Terms and Conditions
We look forward to seeing you at our classes. When you make a booking or subscription, please make sure you are familiar with the terms and conditions, including refund, cancellation and no-show policies:
This agreement is between Luisa Helena Perez Mujica, trading as Dance On Newy (referred to within these terms & conditions as “DON”) and anyone who subscribes, buys, books or attends any of DON’s services. By subscribing, buying, booking or attending any of DON’s services you agree to be bound by the terms and conditions below as well as for any future purchases.
All DON products and services are NON-REFUNDABLE. Please see ‘Cancellations & Refunds’ section for our policy on missed classes or how to cancel or suspend your membership and if you are eligible.
ACCOUNT INFORMATION AND PERSONAL DETAILS
It is your responsibility to maintain up-to-date contact details with DON and to check your emails including ‘spam/junk’ mail to ensure you receive all information necessary from DON, as well as to check our website and social media pages for important updates. If you do not receive confirmation of a booking, subscription or other communication that you requested, please contact us using the details on this website or via our Facebook page.
CLASS CANCELLATION POLICY
To ensure all students have equal opportunity to participate in our classes, from the 20th of April 2021, the following will apply for class cancellations:
If you wish to cancel a CASUAL CLASS, you must notify us BEFORE1.30pm the day of the class with a valid reason such as illness or unavoidable circumstance, or this will be considered a “Late Cancellation”. Please contact DON if you need to discuss further.
Any online payments will be refunded at DON’s discretion.
Only ONE late Cancellations or no-show to class will be accepted. Any late cancellations or no-shows thereafter may incur additional charges.
Continuation of failure to attend classes may result in cancellation of future bookings.
PAYMENTS - General Terms
All services provided by DON must be paid in advance. Any outstanding amounts in your account must be paid before you can attend classes or any services provided by DON, which include but are not limited to: group classes, private classes, workshops, memberships or special events.
If you have attended any of our classes, events, workshops etc, your credit card/bank account may be charged automatically. We have the right to charge your credit card for any outstanding amounts. Any declined or missed payments must be cleared before attending any future classes or services provided by DON.
If you are on a weekly membership, your membership fee will be charged upon subscription and each week thereafter until cancelled.
To cancel your membership with DON, please contact us on 0425715008 or firstname.lastname@example.org, or via Facebook messenger and we will cancel your subscription with 48 hours.
If you notify us of your decision to cancel less than 24 hours before your next weekly debit, your membership cancellation will be effective from the following week.
We will debit your membership fee from your nominated account or credit card on the same day every week.
Your debits will appear as “Dance On Newy” on your credit card or bank statements.
If debit dates fall on a public holiday, your account or credit card may be debited on the next business day. Debits may take up to 5 days to come out of your account.
It is your responsibility to:
ensure your account has enough funds for us to charge your membership fees on a weekly basis.
tell us if you are transferring or closing your account, at least 48 hours before your next direct debit.
tell us about any changes to your credit card details, at least 48 hours before your next direct debit.
You must provide us with a valid credit card for the duration of your membership with DON, including updating if card has expired or is no longer valid. Failure to provide an updated credit card immediately upon request may result in termination of your membership.
What happens if your direct debit fails?
If you do not have sufficient funds to fully pay your fees on the due date, we will suspend your access to classes until your payments are up to date. Should we continue to be unable to collect payment, we will contact you and ask you to nominate an alternative bank account or credit card for direct debit, or to pay all unpaid fees in person before attending or booking any future classes or other services with DON.
CANCELLATIONS & REFUNDS
Can I have refund?
No refunds will be given for change of mind or due to circumstances that are reasonably within your control. Refunds or alternative arrangements for missed classes or other services will be considered on a case by case basis under exceptional circumstances such as illness, injury, grievances or extreme weather events such as bushfires or floods that prevent a participant from attending the class.
Can I transfer my membership?
Yes, memberships can be transferred only once, subject to approval and additional fees may apply. Please contact DON to discuss if you wish to transfer ownership of a membership to another individual.
Can I cancel my membership?
Yes, you can cancel your membership at any time and you will. The cancellation of your membership will be effective 7 days from the day of your last scheduled payment. Refunds will not be provided for the last debit made prior to cancellation.
How can I cancel my membership?
Simply send an email to email@example.com allowing at least 3 business days to process. You must ensure any outstanding balance is paid before the cancelation can be activated. All communication regarding changes to your membership must be done in writing. Once your membership has been cancelled, it cannot be reinstated and you must purchase a new membership at your own cost.
