CB121 Terms and Conditions
Classical Ballet 121 Terms and Conditions
By enrolling as a student at Classical Ballet 121 (CB121), You are agreeing to the following terms and conditions:
CB121 (or Us) mean Classical Ballet 121 (ABN 20660896233).
Fees means the fees for the provisions of Services as set out in the Fee Schedule,
which form part of this Agreement.
Force Majeure Event means acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party, suppliers or subcontractors.
Personnel includes any officer, employee, agent, teachers, contractor, sub-contractor or consultant of CB121.
Policies and Procedures means the policies and procedures that apply to the Services, as updated from time to time, which form part of this Agreement and are available on the Website.
Premises means the dance studio situated at Level 2, 575 Pacific Hwy, St Leonards.
(or such other premises of CB121 from time to time).
Registration Form means the registration form which a person completes to register their interest in enrolling as a Student at CB121.
Services (or classes) means dance classes, dance performances and competitions, as more fully described on the Website.
Student (or You) means the individual named on the Registration Form and includes the parent/ guardian (where applicable).
Website means the CB121 website located at https://www.classicalballet121.com or any other internet site notified by CB121 from time to time.
2. Conditions of enrolment
2.2. The Student must complete the Registration Form and agree to pay the Fees as set out in the Fee Schedule.
2.3. The Student must comply with the Policies and Procedures.
2.4. The Student must be medically fit to attend or participate in the classes. It is the responsibility of the Student to notify CB121 if they are ill or injured.
2.5. The Student must complete a Video and Photograph Consent Form upon enrolment.
2.6. CB121, at its absolute discretion, will allocate the Student to the most suitable classes, taking into account their age, past experience, dance ability, potential/talent, maturity, knowledge, behaviour, commitment and goals.
2.7. The enrolment period is deemed to be one calendar year comprising 4 terms. The term dates are available on the Website (as updated from time to time).
2.8. Whilst CB121 will make every effort to ensure classes are held per the published timetable, CB121 reserves the right to cancel or change classes at any time.
3.1. In consideration of CB121 providing the Services, the Student must pay the Fees as set in the Fee Schedule.
3.2. All prices are quoted in Australian dollars and include Goods and Services Tax unless otherwise specified.
3.3. Fees are invoiced by the term. The full term invoice must be paid, regardless of the number of classes the Student wishes to attend (or actually attends). For new students joining after the start of a term, fees will be charged pro-rata.
3.4. Invoices are emailed 2 weeks prior to the due date to the email address provided on the Student’s Registration Form.
3.5. Fees are due by the end of week 1, each term.
3.6. Families may request a payment plan. This must be arranged and expressly approved by CB121 prior to the due date. There will be no discounts, refunds or credits applied for missed classes. Additional fees may apply.
3.7. Where a student intends to withdraw from CB121 a full term’s notice in writing to CB121 is required. In default of such notice, one term’s fees will be payable.
3.8. Where the Student withdraws from CB121 or classes during a term, the invoiced amount must still be paid for and no refunds will be issued.
3.9. Fees can be paid by cash, cheque or bank transfer.
3.10. If the Student fails to pay the Fees to CB121 by the due date, without limiting any other remedies available to it at law, CB121 may, at its sole discretion suspend or terminate the provision of Services to You, until all outstanding Fees are paid in full.
4.1. Unless otherwise stated in this Agreement and to the extent permitted by law, if a Student misses a class (wholly or partly) or withdraws from CB121 for whatever reason, the Student
will not be entitled to a refund of the Fees. This ensures CB121 can maintain a stable learning environment for all Students with minimum class disruptions. Teachers are also hired
based on full term periods.
4.2. To the extent permitted by law, there will be no refunds in any circumstances for:
(a) Costume hire fees or costume purchase fees.
(b) Annual Performance Tickets
(c) Registration fees
(d) Annual Performance fees
5.1. The Student is expected to attend all scheduled classes and rehearsals throughout the year. CB121 must be notified if a student will be absent from class.
