TERMS & CONDITIONS

DANCING THROUGH LIFE STUDIOS TERMS OF USE

Welcome to Dancing Through Life Studios. Our website www.dancingthroughlifestudios.com.au and its associated domains and apps (“ Sites ”) are operated by Dancing Through Life Studios (collectively, “ DTL Studios ”, “DTLS”, “ us ”, “ our ” or “ we ”).

DTLS delivers various services, including, but not limited to, taking bookings for our studio classes, online classes, private lessons, choreography services, memberships, selling merchandise (“ Services ”). The Services can be delivered via the Sites, via email, over the telephone or in-person at our studio, with the location of our studio being subject to change at DTLS’ discretion.

By accessing or using DTLS’ Sites and/or Services, you agree to be legally bound by the following terms and conditions (the “ Terms of Use ”). Please read our Terms of Use carefully. If you do not agree with any part of these Terms of Use you should refrain from using the Dancing Through Life Studios Sites and/or Services. We may change, modify, add or delete portions of the Terms of Use from time to time at our sole discretion and your continued use of the Sites and/or Services constitutes your acceptance of those changes. It is your responsibility to regularly check and/or review these Terms of Use and to decide whether you agree to abide by them and be bound by them. If you do not agree to be bound by or abide by these or any future Terms of Use, please do not use or access (or continue to use or access) the Dancing Through Life Studios Sites and/or Services.

1. Access and Use

1.1 You must not use the Dancing Through Life Studios Sites and/or Services, in any manner or for any purpose which is unlawful or contrary to these Terms of Use.

 

1.2 DTLS reserves the right to elect not to provide the Services to you, process any booking or order you place or allow you access to the Sites, as a result of any conduct that DTLS, in its sole discretion, believes may breach the law, infringe these Terms of Use, violate the rights of DTLS or third parties, or is otherwise inappropriate for continued access and use of the Sites and/or Services.

 

2. DTLS Studio Classes

2.1 Before attending a studio class at DTLS, participants must provide DTLS with their first and last name, phone number and email address. DTLS will also request that you provide your mailing address, although you are not required to provide this information. If the dancer is younger than eighteen (18) years of age, their date of birth is required and parent/guardian is required to fill out their ‘Waiver and Pre-Dancing Form’.

 

2.2 By entering a DTLS studio class, you agree and acknowledge the following terms and conditions:

 

While DTLS takes all reasonable care in the conduct of its studio classes, it accepts no responsibility for injury or loss caused during the studio classes or whilst dancers are at or near the studio.

 

a) You acknowledge that the studio classes, while conducted in the safest possible conditions and under qualified supervision, may involve risks. You are aware of the risks involved in all aspects of studio classes. These risks include, but are not limited to; falls; strains; sprains; injury or death due to negligence on the part of myself, or other dancers around me. You are aware that any of these risks may result in serious injury or death to yourself.

b) You or your legal guardian are responsible for ensuring that you are physically and medically fit for our studio classes and that you have no existing medical conditions which precluded or should reasonably preclude your participation.

 

c) You or your legal guardian are responsible for your own belongings. DTLS does not accept responsibility for any lost, stolen or damaged property.

 

d) You acknowledge that you may be photographed or videotape during our studio classes. You hereby consent to this with notified permission of use of these photographs and/or videos without compensation, on the DTLS website or any editorial, promotional, advertising material produced and/or published by DTLS.

 

e) DTLS invites transgender, intersex and gender diverse dancers, staff and visitors to use the bathroom facilities at DTLS of the gender they identify as. DTLS does not condone the harassment of transgender, intersex or gender diverse individuals, and will not tolerate any such harassment. Any person who is uncomfortable or requires additional privacy can take advantage of the accessible facilities.

 

f) Dancers agree to strictly obey all DTLS staff, employees, dance teachers and instructors and observe safety rules.

