2. Fee Payment
2.1 In the event of Non/Late payment of fees, your Membership will be terminated. Please see the Director to discuss options if you are having financial difficulties. Late Fees will also be added weekly. Should you default in payment, and the Invoice Due Date has exceeded 35 days, the matter will be referred to Debt Collection without further notice. You will be liable for payment of all costs associated with any costs to be recovered, included but not limited to legal fees, administrative costs, debt recovery, Interest, Court costs, late charges, etc, as a debt due and payable. These fees will be added to the Outstanding Account.
2.2 Should the student fail to provide dance@Nikki with full payment within 3 weeks of the beginning of each Term, the student will not be permitted to participate in any classes. Should payment be received after that date, the Studio shall still reserve the right to refuse the student entry to the class.
2.3 Wheresoever late payments are made twice in the same calendar year, the student shall be required to register for Direct Debit, whereby the fees for each Term shall be transferred automatically into the dance@Nikki account in 4 equal instalments prior to the commencement of each forthcoming Term.
2.4 In the event the Student does not provide dance@Nikki with full payment within the first 4 weeks of each term, the outstanding amount will be referred, without further notice, to our Debt Collector and/or Legal Representative. The student is responsible for all charges associated with but not limited to recovering funds due for services rendered.
3. Sickness or Injury
3.1 In the event of any injury or illness to my child, I authorise the Teachers to apply or arrange for First Aid and for examination by a registered Medical Practitioner. Should contact with me be impracticable or difficult, I authorize the Teachers to arrange whatever medical treatment the registered Medical Practitioner considers necessary and reasonably appropriate at that time. I will pay all medical expenses incurred on behalf of my child.
3.2 I agree to release Dance @ Nikki Webster Pty Ltd from any liability to my child or myself in relation to any injury or illness that my child may suffer, and for loss or damage to property, in connection with the activities, except to the extent that the liability arises as a result of the Negligence of the School or its Agents, Representatives, Employees or Contractors.
3.3 All payments are non-refundable and are not transferable should the student be unable to attend dance classes, or for a change of mind, once committed to the Term.
3.4 Refunds shall not be given for any classes that have been missed.
3.5 Students must not attend class if they are suffering from the flu or other viral infection that may be passed on to other persons.
3.6 The Student must advise the Studio, in accordance with the terms of this Agreement, if they are suffering from any injury or medical condition, ether permanent or temporary, which may be adversely affected by certain types of training. Some examples of this may include blood pressure problems and cardiac disorders, neck and back injuries, Diabetes and Asthma.
3.7 Students with a cut or bleeding injury must cease class immediately and receive appropriate first aid. Rejoining the class will not be permitted until the Teacher has deemed that it is safe to do so.
3.8 Pregnant women must notify the Teacher about their Pregnancy and must bring a Medical Certificate clearly stating that the person is able to participate in classes conducted by dance@Nikki, and whether there are any restrictions or conditions applicable.
3.9 In cases involving injury or mild illness in all classes, whether the Student is part of the ELITE PROGRAM or otherwise, the Student shall still be required to attend and watch the class, rehearsal or performance.
4. Attendance
4.1 Failure to attend classes does not signify or imply notification to cancel this Agreement.
4.2 A student’s failure to continue lessons during the notification or program period does not relieve the obligation to pay the remaining tuition balance in full.
4.3 Please ensure that you arrive 10-15 minutes prior to the commencement of your class.
5. Teachers
dance@Nikki employs Teachers who are specialists in their field to instruct classes. At times, scheduled teachers may not be available and an alternative teacher will be scheduled. Due to the nature of the entertainment industry and the high standard of teachers employed with dance@Nikki, teachers may change at the discretion of Management.
6. Your Rights
6.1 Where you consider that a drawing has been initiated incorrectly, you should immediately discuss the matter with us.
6.2 Should the original Terms and Conditions of this Agreement need to be varied, a minimum of 7 days written notice will be provided Queries arising as a result of any such variation must be notified to dance@Nikki at least 2 business days prior to the first debit date the variation would apply to.
6.3 If a debit item is disputed, dance@Nikki must be notified immediately. We will endeavor to resolve this matter as soon as practicable. Disputed debit items resolved in favor of dance@Nikki will incur an Administration Fee of $35.00.
