

9. PRIVACY
(a) You agree to be bound by our Privacy Policy, which is available [here].
(b) Unless you tell us otherwise, you consent to us taking images and recording video
footage of you for the following purposes only:
(i) promotion of the Studio , Studio events and advertising the associated products
and services; and
(ii) publication on social media platforms or in newspapers, in trade and other
journals and on websites and the internet for the purposes of professional
advancement,
in accordance with our Privacy Policy.
(c) Please notify us by email at [insert company email address] if you do not wish footage or
images of you to be taken or kept by us.

 

10. CANCELLATION


10.1 BY DANCE FIT STUDIO
Dance Fit Studio may terminate this Agreement in whole or in part immediately by written notice to
the Member, if the Member is in breach of any term of this Agreement.

 

10.2 NOTICE – ALL MEMBERS
 

10.3 If you wish to cancel this Agreement, you must provide at least 30 days written notice to Dance Fit
Studio (Notice).

 

10.4 THREE MONTH MINIMUM TERM MEMBERSHIP PLAN
If you are on a three month Minimum Term Membership Plan and cancel your Membership Dance
Fit Studio will not refund you for any unused period of your Minimum Term Membership Plan,
however you will be able to participate in any classes available during the remainder of the
Minimum Term.

 

10.5 MEMBERSHIP PLAN
If you are on a six month or twelve month ‘Membership’ Plan and terminate this agreement:
(a) within 3 months of the Commencement date, the full fees of the Minimum Term are
payable;
(b) after 3 months from the Commencement date, you must pay us the Cancellation Fee set
out in the Membership Form.

 

10.6 CLASS PASS – NO REFUND
If your Plan is a 5 class, 10 class or other type of prepaid plan and you terminate this agreement,
Dance Fit Studio will not refund you for any unused classes you may be entitled to under your Plan.
However, you will still be able to use any unused classes included in your Plan.

 

1.2 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination
or expiry of this Agreement will survive and be enforceable after such termination or expiry.

 

11. DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with this Agreement
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.
(b) A party that requires resolution of a dispute which arises under or in connection with this
Agreement 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.

(c) 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.

12. NOTICES
(d) A notice or other communication to a party under this Agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this
agreement, or if no email address is specified in this agreement, then the email
address most regularly used by the parties to correspond regarding the subject
matter of this agreement as at the date of this agreement (Email Address). The
parties may update their Email Address by notice to the other party.
(e) Unless the party sending the notice knows or reasonably ought to suspect that an email
was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.

 

13. GENERAL
 

13.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party
irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and
courts of appeal from them in respect of any proceedings arising out of or in connection with this
agreement. 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.

 

13.2 AMENDMENTS
This agreement may only be amended in accordance with a written agreement between the
parties.

 

13.3 WAIVER
No party to this agreement 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.

 

13.4 SEVERANCE
Any term of this agreement 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 this
agreement is not limited or otherwise affected.

 

13.5 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.

 

13.6 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this
agreement without the prior written consent of the other party.

 

13.7 COUNTERPARTS
This agreement may be executed in any number of counterparts. Each counterpart constitutes an
original of this agreement and all together constitute one agreement.

 

13.8 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses
in connection with negotiating, preparing, executing and performing this agreement.

13.9 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 this agreement.
13.10 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other
gender;
(c) (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;
(d) (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;
(e) (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;
(f) (this agreement) 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 this agreement, and a reference to this agreement includes all
schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as
varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect
interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a
party because that party was responsible for the preparation of this agreement or that
provision; and
(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed
in writing.

 

14. DEFINITIONS

In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in

this agreement will have the following meanings:

Team                                            Meanings

 

Activities.                                     means the Activities listed in the Membership Form to be provided to the Member by Dance Fit                                                       Studio.

 

Direct Debit Request, DDR          means the Direct Debit Request located in the Membership Form authorising. Stripe to debit

                                                     your nominated account or credit card for Fees payable to Dance Fit Studio in accordance with                                                         the DDR Service Agreement.

 

DDR Service Agreement.              means the DDR Service Agreement between you and Stripe relating to the. Fees payable under                                                        the Membership Form located in Appendix C.

 

Commencement Date                   has the meaning set out in the Membership Form.

 

Fees                                               has the meaning set out in the Membership Form.

 

Studio                                            means the venue specified in the Membership Form.

 

Laws.                                            mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force                                                             fromtime to time in the relevant jurisdiction(s) where the Activities are performed or received                                                             and includes any industry codes of conduct.

 

Member, you, your                          has the meaning set out in the Membership Form and includes the parent or guardian of the                                                              Member if the Member is under 18 years of age.

 

Membership Form                           has the meaning set out in clause 1(a) of these Terms and Conditions.

 

Membership Plan.                            has the meaning set out in the Membership Form and relates to the contract length and                                                                    payment terms a Member has selected.

 

Merchant                                         means Dance Fit Studio Pty

 

Personnel                                         means, in respect of a party, that party’s officers, employees, contractors (including 

                                                         subcontractors) and agents.

Staffed Hours                                   means between [insert] and [insert].

 

Third Party Terms                             has the meaning set out in clause 7.

15. INTERPRETATION
In this Agreement, the following rules of interpretation apply:
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other
gender;
(c) (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;
(d) (person) a reference to “person” 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;
(e) (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;
(f) (this Agreement) 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 this Agreement, and a reference to this Agreement
includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document
as varied, novated, ratified or replaced from time to time;
(h) (currency) a reference to “$” or “dollar” is to Australian currency;
(i) (headings) headings and words in bold type are for convenience only and do not affect
interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation;
and
(k) (adverse interpretation) no provision of this Agreement will be interpreted adversely to
a party because that party was responsible for the preparation of this Agreement or that
provision.

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