Terms & Conditions of enrolment into Kindy Beats

 

Our Relationship

This Agreement is between Kindy Beats and the Student (and where the Student is under the age of 18 years, the Parent/Guardian on behalf of the Student), for the provision of dancing tuition classes [hereinafter ‘Services’] as indicated on the Enrolment Form. The Enrolment Form and these Terms and Conditions together constitute the entire understanding and agreement between the parties. This Agreement is governed by and construed in accordance with the laws of the State of New South Wales. This agreement becomes binding on you when the Student and/or the Parent Guardian, completes and submits the Registration Form (whether online or in person) or when a student commences attending classes.

 

Payment of Fees

Tuition Fees are set out in our Policy. Kindy Beats reserves the right to change or vary fees at any time.  The Student (or the Guardian of the Student) agrees to pay Kindy Beats the Fees by way of, and subject to the Policy, by Direct debit or Internet Banking. Payment of tuition fees must be made weekly in advance. The due dates for each payment are usually published in our Policy. Late payments will incur a $10.00 administration fee.

 

Cancelling your TUITION

You may cancel our Services at any time by providing us with 2 weeks written notice of your intention to do so. All fees must be paid up until the end of the 2 week notice period.  Any fees paid in advance will not be refunded but in exceptional circumstances, we may refund you some of the fees by making a request to us in writing, setting out the reasons for the early termination. The Student acknowledges and agrees that Kindy Beats has the right to stop providing any Services and/or commence recovery proceedings against a Student for any amount that remains unpaid after the due date. To avoid any doubt, Kindy Beats reserve the rights to restrict a Student from attending class if fees are not paid on the due dates.

 

Missed or Cancelled Classes

We cannot reschedule group classes or refund unattended classes.

 

Health of a Student

We accept Students on the assumption that they are in good health and fitness. It is your responsibility to notify Kindy Beats of any medical complaint or history suffered by the Student that may prevent that Student from engaging in any physical or active or passive exercises or routine. A Student is only permitted to bring water to classes. No food can be brought into a Kindy Beats class. Nuts and Nut Products are not allowed in Kindy Beats classes.

 

student code of conduct

Kindy Beats wants every Student to have a safe and enjoyable experience, therefore we reserve the right to terminate this Agreement without notice for behaviour by the Student or that Student’s Parent/Guardian that is (in the reasonable opinion of Kindy Beats) verbal abuse, intimidation, discrimination, harassment, extortion, threats/acts of physical violence (or any other acts of unacceptable behaviour) towards fellow Students, Parents/Guardians, Kindy Beats employees or employees of Venues where Raz Studios events are held. Please refer to our policy.

 

KINDY BEATS Policy

 

Each year, Kindy Beats publishes a ‘Policy and Information booklet’ [Policy]. The Policy sets out important policies, procedures and information. You must comply with these requirements and with the Policy insofar as the Policy describes an obligation on you or the Student.  We will inform you of these policies or policy changes from time to time. If you don’t comply with our policies, we may terminate this Agreement. We reserve the right to change, vary, amend or supplement the Policy at any time.

 

Liability

No claim for damage, loss or injury direct or indirect against us in respect of any Services supplied by us shall in any case shall exceed either the re‐supply or the cost of re‐supply of the Services giving rise to the claim against us and we reserve the right to elect either option at our absolute discretion. In respect to damage to and of your equipment, our liability shall be limited to the lessor of the replacement or repair costs only. Notwithstanding any other clause in this Agreement, we will not be liable to you in tort (including negligence), contract or otherwise for any economic loss, loss of profit, loss of savings, loss of anticipated profit or savings, or for any indirect, special or consequential loss or damage, however caused, whether arising in relation to the supply or non‐supply of any Services, any breach by us of this Agreement or otherwise.

To the extent that the Services provided by Kindy Beats are “recreational services” for the purposes of section 68B of the Trade Practices Act 1974 as amended or replaced from time to time (whether by the Trade Practice Amendment (Australian Consumer Law) Act (No. 2) 2010 or otherwise), we will not be liable in any way whatsoever  for death or personal injury caused due to the provision of the Services pursuant to this Agreement or due to a contravention of any term, both express and implied, in this Agreement.

