Terms, Conditions & Studio Polices

OUR RELATIONSHIP

This Agreement is between Raz Studios School of Dancing 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. Raz Studios reserves the right to change or vary fees at any time. The Student (or the Guardian of the Student) agrees to pay Raz Studios the Fees by way of, and subject to the Policy, by cash, cheque, EFTPOS (by way of credit/debit card or over the phone) or Internet Banking. Payment of term fees must be made in advance on or before the second Friday after the commencement of each NSW Public School term. The due dates for each payment are usually published in our Policy. Raz Studios may apply an ‘Early Bird’ discount as set out in the Policy.

Late payments will incur a $10.00 administration fee. All EFTPOS or over the phone transactions will inccur the following fees: VISA/Mastercard 2.2% and AMEX/Diners 4.4.%

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 Raz Studios 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, Raz Studios reserve the rights to restrict a Student from attending class if fees are not paid on the due dates.

MISSED OR CANCELLED CLASSES

Private classes may be rescheduled when we receive more than 24 hours written notice. We cannot reschedule group classes or refund unattended classes. However, Raz Studios offers ‘make up’ classes to a Student up to a maximum of 2 missed classes per term provided:

• -  notice was provided as set out in this clause;

• -  the ‘make up’ classes are taken in the same term as the missed classes.
  Students may only attend ‘make up’ classes of similar age, ability and style and must be arranged in writing via email. If, due to circumstances beyond our control, Raz Studios cancels a class, we will provide you notice and reschedule the class at a future date at no extra tuition fees to you.

  HEALTH OF A STUDENT

  We accept Students on the assumption that they are in good health and fitness. It is your responsibility to notify Raz Studios 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 Raz Studios class. Nuts and Nut Products are not allowed on the Premises.

  STUDENT CODE OF CONDUCT

  Raz Studios 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 Raz Studios) verbal abuse, intimidation, discrimination, harassment, extortion, threats/acts of physical violence (or any other acts of unacceptable behaviour) towards fellow Students, Parents/Guardians, Raz Studios employees or employees of Venues where Raz Studios events are held. Please refer to our policy.

RAZ STUDIOS POLICY

Each year, Raz Studios publishes a ‘Policy and Information booklet’ [Policy]. The Policy sets out important policies, procedures and information. The Policy sets out in detail uniform, footwear, presentation for class and other requirements. 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 Raz Studios 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.

RAZ STUDIOS 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 Raz Studios event and use that material in any promotions in print, photography, reproduction of scripts, radio, television, internet streaming, internet sites of Raz Studios 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

Raz Studios 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, Raz Studios 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. Raz Studios 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

Raz Studios 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.

EXCLUSIVITY

During the term of the Agreement, the student (or parent / guardian on behalf of the student) agrees not to engage or participate in dancing classes, workshops or any other form of dancing lessons from any third party without the express consent of Raz Studios. This include participation in regular or casual lessons, workshop, junior ‘cheerleading squads’, extension classes or holiday programs.

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
Raz Studios, us, we, means Lenae Razbusek trading as Raz Studios [ABN: 75 116 895 290] Student, means the Student attending Raz Studios. 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 Raz Studios 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 Raz Studios must be addressed to: Lenae Razbusek at lenae@razstudios.com.au