Groove Nation Pty Ltd - Terms and Conditions

In this document:

Program means any Curriculum Compliant, School Dance Ensemble, Dance 'FIT', Dance for School Sport, Wakakirri, School Disco, Year 6 Farewell, School Holiday Program or Dance for Special Event to be provided by Groove Nation either in person or online (at the discretion of Groove Nation).
Program Commencement Date means the date of the first session of the Program.
Program Conclusion Date means the date of the last session of the Program.
School means the school that the Program is to be supplied to.
Student means the person enrolled in the Program.
Terms means the terms and conditions contained in this document.
We, us, our or Groove Nation means Groove Nation Pty Ltd ACN 622 578 821.
You or Your means the Student, or a parent or guardian of the Student (if the Student is a minor as defined under section 21 of the Interpretation Act 1987 (NSW)).

1. Agreement
1.1 These Terms constitute a legally binding agreement between You and Groove Nation for the provision of a dance Program offered through your School to the Student. By clicking to accept the Terms, you agree to all Terms outlined herein. If the Student is a minor, you represent and warrant that you have the legal power and authority to enter into this Agreement on behalf of the Student.

2. Enrolment and Fees
2.1 By enrolling the Student in a Program, you provide permission for the Student to participate in the Program run by us through your School.

2.2 Enrolment is on a term by term or yearly basis. For programs over 20 weeks, you may select to pay the Program Fees in two semesters or in full for the year (due dates are outlined in ticket description).

2.3 Payment of fees must be made in full for the duration of the Program at the time of enrolment either at the start of the school year or for each semester in advance of the Program Commencement Date.

2.4 Payments can be made via our third party payment processer on our website, app or other platform. The payment method you choose may be subject to additional terms and conditions or processing fees imposed by the applicable third party payment processor. Please review these terms and conditions before selecting your payment method.

2.5 To the extent permitted by law, our fees are non-refundable.

3. Maximum Numbers
3.1 Groove Nation is limited by some dance event organisers as to how many students are allowed on stage. Therefore, groups are usually capped at 30. We are also limited by how many students can be supervised during outings to performance events by school staff.
3.2 If your child misses out on a dance group spot, they may join on a waitlist. It is first in best dressed for non-audition dance groups.

4. Media Release
4.1 You acknowledge that media is captured at many of the dance events and festivals by the event organisers and/or by Groove Nation. Rehearsal videos and videos for staff training are also taken by Groove Nation from time to time. You agree for the Student to be photographed or filmed by event organisers of any dance event or festival and/or by Groove Nation.
4.2 You must indicate at the time of booking if permission is granted by you to Groove Nation to use photos or film of your child (the Student) for Groove Nation’s marketing purposes.

5. Your obligations

5.1 You acknowledge and agree that:
(a) The Program involves physical activity (which may include vigorous activity, movement and stretching);
(b) The Student is fit to participate in the Program;
(c) The Student has had the opportunity to be examined by a licenced medical practitioner and is physically able to perform all activities that form part of the Program;
(d) You will be responsible for any damage to any equipment used by the Student during the Program if such damage is caused by the Student's action or behaviour (including personal property of Groove Nation or others);
(e) All information provided to us by you is true, accurate and not misleading;
(f) Groove Nation may be required to contact you directly and you have provided accurate contact details at the time of booking for this purpose. In the event that those contact details change at any time, you must notify Groove Nation immediately.

6. Child Protection

6.1 Due to privacy and child protection obligations under State and Commonwealth legislation, no parent or adult shall be permitted to enter any dressing room, or area/space that may be used for children to prepare or finish classes or prepare for an event. Where a parent or legal guardian fails to comply with this clause, the enrolment of their Student will be terminated and the Student and their parent or legal guardian will not be permitted to attend any premises or performances of Groove Nation.