Can DON cancel my membership or other services?
We reserve the right to cancel your membership or other services including packages and casual classes should your direct debit payments continue to be unsuccessful and no alternative method of payment is provided in a timely manner, or if you refuse to abide by administrative requirements or other requirements in the Terms and Conditions. In the event that you have had your membership cancelled by DON and you wish to use any of DON’s services, classes or memberships in the future, you will be requested to pay any outstanding debt from previous services. DON may request payment upfront before approving any future participation in DON's services.
Can I suspend or pause my membership?
Yes, the memberships can be suspended in 30 day increments and with the maximum suspension time of 3 months per calendar year. If the membership is not resumed within 30 days, you will be notified by DON staff and if no action is taken with a further 10 business days, your membership will be cancelled and you will need to register and purchase a new subscription.
Can I pause or extend my Casual Class or Package?
No. Any non-membership payment option cannot be paused, suspended or extended except under exceptional circumstances as outlined in these Terms and Conditions.
How do I suspend my membership?
Membership suspension requests must be done in writing via email to firstname.lastname@example.org allowing at least 3 business days to process. Any outstanding fees must be paid prior to suspensions being approved.
HEALTH RELATED RESTRICTIONS
Studio rules, class format and number restrictions are subject to change at any time when government restrictions and recommendations deem necessary. This may include reduced class sizes, in-person to online format, mask requirements, and restrictions of entry for people from virus hot-spots. Any additional health-related restrictions will be introduced at DON’s discretion.
Any person booking or purchasing any of DON's services as of 20th April 2021 understands and agrees that any sudden change in the global climate, including any Covid-related restrictions, will not affect the conditions of the membership or other services. All membership suspensions will be considered in-line with the regular suspension terms and conditions from 20th April 2021.
PUBLIC HOLIDAYS & ANNUAL BREAKS
Cancellation of classes
DON reserves the right to cancel classes due to unforeseen circumstances, on public holidays, over the period of large industry events and up to 4 weeks over the end of the year break. We will make a reasonable effort to inform cancellation of classes in advance via our social media channels, at usual venue and during classes. These cancellations will not change the terms of your membership or other services with DON.
Can we increase your fees?
Our fees are displayed on the website. In case of discrepancy of fees displayed on the website and other communication, written or verbal, the fees advertised on the website must be considered the correct ones.
We reserve the right to increase our fees at any time without notice. We will make a reasonable effort to inform you and all students of any increase of fees in advance via email or in writing by other means. If we don’t hear from you, we will consider that you have agreed with the new fees. Any fee increase will only affect you after the expiry date of your current membership or if you make a new booking for services with DON.
PRIVATE AND SEMI-PRIVATE CLASSES, PERFORMANCES OR WEDDING CLASSES
Prices are inclusive of venue hire at our usual place of business at the time of booking.
Bookings can only be confirmed upon full payment.
Private classes and associated packages are non-refundable but can be credited and used towards other DON services upon approval.
Private classes or associated packages with DON are valid for 1 year from the date of purchase and cannot be extended.
All packages must be paid upfront and in a single transaction unless otherwise approved by DON.
Cancellations with over 24hrs notice: class can be re-scheduled at no cost.
Cancellations with less than 24hs notice or no show cannot be rescheduled and not refundable.
Respecting our facilities
You are responsible for using our facilities with care. Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence. Children must not be brought onto the premises without approval by DON, and when approved, must be supervised at all times.
Keeping your belongings safe
Please keep your belongings safe and do not bring valuables into the studio. Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the Mayfield Senior Citizens Centre and any items on the premises are not the responsibility of DON or staff.
Refusal of Entry
We hold the right to refuse entry to anyone, or to request you to leave the premises at any time. If required, DON staff will discuss appropriate action including but not limited to, termination or suspension of memberships, refusing participation in classes or attending any DON events. We can refuse your attendance without warning if you behave in a way that is risky or seriously inappropriate, such as:
Threatening or harassing others
Using illegal or performance-enhancing drugs
Instructing other members within classes when we have not authorised you to do so.
Refusing to cooperate with instructors or staff’s instructions.
You understand that certain classes and choreographies require physical contact and close proximity with dance partners including holding of hands, leading the partner with physical cues, lifts and other moves. We expect all participants to behave in a safe and appropriate manner at all times. If you are uncomfortable with participating, you must contact DON staff immediately so that we can guide you in finding a more suitable class for you.