7. Your Responsibilities
7.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request. If there are insufficient clear funds in your account to meet a debit payment:
7.1.1 You may be charged a fee and/or Interest by your financial institution;
7.1.2 You will also be charged a $5.00 fee by Dance@Nikki, together with an $8.00 fee for any payment received 10 days past the due date; together with incurring any return, administrative or collection costs incurred by dance@Nikki; and
7.1.3 You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
7.2 It is your responsibility to ensure that the Authorisation given to draw on the nominated account is identical to the account signing instruction held by the financial institution where the account is based.
7.3 It is your responsibility to advise us if the account nominated by you to receive the dance@Nikki drawings is transferred or closed.
7.4 Should the student elect to pay for the entire fees on an annual basis, they will be entitled to a 7% discount. As detailed above, although classes may be added or changed during the course of the year, the fees cannot be reduced than that already stated in this Agreement.
8. Cancellations
8.1 I understand that once the Fees have been paid and the Registration Form completed and submitted, the fees are not transferrable and cannot be refunded. At this stage, the student is committed to the classes for the full Year. This will comprise a 10 week Term over 4 Terms.
8.2 Unless we receive cancellation in writing a minimum of 2 weeks prior to the commencement of the Term, the requisite Fees will be due and payable for the same classes each Term for the entire Term. We operate on a 4 Term per year basis. If you wish to cancel at the end of a Term, written notice must be provided. This will also allow for spaces to be made available to other students before the commencement of the Term.
10. ELITE PROGRAM Students
10.1 ELITE PROGRAM students or any student on a Scholarship or reduced rate will not be able to cancel classes within that year or, if starting later in the year, within 4 school Terms of signing this Agreement. Should a cancellation occur, the student shall remain liable to pay the entire 12 months of tutelage, or a portion of whatever remains of that year. Please consider that a Scholarship is also an investment by the Studio in a student, and requires reciprocated commitment and dedication of both the student and their parent. Should a student be accepted into the ELITE PROGRAM or Scholarship and this Agreement has been executed, the student cannot cancel their classes for 12 months without continuing to incurring the requisite expense.
10.2 For those students who are part of the ELITE PROGRAM, all of the Terms and Conditions stated in this Agreement shall apply, together with being subject to the Terms and Conditions set out in the Elite Program Information/Fee Structure Handbook.
10.3 In the event of a breach of this contract, which encompasses unauthorized participation in external workshops or classes, or engaging in actions that denigrate the studio’s reputation through social media or any other means, the studio retains the authority to suspend the involved party’s class participation for the duration of the current calendar year. It is imperative to emphasize that notwithstanding this suspension, the party in question shall remain entirely accountable for all corresponding fees as outlined within this contract. This provision is enacted to uphold the mutual commitment articulated in this agreement and to safeguard the studio’s standing within the community.
11. Class Changes
11.1 Should you wish to make any changes to your classes, this must be made in writing at least 1 week prior to the commencement of the Term, and will be subject to availability.
11.2 The teachers may make any modifications to the class schedule as deemed necessary. Such modifications do not relieve the undersigned of their payment obligations under any circumstances.
11.3 This Agreement covers all classes taught inside any Dance@Nikki Webster premises or virtually, whether owned or operated by same, and at any stage that the student is under the authority of one of the teachers. The student and their parent/guardian acknowledge and accept that any changes to classes during the course of the year will continue to be subject to the Terms and Conditions contained within this Agreement.
12. Non-Competition
12.1 In consideration of the training and experience obtained, Students agree not to engage in teaching practices, or be employed or directly or indirectly concerned or interested either as Employer, Employee, Consultant, Director or Shareholder in any dance Studio or business within a 50km radius of the Studio, or any other Studio associated with dance@Nikki, for a period of 3 years following disassociation with this Studio, without the prior written permission of the Directors.
12.2 The student agrees that whilst they are a registered Student at dance@Nikki, they cannot in any way participate in any dance, singing, performing classes or workshops outside of this Studio without the prior written consent of both Directors.
