TERMS & CONDITIONS

 

By enrolling as a student at JDC Studios, You are hereby agreeing to the following terms and conditions: 

 

1. Definitions 


Fees means the fees for the provisions of Services as set in the Class Fee 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 sub-contractors.


Personnel includes any officer, employee, agent, teachers, contractor, sub-contractor or consultant of JDC Studios.


Policies and Procedures means the policies and procedures that apply to the Services, available at [http://www.jdcstudios.com], as updated from time to time, which form part of this Agreement.


Privacy Policy means the JDC Studios Privacy Policy, available at [http://www.jdcstudios.com], as updated from time to time, which forms part of this Agreement.


Premises means the dance studio situated at 3/47 Rebecca Drive, Ravenhall Victoria 3023 (or such other premises of JDC Studios from time to time).


Registration Form means the registration form which a person completes to register their interest in enrolling as a Student at JDC.


Services (or classes) means all classes, performances and competitions, Student (or You) means the individual named on the Registration Form and includes the parent/ guardian (where applicable).


Website means the JDC Studios website located at www.jdcstudios.com or any other internet site notified by JDC Studios from time to time. 

2. Conditions of enrolment 

The Student agrees and acknowledges that by completing and submitting the Registration Form the Student has agreed to abide by these terms and conditions. The terms and conditions with you also include the Registration Form, the Policies and Procedures, Video and Photograph Consent Form and the Privacy Policy (collectively the Agreement). 

The Student must complete the Enrolment Form and agree to pay the Fees as set out in the Class Fee Schedule. 

The Student must comply with the Policies and Procedures. 

The Student must be medically fit to attend or participate in the classes. It is the responsibility of the Student to notify JDC if they are ill or injured. JDC may deem (at its sole discretion) that a Student is not medically fit to attend or participate in the classes. If requested, the Student must provide sufficient medical information to JDC to satisfy JDC that the Student is medically fit to participate in the classes. JDC is not able to provide advice concerning medical fitness to attend or participate in the classes and that it is the student’s responsibility to seek medical advice in this regard. 

The Student must complete a Video and Photograph Consent Form upon enrolment. 

JDC at it’s 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. 

The minimum enrolment period is one term. For new students joining after the start of a term, Fees will be charged pro-rata. The term dates are available on the Website (as updated from time to time). 

Registration is subject to the availability and applicable pricing at the time of registration. Where a class is full, the Student may be placed onto the waiting list. 

JDC reserves the right to cancel or change classes at any time. 

3. Fees 

Term Fees must be paid via the Ezi Debit Direct Debit Payment System. Please refer to our Terms and Conditions Item 8 for payment plan options. The Ezi Debit application form is available on the enrolment page and must be completed and uploaded to your enrolment form before your enrolment to be confirmed. Term Fee payments will no longer be accepted at the studio.


The following Ezi Debit transaction charges are applicable:
 

Bank Account Transaction Fee: $1.10

Credit Card VISA/Mastercard: 2.20% (Min $1.10)
Transaction Fee: AMEX/Diners: 4.40% (Min $1.10)


By signing the enrolment form you are acknowledging that you have received, read, understand and accept all Terms and Conditions. Please read these carefully before signing your enrolment form and refer to this page for future reference:

 

1. A non-refundable registration/administration fee per student (as shown on the Enrolment Form) is payable upon enrolment each year.      The $50.00 enrolment fee is deducted of your term fees. 

2. A signed enrolment form for each student and the enrolment fee must be received for each new year of enrolment (or prior to the commencement of any classes for enrolments taken throughout the year)

3. All active enrolments will automatically continue into each new term within each Calendar year and will be invoiced accordingly. If you      do not want to continue into a new term, written notification to accounts@jdcstudios.com must be given by the end of the previous term, save and except for Item 17 hereof. If notification is not received, then full current Term fees will be payable.

4.Once enrolled students must complete the term in the classes selected. Change of class can only be made at the commencement of        Term 1 and Term 2 and only if vacancies exist. No change of class is possible after the end of Term 2 due to concert preparations.

5.Term fees are charged on a term basis. Once enrolled, full Term fees for all classes will be invoiced prior to the commencement of           each term and will be emailed to the email address provided on the enrolment form.

6.Payment for Term fees will only be accepted via the Ezi Debit direct debit system. You can choose payments to be processed from your bank account or accepted Credit Cards (Mastercard, Visa, American Express). Term Fee payments will no longer be accepted at the Studio.

7. The Ezi Debit direct debit application form must be completed and submitted at the same time otherwise enrolment will be considered cancelled.

8. Customers may choose to pay in a single payment, or by installments weekly, fortnightly or monthly. Payment frequency must be nominated on the Enrolment application Form.

9. The following Ezi Debit  transaction charges will apply:

Bank Account Transaction Fee: $1.10

Credit Card VISA/Mastercard: 2.20% (Min $1.10)
Transaction Fee: AMEX/Diners: 4.40% (Min $1.10)

10. Term fees do not include payment for any uniform items, annual performance costumes, workshops, competition costumes or competition entries. *A costume hire fee between $5.00 to $10.00 will be added to each competition entry.
11. A three day Intensive Holiday Program will take place during the school holidays in term 1 at a total of $175.00. This is compulsory for all competition students but also open to all students enrolled at JDC. This payment is added to your term 2 invoice.

12. No pro-rata fees or discounts to Term fees will be applied for any absences due to illness, family vacations, school commitments, other extra curricula activity commitments, religious holidays or withdrawal from a class at any time once the term commences. There are no make up classes provided for missed classes when a student is absent for any reason.

13. There will be no classes held on public holidays, school holidays or Concert Days unless advised otherwise. No pro-rata fees, discounts or make up classes are applied for any days where classes are not held.