 

g) You agree that you will conduct yourself in an appropriate manner and will always act in a manner that is in the best interest of DTLS. Be respectful and do not behave inappropriately towards other dancers, guests, our staff and outside providers. Examples of inappropriate behaviour include verbal or physical intimidation, harassment, discrimination on the basis of race, sex, age or any disability another person may have. Inappropriate behaviour, including intoxication or any physical, verbal or otherwise towards any DTLS employee, dancer or guest, may result in cancellation of your class and removal from the studio. DTLS reserves the right to refuse entry to any persons at its absolute discretion.

 

h) DTLS takes all reasonable care to minimise the risk of infection of COVID-19 at its studio, however you attend at your own risk and it accepts no responsibility for illness or loss caused by attending a dance class or related activity.

 

i) You will not attend a studio class at DTLS if you have a current positive COVID-19 test result, are awaiting the result of a COVID-19 test, have come into contact with a known case of COVID-19 or are experiencing symptoms of cough, sore throat, shortness of breath or fever.

 

2.3 All purchases for studio classes are final, non-refundable and non-transferable. Classes cannot be extended and cannot be shared.

 

2.5 Bookings for term classes are only valid for the dates selected when booking. No refunds or exchanges will be made if you are unable to attend a class during our term dates selected when you make your purchase.

 

2.7 DTLS Gift Cards cannot be replaced or refunded if lost, stolen or damaged, and cannot be exchanged for cash.

 

2.8 Our timetable and teachers for all studio classes may be subject to change without notice.

3. DTLS Online Classes

3.1 Before logging onto a DTLS Online class, participants must provide DTLS with their first and last name, email address, payment information. DTLS will also request that you provide your telephone number and mailing address, although you are not required to provide this information. If the dancer is younger than eighteen (18) years of age, their date of birth is required and parent/guardian is required to fill out their ‘Waiver and Pre-Dancing Form’.

 

3.2 By signing up for a DTLS Online class you agree to opt in to receive emails regarding booking confirmations and Zoom class links.

 

3.3 Online classes are delivered via ZOOM, a video communications platform, and in order to participate in a DTLS Online class you will need to sign up to Zoom and accept their terms of service which can be found at https://zoom.us/terms

 

3.4 By logging into a DTLS Online class, you agree and acknowledge the following terms and conditions:

 

a) While DTLS takes all reasonable care in the conduct of its classes, it accepts no responsibility for injury or loss caused during the online classes or whilst dancers are at or near the studio.

 

b) You acknowledge that the online classes, while conducted in the safest possible conditions and under qualified supervision, may involve risks. You are aware of the risks involved in all aspects of studio classes. These risks include, but are not limited to; falls; strains; sprains; injury or death due to negligence on the part of myself, or other dancers around me. You are aware that any of these risks may result in serious injury or death to yourself.

 

c) You or your legal guardian are responsible for ensuring that you are physically and medically fit for our online classes and that you have no existing medical conditions which precluded or should reasonably preclude your participation.

 

d) During the online class, you must take care at all times of your own personal safety.

e) All dancers are to ensure that there is no background or other noise/images that in any way interfere with or otherwise impact the classes, other than as requested by DTLS staff.

 

f) You have set up a safe dance area/space in your home (or outside) that is free from any obstacles or danger.

 

g) You acknowledge that you may be photographed or videotape during our online classes. You hereby consent to this with notified permission of use of these photographs and/or videos without compensation, on the DTLS website or any editorial, promotional, advertising material produced and/or published by DTLS.

 

h) Dancers agree to strictly obey all DTLS staff, employees, dance teachers and instructors and observe safety rules.

 

i) You agree that you will conduct yourself in an appropriate manner and will always act in a manner that is in the best interest of DTLS. Be respectful and do not behave inappropriately towards other dancers, guests, our staff and outside providers. Examples of inappropriate behaviour include verbal or physical intimidation, harassment, discrimination on the basis of race, sex, age or any disability another person may have. Inappropriate behaviour, including intoxication or any physical, verbal or otherwise towards any DTLS employee, dancer or guest, may result in cancellation of your class and removal from the online class. DTLS reserves the right to refuse entry to any persons at its absolute discretion.