5.2. CB121 must be notified in advance if the Student wishes to withdraw from the classes.
5.3. The Student must be on time for classes and dressed in the correct uniform.
5.4. In the event of illness, the Student must notify CB121.
6. Intellectual property
6.1. You acknowledge that CB121 is the owner of:
(a) the photographic and digital images and/or audio and visual recordings (and all intellectual property rights contained therein) taken of You by, or on behalf of, CB121 at, or in
relation to, a CB121 class or event, and You are not entitled to any remuneration, royalties or any other payments from CB121 in respect of the use by CB121 of the photographic and digital
images and/or audio and visual recordings; and
(b) all costumes, choreography or music (and ancillary work products) discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with the performance of the Services or this Agreement will vest in, and are assigned to, CB121.
7. Personal conduct
7.1. You must at all times conduct yourself in a civil, safe and proper manner and entirely in accordance with the Policies and Procedures and any other directions of CB121.
7.2. Should the Student violate the Policies and Procedures or engage in any behaviours or practices that are deemed to be inappropriate or unsafe, CB121 reserves the right, to immediately, without further notice to You, terminate the provision of Services to You, and, to the extent permitted by law, no refunds will be given.
8. Loss and damage
8.1. CB121 is not responsible to the Student for any lost, stolen or damaged to personal property. Personal property is brought to classes at the Student’s own risk.
8.2. The Student will be liable for loss, injury or damage caused by an act or omission of the Student to anyone else or to CB121’s property including without limitation the Premises, equipment, costumes, uniforms, props or other property (CB121 Property). In such an event, without limiting any other remedies available to it at law, CB121 reserves the right to charge the Student the full cost of either repairing or replacing the CB121 Property.
9. Release and Indemnity
9.1. Although CB121 endeavours to provide a safe, clean and secure environment for the Student, classes entail certain risks (including the danger of personal injury) which cannot be fully eliminated. The Student voluntarily elects to attend the classes and accepts the Services ‘as is’ and assume all risks of loss, damage or injury that may be sustained as a result of attending or participating in the classes or otherwise utilising the Services.
9.2. To the extent permitted by the law, the Student agrees to release, indemnify and hold harmless, CB121 and its Personnel against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from:
(a) a breach by the Student of any of their obligations under this Agreement;
(b) any act or omission (whether negligent, dishonest, fraudulent or otherwise) of CB121;
(c) the Student’s attendance or participation in the classes and their use of the Services.
9.3. Each indemnity is a continuing obligation and survives termination or expiration of this Agreement. It is not necessary for CB121 to incur expenses or make any payment before enforcing a right of indemnity under this Agreement.
10.1. To the extent permitted by law the aggregate of CB121’s liability to the Student, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, is limited to an
amount not exceeding the amount paid by Student for the Services that are the subject of the liability.
10.2. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on CB121 are excluded by this Agreement.
10.3. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of
any liability under the Consumer and Competition Act 2010 (Cth) or any other national, State or Territory legislation (the Acts) where to do so is unlawful. To the full extent permitted by law,
where the benefit of any such condition, warranty or other obligation is conferred upon the Student pursuant to any of the Acts, CB121’s sole liability for breach of any such condition,
warranty or other obligation is limited to:
(a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
11. Force majeure
11.1. CB121 shall have no liability to the Student under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business by
a Force Majeure Event.
12.1. If there are any inconsistencies between the terms of this Agreement and the Policies and Procedures, the terms of this Agreement will prevail to the extent of the inconsistency.
12.2. This Agreement is governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the
Courts of the State of New South Wales, Australia.
12.3. If the whole or any part of any clause of this Agreement is illegal or unenforceable, that part or whole of that clause will be severed and will not affect the continued operation of the
12.4. This Agreement replaces all prior agreements between CB121 and the Student (whether written or verbal) and all prior statements or promises made by CB121 or its
Personnel. The parties agree that this Agreement embodies their entire understanding and agreement.
12.5. No variation, alteration or addition to this Agreement shall be of any force or effect unless it is in writing and signed by the parties.