13. Photography
I understand and accept that the Teachers may wish to record images of the class, including images of children participating in activities. These images may be used in publications, events, promotional broadcasts, and websites in any form of media. This will also allow parents to have a visual image of their children’s progress. Unless you ticked the box on the Registration Form to indicate that you do not grant permission, images may be taken of your child and used for the above purposes.
14. Safety
I understand that Dance @ Nikki Webster Pty Ltd is not a Childcare service, and is not responsible once the children have finished their classes. If your child is waiting around in-between classes, Dance @ Nikki Webster shall bear no responsibility for any loss, damage or injury occasioned by or to the Student or property they may come into contact with.
15. Confidentiality
dance@Nikki will keep any information (including your Account Details) confidential. We will make all reasonable efforts to keep any such information that we have about you secure, and to ensure that all of our Employees or Agents who have access to information about you do not make any unauthorized use, modification, reproduction of disclosure of that information. dance@Nikki will only disclose information that we have about you:
15.1 To the extent specifically required by law; or
15.2 For the purposes of this Agreement (including disclosing information in connection with any query or claim). If you wish to notify dance@Nikki about anything relating to this Agreement, you should write to 227 Catherine St, LEICHHARDT NSW 2040.
16. Costume Hire
Costume Hire is charged at $10.00 per student per Term per class. This amount is non-refundable. Costumes can only be hired and used by students who are currently registered and attending a dance@Nikki studio. Should a Student fail to return any Costumes, or return a Costume in a soiled or damaged state, that student shall forfeit the Deposit.
17. Damage
The Student will bear financial responsibility for any damage sustained by dance@Nikki’s property. The Student shall be liable to cover the costs associated with any repairs, labour or replacement, as deemed reasonably necessary by the Directors.
18. Choreography
To preserve the Intellectual Property of our Teachers, all Choreography remains the property of dance@Nikki, and may not be used without the prior written consent of dance@Nikki.
19. Courtesy and Respect
All students will be held to the highest standards of conduct. Communicating negatively with or about anyone inside or outside the Studio will not be tolerated under any circumstances. Students and parents are expected to demonstrate and show courtesy and respect to all Teachers and fellow students. Any Students or parents who exhibit repeated negative or disrespectful behavior will be asked to leave the Studio’s premises. Students will always demonstrate a respectful, supportive and encouraging attitude.
20. Clothing
All Students must wear appropriate Dancewear to each and every class. Forgetting to bring your Dancewear, shoes, proper hair and/or wearing inappropriate clothing is not acceptable. For safety reasons, Jewellery of any type shall not be permitted in class. No responsibility will be taken for loss or damage to any jewellery. If students have a mobile phone, they are not to be used during class time, and must be switched to silent mode while in class.
21. Waiver of Liability
21.1 Students consent to partake in classes at dance@Nikki venues at their own risk and to participate within their capabilities. The Teachers shall discharge their duty of care by undertaking their best efforts to take reasonable care to prevent foreseeable injury during warm-ups, cool downs, transitions, etc. Students and Parents however acknowledge and accept that Dance can involve inherent risk and some element of danger is assumed given its physicality.
21.2 The Student represents that he/she is:
21.2.1 In is good physical condition, and is not suffering from any heart, lung or other bodily ailment, and is in all respects physically fit to engage in the Dance lessons.
21.2.2 The Student has been advised that strict observance of the Rules and Regulations relative to Dance lessons is mandatory.
21.2.3 Physical contact will be used by Teachers of the Studio, other students and authorised individuals, as part of the course of instruction. The Student has been advised of this fact, and gives full consent to any physical contact as may be required or customary in Dance lessons.
21.2.4 In recognition of the possibility of accident or injury connected with Dance lessons, the Student waives the right or cause of action of any kind, arising as a result of such activity from which any liability may or could accrue to the Studio, its Officers, Agents, Employees, Teachers or Instructors.
Acknowledgement & Agreement
I accept all of the Terms and Conditions highlighted in the Customer Service Agreement provided and fully understand that failure to comply may result in the immediate cancellation of this Registration Agreement without any further involvement with the school and without compensation.
I am aware that I will be involved in physical activities, which can induce fatigue, and agree to inform the school prior to any classes of any medical history that may affect full participation in a class.