 

WARRANTIES AND REPRESENTATION

Apart from the warranties and representations expressly given to you in this Agreement, all other warranties or representations, express or implied, are excluded (to the extent permitted by law).

You acknowledge that you have not relied on any of our employees or agents as to the fitness for purpose, suitability or features of any of our Services, except where such representations are recorded in the Enrolment Form or in this these terms and conditions.

 

Photograph and Video

We cannot allow any classes to be recorded or any Students to be photographed without our prior written consent. Any breach of this by you will entitle us to immediately terminate this Agreement.

 

kindy beats Advertising and Promotional Material

If you are selected for promotional material, then this clause constitutes a Talent Waiver where you agree that we may take any photographs or make an audio or video or digital recording of you or the Student at a Kindy Beats event and use that material in any promotions in print, photography, reproduction of scripts, radio, television, internet streaming, internet sites of Kindy Beats or any third parties we consider appropriate. You acknowledge that all rights to intellectual property contained in the Services, our marketing material and in our equipment (including any improvements or changes to any Service, marketing material or to our equipment) belong to us (or to our licensors or third party suppliers) and are retained by us when we provide the Services to you. These intellectual property rights include, but are not limited to, all copyright, trademark and design rights relating to the Services.

 

Changes to the Agreement

Kindy Beats may change the tuition fees at any time and will notify you of any rate change, with the option to cancel this Agreement. If the applicable GST rate (or other included tax or duty) changes during the term of this Agreement, Kindy Beats will accordingly adjust the tax-inclusive fees payable by the Student. All other provision of this Agreement may only be changed by agreement between the parties.

 

Please keep your records up to date

Please ensure that you keep us promptly informed of any change to your contact, emergency or payment details. We will not be responsible for any event relevant to your enrolment due to a failure by you to notify us of any relevant changes. Kindy Beats regularly communicates information via email and as part of this service you must have a valid email account.

 

INDEMNITY

You will indemnify us against all claims of any kind whatsoever however caused or arising (including without limitation all sums paid to compromise or settle claims, proceedings and actions out of court) brought by any person in connection with any use by you of the Services (other than in the manner contemplated by this Agreement), or any failure by you to meet your obligations under this Agreement. You will reimburse us on demand for any expenses, disbursements and legal costs incurred by us in the enforcement of any of our rights contained in this Agreement (including any reasonable solicitor’s fees and debt collection agency fees) where we are enforcing those rights as a result of your non‐compliance with any of your obligations under this Agreement.

 

PRIVACY

Kindy Beats will collect personal information from the Student when providing the services. We may be required by law to collect the full name and address of Students and keep this information up to date. The Student’s personal information will only be used for the purposes for which it is collected or in accordance with the Privacy Act 1988 (Cth). The Student authorises the reasonable disclosure of personal information as required by law to Third Parties or as necessary in the course of providing the Services. Student’s personal information is managed and protected in accordance with our Privacy Policy. A copy of the Privacy Policy can be provided upon request.

 

severance

The whole or any part of any clause of this Agreement that is illegal, void or unenforceable will be severed from it and will not affect the continued operation of its remaining provisions.

 

Definitions used in this Agreement

Agreement means this Agreement

Kindy Beats, us, we, means Kindy Beats PTY LTD [ABN: 71 650 120 648]

Student, means the Student attending Kindy Beats. For all Students under the age of 18 years, all terms set out in this Agreement are the responsibility of the Parent and/or Guardian of the Student.

‘You’ means the Student (if you are 18 years or over) or the Parent/Guardian of the Student if the Student is under 18 years of Age. Unless otherwise stated in this Agreement all clauses relate to the Student and/or the Parent/Guardian of the Student.

‘Policy’ means Kindy Beats Policy and Information Booklet as amended from time to time.

 

NOTICES

All notices regarding this Agreement or any matter related to the enrolment of the Student with Kindy Beats must be addressed to: Lenae Razbusek and Lacey Kelly at info@kindybeats.com.au