Numbers are restricted, and classes are filled on a first come first served basis. DON is not responsible for any missed opportunities to attend classes should there be no more places available at the time of booking.
Schedules and instructors
We reserve the right to add, change or remove classes and instructors on our schedule without notice. The most up-to-date timetable will be available at our website, however last-minute changes of instructors or services can occur.
In attending our classes, we trust that you are in good health and physical condition and that you know of no medical or other reason why you cannot or should not engage in active or passive exercise. Our staff and contractors are not medically trained or qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting classes with us.
You understand there are specific risks of physical or property damages, losses, or injury that may result from your participation with DON classes, and you voluntarily assume the risks associated with such participation.
All DON services, including but not limited to classes, workshops, etc are designed for adults over the age of 18.
By attending any of our classes, you agree that you are over the age of 18.
Anyone under the age of 18 wanting to attend classes or any of our services, must be accompanied by a parent or supervising adult and seek prior approval from DON.
If you appear to be under the age of 18, you may be asked to provide ID to prove your age. DON has the right to refuse entry to anyone under the age of 18 not accompanied by an adult or anyone who fails to present a valid ID.
Statement of Commitment
DON is committed to protecting your privacy and any personal information we collect. DON complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal information. DON is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously.
Collecting personal information
DON will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a participant or prospective participant of our services. We collect personal information primarily to enable us to provide participants with our services. DON may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth). You don’t need to identify yourself when you deal with us (e.g. to find out more about membership packages) however in certain situations we will only deal with individuals who have identified themselves to us. When a membership is purchased, personal information will be requested in order to provide the requested service, provide updated information, and advise of other DON services, which may be of interest. You are not obligated to provide personal information however failure to do so may result in DON being unable to provide services or products to you. Personal information is collected directly from clients or potential future clients when they complete an online form, make a purchase or otherwise disclose their details to become a client of DON. This can be done in person at the studio reception or online via our website.
Using and disclosing your personal information
Personal Information will be used for the following primary purpose:
To fulfil obligations under a participants agreement as part of their membership or participation in any services and/or any other contract between the participant and DON;
To render services under a participant’s membership agreement;
To provide information about products, service and/or special offers to participants;
To obtain opinions or comments about products and/or services from participants;
To record statistical data for marketing analysis from members.
DON may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes other than what is approved by DON.
DON recognise the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of DON, or any member of the public, or to lessen a serious threat to a person’s health or safety.
Contact by DON
If an individual receives communications from DON which they do not wish to receive, they may request to have their name removed from the database by contacting DON via email or other means.
Individual’s right of access
Individuals have the right to review, amend or delete personal information that may be recorded on the DON database. Information may be reviewed, amended or deleted by written request sent via email, in our website in the ‘my info’ section or at the studio’s reception. A request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information or incorrect information being provided may result in DON being unable to communicate with you when required.
Storage and security of personal information
DON takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format. DON employees and data processors are obliged to respect the confidentiality of any personal information held by DON. DON only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority from the participants and company staff. Employees of DON are prohibited from sharing any personal information outside of DON services or without prior written approval from staff, including the use of participant information for external interests or businesses not associated directly with DON services.
DON and links to other web sites
DON provides links to websites outside of the DON site. These linked sites are not under the control of DON, and DON is not responsible for the conduct of companies linked to the DON website, nor for the performance or otherwise of any content and/or software contained in such external websites.
Understanding our rights
Allowing us to use your image
We sometimes film and/or photograph classes, rehearsals, parties and other activities at our venue or in other locations. It is possible that you will appear in these materials. By accepting this agreement, you allow us the unrestricted right and permission to use your image in printed or digital promotional materials including, but not limited to: websites, social media, flyers, banners and videos.
Change of location
We can change the location of the school at anytime. We will give you 7 days notice in writing via email or other means of communication provided by you.
Change of business name
We reserve the right to change our brand name at any time. This may occur in case we enter a partnership or merge with another institution. We may send you written notice via email outlining the details of any changes.
Which laws apply?
Your agreement is subject to Australian law and is governed by the state laws where DON is located. If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.
Restricting your rights to sue
Under the Competition and Consumer Act 2010, we guarantee that our services are:
provided with due care and skill.
fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve.
supplied within a reasonable time.
However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you accept the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.