 

g) If for any reason you are late to our online class, are disconnected due to poor phone/internet connection or device failure you agree to accept the charge of the class it is up to you to reconnect, using the given link and/or login ID and password.

 

3.5 All purchases for online dance classes are final, non-refundable and non-transferable. However, if DTLS experiences any technical difficulties resulting in excessive delay or termination of the class we will transfer the cost of the class towards your next online class.

 

3.7 Our timetable and teachers for all online classes may be subject to change without notice.

4. DTLS Private Lessons

Prior to attending a private lesson with DTLS, you acknowledge that;

 

4.1. 50% deposit to secure all private lesson bookings

4.2. If you cancel your private lesson within less than 24hrs notice you will be charged the full amount for your private lesson.

 

a) While DTLS takes all reasonable care in the conduct of its private lessons, it accepts no responsibility for injury or loss caused during private lessons or whilst dancers are at or near the studio.

 

b) You acknowledge that the private lessons, while conducted in the safest possible conditions and under qualified supervision, may involve risks. You are aware of the risks involved in all aspects of private lessons. These risks include, but are not limited to; falls; strains; sprains; injury or death due to negligence on the part of myself, or other dancers around me. You are aware that any of these risks may result in serious injury or death to yourself.

 

c) You or your legal guardian are responsible for ensuring that you are physically and medically fit for our private lessons and that you have no existing medical conditions which precluded or should reasonably preclude your participation.

 

d) You or your legal guardian are responsible for your own belongings. DTLS does not accept responsibility for any lost, stolen or damaged property.

 

e) You acknowledge that you may be photographed or videotape during our private lessons. You hereby consent to this with notified permission of use of these photographs and/or videos without compensation, on the DTLS website or any editorial, promotional, advertising material produced and/or published by DTLS.

 

f) DTLS invites transgender, intersex and gender diverse dancers, staff and visitors to use the bathroom facilities at DTLS of the gender they identify as. DTLS does not condone the harassment of transgender, intersex or gender diverse individuals, and will not tolerate any such harassment. Any person who is uncomfortable or requires additional privacy can take advantage of the accessible facilities.

 

g) Dancers agree to strictly obey all DTLS staff, employees, dance teachers and instructors and observe safety rules.

 

h) You agree that you will conduct yourself in an appropriate manner and will always act in a manner that is in the best interest of DTLS. Be respectful and do not behave inappropriately towards other dancers, guests, our staff and outside providers. Examples of inappropriate behaviour include verbal or physical intimidation, harassment, discrimination on the basis of race, sex, age or any disability another person may have. Inappropriate behaviour, including intoxication or any physical, verbal or otherwise towards any DTLS employee, dancer or guest, may result in cancellation of your class and removal from the studio. DTLS reserves the right to refuse entry to any persons at its absolute discretion.

 

i) DTLS takes all reasonable care to minimise the risk of infection of COVID-19 at its studio, however, you attend at your own risk and it accepts no responsibility for illness or loss caused by attending a dance class or related activity.

 

j) You will not attend a private lesson if you have a current positive COVID-19 test result, are awaiting the result of a COVID-19 test, have come into contact with a known case of COVID-19 or are experiencing symptoms of cough, sore throat, shortness of breath or fever.

 

5. DTLS Choreography Services

 

 

6. DTLS Merchandise

 

6.1 DTLS merchandise can be purchased at the studio or online here.

 

6.2 Any access or use by you of the Merchandise Websites, including any purchase of merchandise, will be subject to the terms and conditions applicable to the Merchandise Websites.

 

7. Online Payment Methods

 

7.1 DTLS accepts online payments via Stripe when purchasing studio classes, online classes, private lessons, choreography services, merchandise, DTLS Memberships and DTLS gift cards.

 

7.2 By purchasing a product via our Sites and/or Services, you agree to provide the full payment for a product through our Sites and/or Services at the time of your purchase.