7. Changes to Classes, Rescheduling or Cancellations

7.1 Your school will determine if the Program is to be supplied by us in person or online.
7.2 In the event that the Student does not attend a scheduled class for any reason, the Fee paid for that class is forfeited and will not be refunded.
7.3 In the event that the School requests a scheduled class to be rescheduled to another date, we will use our best endeavours to reschedule a class provided that the School provides us with at least 24 hours prior notice. The rescheduled date will be agreed with the School. In the event that the Student is unable to attend the rescheduled date, the Fee paid for that class is forfeited and will not be refunded.
7.4 In the event that the School does not provide us with adequate notice to reschedule a class or we are unable to reschedule the class on another date agreed by the School and us, the Fees for the class will be forfeited and will not be refunded.
7.5 We may cancel a Program session by providing the School with at least 24 hours notice. If we cancel a Progress session, we will reschedule the class on a mutually agreed date with the School. In the event that a Program session is cancelled by us and the rescheduled date can not be mutually agreed with the School, we will refund or credit the Fee for that class.
7.6 No refunds of Fees will be provided by us after payment has been received for change of mind or any other reason which results in the Student not attending the Program.

8. Termination of this Agreement

8.1 We reserve the right to terminate the Student's enrolment with Groove Nation where any of the following occurs:
(a) while any of our Fees remain unpaid;
(b) if you or the Student fails to comply with any reasonable direction issued by any staff member of Groove Nation which compromises our ability to provide our services to students or compromises the safety and welfare of other students, teachers or staff of Groove Nation;
(c) for any other reason outside our control which has the effect of compromising our ability to provide the services to the Student;
(d) if, in our sole discretion, we consider that it is no longer appropriate to provide classes to the Student.
8.2 You may terminate this Agreement and the Student's enrolment by providing us with written notice. The Student's enrolment will be cancelled on the Program Conclusion Date. You will not be entitled to a refund of any fees paid by you for any unused portion of the Program.

9. Code of Conduct

9.1 Groove Nation is committed to providing an enjoyable experience for all Students. Groove Nation will not tolerate the following forms of unacceptable behaviour, whether at in person classes or events or during online classes and events: (a) verbal or physical abuse; (b) intimidation by a student or another student or intimidation by a Parent or Guardian of any student (including the Child of the Parent of Guardian); (c) discrimination in all its forms as defined under the Anti-Discrimination Act 1977(NSW) and other equivalent state and territory legislation around Australia and globally; and (d) harassment or threats of any nature towards Student, Parents and Guardians, or any employees or sub-contractors or third parties attending the Academy.

10. Release and Indemnity

10.1 You release and indemnify, hold harmless and forever discharge Groove Nation, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches and teachers of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that you or the Student ever had or may have, arising from or in any way related to the Student or the Student's enrolment or participation in any Program.

11. Maximum extent of any liability

11.1 Notwithstanding clause 10, your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and the Student's enrolment or participation in the Program shall be limited to, at our absolute discretion:
(a) Re-supply of the Program or any part of the Program; or
(b) The amount you paid us during the semester giving rise to the liability.

12 General

12.1 Entire agreement
These Terms supersede all previous agreements between us and embody the entire agreement between us.
Any previous correspondence, negotiations or representations between us do not bind either us or you and neither we nor you can rely on them.
12.2 Delegation
We may delegate or sub-contract the performance of any obligation in our absolute discretion.
12.3 No assignment
You may not assign the benefits or obligations under any agreement with us to any entity without our consent, which may be withheld in our absolute discretion.
12.4 Severance
If (but for this clause) a provision of these Terms would be illegal, void, unenforceable or contravene any law, these Terms are to be varied so as to give effect to the intention of the Terms or severed without affecting the enforceability of the other provisions and failing that, the offending provision is to be interpreted as if the provision was omitted.

12.5 Force majeure

Each of us will be released from our respective obligations under these Terms (except as to payment and indemnity) in the event of national emergency, war, prohibitive governmental regulations or where any other cause beyond the reasonable control of either you or us, including strike, riot, or lockout for a period of 7 days or more renders provision of the Program impossible.

12.6 Governing law and jurisdiction
These Terms and the transactions contemplated by them are governed by the law of New South Wales, Australia.
We each irrevocably submit to the jurisdiction of the courts of New South Wales, Australia and all courts called to hear appeals from the courts of New South Wales in respect of the Terms or its subject matter.

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Please visit https://www.trybooking.com/info/customer-terms-and-conditions for our terms and conditions.