14. All discounts offered are as stipulated in the Fees and Charges document.
15. A three day Intensive Holiday Program will take place during the school holidays in terms 1 and term 2 at a total of $175.00. This is compulsory for all competition students but also open to all students enrolled. This payment is added to your direct debit account.

16. In order to participate in any Annual Concert performances, all payments must be current and up to date.

17. If you are enrolling your child in the Competition Team, Vocal Solo, Dance Solo or Extension program (a 12 month contract will apply with Ezi Debit) Term fees can be paid over a full year on a weekly, fortnightly, quarterly or monthly basis with payments processed through the Ezi Debit direct debit system. Should you prefer bank transfer payments please email info@jdcstudios.com for approval.
18. For students wishing to undertake examinations at JDC, to sit an exam an additional $100.00 per style/level will be invoiced accordingly. If you do not wish for your child to sit his/her exam please email the studio 6 weeks prior to the exam date to avoid examination costs.

 

 

4. Refunds 

 

Unless otherwise stated in this Agreement and to the extent permitted by law, if a Student misses a class or solo class (wholly or partly) or withdraws from JDC for whatever reason, the Student will not be entitled to a refund of the Fees. This ensures JDC can maintain a stable learning environment for all Students with minimum class disruptions. Teachers are also hired based on full term periods. Notwithstanding any other provision of this Agreement, JDC may, at its absolute discretion, provide the Student who has missed a class or has withdrawn from JDC due to illness or injury, with a booking credit or full refund of the relevant Fee, provided the Student can provide JDC with medical proof (eg medical certificate) of their illness or injury. Refunds/Makeup lessons are not available for solo classes unless a solo class has been cancelled by the studio. Solos missed for Competitions/school productions/professional performances are also not entitled for a makeup lesson.

 

To the extent permitted by law, there will be no refunds in any circumstances for: 

1.    (a)  Costume hire fees or costume purchase fees

2.    (b)  Showcase Tickets 

3.    (c)  Enrolment fees, Class fees, Solo Fees

4.    (d)  Showcase fees (including dvd, photo orders, tickets etc).

5.    (e) Competition and/or Holiday Program Fees/Entries (Including competition uniform)

6.    (f ) Examination Fees
7.    (g) Withdrawal of enrolment or missed classes

 

5. Expectation 

 

The Students is expected to attend all scheduled classes and rehearsals throughout the year. JDC must be notified if a student will be absent from class. 

 

JDC must be notified in advance if the Student wishes to withdraw from the classes. In the event the Student is absent from class without reason from more than 2 classes in a row, JDC may, at its absolute discretion, terminate the Services and, to the extent permitted by law, no refund will be given. 

 

Where the Student is a competition level Student s/he is expected to be available for all scheduled performances throughout the year. Absence from a scheduled event will result in immediate withdrawal from the class, group and/or program. 

 

The Student must be on time for classes and dressed in the correct uniform. 

 

In the event of illness the Student will notify JDC. 

 

If a class is cancelled by JDC for whatever reason (excluding a Force Majeure Event) JDC will offer affected Students a credit. 

 

6. Intellectual property 

 

You acknowledge that JDC 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, JDC at, or in relation to, a JDC class or event, and You
are not entitled to any remuneration, royalties or any other payments from JDC in respect of the use by JDC 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, JDC. 

7. Personal conduct 

 

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 JDC. 

 

Should the Student violate the Policies and Procedures or engage in any behaviours or practices that are deemed to be inappropriate or unsafe, JDC reserves the right, to immediately, without further notice to You, terminate the Services, and, to the extent permitted by law, no refunds will be given. 

8. Loss and damage 

 

JDC is not responsible for students personal property, for any lost, stolen or damaged to personal property. Personal property is brought to classes at the Student’s own risk. 

 

The Student will be liable for loss, injury or damage caused by an act or omission of the Student to anyone else or to JDC’S property including without limitation the Premises, equipment, costumes, uniforms, props
or other property (JDC Property). In such an event, without limiting any other remedies available to it at law, JDC reserves the right to charge the Student the full cost of either (at its discretion) repairing or replacing the JDC Property. 

 

9. Release and Indemnity 

 

Although JDC 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. 

 

To the extent permitted by the law, the Student agrees to release, indemnify and hold harmless, JDC 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: 

1.    (a)  a breach by the Student of any of their obligations under this Agreement; 

2.    (b)  any act or omission (whether negligent, dishonest, fraudulent or otherwise) of JDC; 

or 

3.    (c)  the Student’s attendance or participation in the classes and their use of the Services. 

 

Each indemnity is a continuing obligation and survives termination or expiration of this Agreement. It is not necessary for JDC to incur expenses or make any payment before enforcing a right of indemnity under this Agreement. 

 

10. Liability 

 

To the extent permitted by law the aggregate of JDC’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. 

 

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 JDC are excluded by this Agreement. 

 

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, JDC’s sole liability for breach of any such condition, warranty or other obligation is limited to: 

1.    (a)  in the case of services, supplying the services again or payment of the cost of having the services supplied again; and 

2.    (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 

 

JDC 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. General 

 

If there are any inconsistence’s between the terms of this Agreement and the Policies and Procedures, the terms of this Agreement will prevail to the extent of the inconsistency. 

1.    This Agreement is governed by and must be construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the 

Courts of the State of Victoria, Australia. 

2.    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 remaining provisions. 

3.    This Agreement replaces all prior agreements between JDC and the Student (whether written or verbal) and all prior statements or promises made by JDC or its Personnel. The parties agree that this Agreement embodies their entire understanding and agreement. 

4.    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. 

5.    This clause and clauses 3, 4, 6, 7.2, 8, 9, 10 and 11 survive termination of this Agreement 

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ABN: 21 472 617 747

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