 

7.3 All prices listed or specified via the Sites and/or Services:

 

a) are in Australian dollars unless otherwise specified;

 

b) are fixed once your order has been confirmed, subject to payment being made at the time of purchase (unless expressly approved otherwise by DTLS); and

 

c) may change, at DTLS’ discretion, without notice.

 

7.4 By making a purchase via the Sites and/or Services, you undertake and warrant that:

 

a) all information you have provided for the purpose of booking or purchase/s is correct and not misleading;

 

b) you are fully entitled to use the payment card or account used to pay for your order; and

 

c) have sufficient funds in your payment card or account to cover the proposed payment.

 

6. DTLS Promotions, Offers and Competitions

 

DTLS may use the Sites to run competitions and other promotional offers. You acknowledge that by participating in such competitions and promotional offers, you have read and agree to be bound by any additional terms and conditions applicable to those competitions and promotional offers.

9. DTLS Privacy Policy

9.1 DTLS’ Privacy Policy (read here) forms part of these Terms of Use and includes important information about how we may retain and use personal information about you gathered in the course of your engagement with the Sites and/or Services.

 

9.2 By using this Sites and/or Services, you consent to DTLS retaining and using your personal information in accordance with our Privacy Policy.

 

10. Intellectual Property

 

10.1 We are the sole and exclusive owner or authorised licensee of our content on the Sites and shared via the Services, including, but not limited to visual and/or interactive elements, graphics, videos, choreographic elements, design, code, software, reports, copyrights, trademarks, logos, trade names, and other intellectual property rights associated with DTLS throughout the world.

 

10.2 You do not have any rights, title or interest, including, but not limited to the copyright, or other content incorporated into the Sites and/or Services.

 

10.3 Nothing displayed on the Sites and/or Services should be construed as granting any right of use in relation to any intellectual property displayed on the Sites and/or Services without the express written consent of DTLS, except to the limited extent provided for under these Terms of Use.

 

11. Disclaimer

 

11.1 You use the Sites and/or Services at your own risk.

 

11.2 Notwithstanding anything in these terms of use and to the maximum extent possible at law, we exclude all liability:

 

a) whatsoever in relation to your use of the website or any breach of these terms of use;

 

b) arising from any cancellation, error or interruption in the sites and/or services, whether caused by us or not;

 

c) arising from any defect, corruption, attack, virus, trojan horse, interference, hacking or other security or technical intrusion in connection with the sites and/or services;

 

d) whatsoever in relation to your reliance on the accuracy, completeness or professional soundness of the content of our sites and/or services;

 

e) whatsoever in relation to any cancellation, loss, damage, injury in relation to any ticket purchase, performance, purchase or class.

 

12. Liability and Indemnification

 

12.1 Notwithstanding anything in these Terms of Use, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from:

 

a) your use of the Sites and/or Services;

 

b) breach of these Terms of Use and/or any warranty contained herein by you or your representative; or

 

c) use of the Sites and/or Services by you on behalf of any other person.

 

12.2 To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to:

 

a) in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or

 

b) in relation to goods, the replacement of the goods, the supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired.

 

12.3 In no event will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including, but not limited to financial loss and/or loss of profits, revenue, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Sites and/or Services.

 

13. DTLS Sites and Services Modifications

 

Dancing Through Life Studios reserves the right to modify, including but not limited to the right to discontinue, the Sites and/or Services.

 

14. Serverabillity

 

In the event that any part of these Terms of Use is held to be unenforceable, that part will be severed and the remaining provisions will remain in full force and effect.

 

 6. DTLS Terms and Conditions Agreement

 

These Terms of Use constitute the entire agreement between you and us, and do not create any relationship of agency, trust or attorney between any persons.

 

16. No Waiver

 

No waiver of any provision of these Terms of Use will be effective unless agreed in writing between the parties.

 

17. NSW Governing Law

 

These Terms of Use are governed by the laws of New South Wales and you hereby submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use.

 

18. Contact DTLS

 

If you have any concerns or complaints about these Terms of Use or you think that the Sites and/or Services have been accessed or used by another user in breach of the Terms of Use, please email us at info@dancingthroughlifestudios.com.au.