Workshop Waiver and Terms | DA Choreo
Inherent Risks
Whilst there are many benefits to Dance Workshops, like all physical activities our dance sessions involve some risks of injury that are inherent to the activity “inherent risks”. The inherent risks include:
Over straining in a class;
Joint and muscle injuries;
Falls e.g. over other participants;
Impact injuries such as collisions;
Cardiovascular strain, e.g. exertion leading to fainting;
Postural issues from improper technique;
Environmental issues like uneven flooring or inadequate ventilation;
Tripping over chords from lights provided by the instructor; or
Death.
I am over 18 years old or a guardian of a minor under 18. I have read and understood that the Dance Workshops contain inherent risks. I understand the demands of Dance Workshops relative to my abilities (or that of my minor child), and I appreciate the types of injuries that may occur as a result of the Dance Workshops and their potential impact on my well-being and lifestyle (or that of my minor child). I confirm that my participation (or that of my minor child) is voluntary and that I (and my child) knowingly assume all inherent risks.
Health and Safety Rules
DA CHOREO PTY LTD [ABN 54680246119] has endeavoured to maintain the safety of the Dance Workshops by:
Ensuring one trainer maintains a current First Aid and CPR certificate, and ensuring a first aid kit is on hand;
Ensuring the room is well ventilated and light;
Providing supervision of the Dance Workshops; and
Providing instruction and emphasising safe skill progression.
However, we require your co-operation to maintain the safety of the Dance Workshops by you agree to:
Obey all safety rules;
Obey our instructions;
Alert the staff to any dangerous behaviour of co-participants;
Ensuring you wear the correct gear;
Respect any venue and equipment and do not willingly cause damage to any venue or piece of equipment.
We also require your co-operation in relation to health and safety. It is your duty to:
Fill out our intake client form truthfully and accurately so we are fully aware of any injuries or concerns that require modification of exercises;
Possess a sufficient level of skill and physical fitness for safe participation;
Have no health problems that would make participation unwise;
Inform staff if you feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation;
Attempt only actions that you feel capable of performing safely; and
Stop participating if you believe it’s unsafe.
In case of an emergency, you authorise us to
Administer emergency first aid and/or CPR were deemed necessary;
Secure emergency medical care or transportation where we decide it is necessary; and
Seek any medical attention, treatment, surgery, or administration of drugs by qualified and licensed medical personnel.
You further agree to assume all costs of emergency medical care and transportation.
Release and indemnity
In consideration of permission to participate in the Dance Workshops, you on behalf of yourself, your spouse, your heirs, your parents or guardians, personal representatives, and assigns [“Releasing Parties”] release us from all Claims. You also agree to indemnify DA Choreo from and against any all Loss and/or Damage arising out of or in connection with your participation and any damage to third parties. The laws of NSW, Australia govern this Release and the parties subject to the jurisdiction of the courts of NSW and Australia.
I have read this Agreement and understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss. I acknowledge that I am voluntarily signing this agreement and intend my signature to be a complete release of all liability.
Definitions:
“DA Choreo” means DA CHOREO PTY LTD [ ABN 54680246119] and includes all its owners, sponsors, affiliates, employees, volunteers, independent contractors, equipment providers, agents, and facility or venue owners.
“Claims” means all claims, under the statute, tort, contract or negligence, any demand, award, or costs.
“Loss and Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of enjoyment, personal injury, death, or negligence to the extent permitted by law, trespass, property damage and legal costs.
BOOKING TERMS AND CONDITIONS
By signing up to participate in our Dance Workshops, you agree to these Terms and Conditions and any other policies we publish or link to on our Website. These form an "Agreement" between you (“the Client”/ “you”/ “your”) and us, DA CHOREO PTY LTD [ABN 54680246119] (“we”/ “us”/ “our”). If you do not agree with any of these terms and conditions, please do not participate in our Dance Workshops.
MEDICAL WARNING
Undertaking dance exercises and classes may have implications on your current Medical Conditions. We suggest that you consult with your medical practitioner prior to commencing Dance Workshops and that you are mindful of your current health concerns and physical limitations.
If you have any Medical Conditions including pre-existing injuries which may impact your ability to perform the exercises in our Workshop, or if you are pregnant or ill you must notify your instructor prior to commencing the Workshop. Participating in any form of exercise at our Venues with a Medical Condition is done entirely at your own risk.
It is your sole responsibility to choose the level of Workshop you are capable of and not to overexert yourself. Exercise at your own pace and stop immediately if you feel pain or discomfort. You should not continue exercise if your physical condition changes at any time.
By undertaking any exercise program including Dance Workshops and use of any equipment purchased from us, you acknowledge that you do so at your own risk and that we will not be liable for any Loss or Damage arising from or as a result of, or in connection with your undertaking of any such exercise program or following advice contained on our Website or given by us.
Our Dance instructors and staff may not be medically trained and are not qualified nor required to assess whether you are in the good physical condition and/or whether you can engage in exercise without any detriment to your health, safety, comfort, or Medical Conditions.
BOOKING AND FEES
Our Workshop fees and Workshop timetables are displayed on our Website. We reserve the right to change our fees and schedules from time to time, and these changes will be notified on our Website.
To sign up to participate in our Dance Workshops, you must provide your full name and email address. We will ask for your date of birth, physical address, and postcode but you are not required to provide this information. If the participant is eighteen (18) years of age and below, their date of birth is required.
There are a set number of spaces in each Workshop. To attend a Workshop, you must reserve a space by making the full payment. Bookings can be made online.
PERSONAL INFORMATION
When you sign up to participate, you agree to provide us with your personal information which could include medical and health information. You represent and warrant that:
all information you provide is true, correct, current and up-to-date; and
you will respond promptly to any of our requests for further information.
Your personal information collected by us will be dealt with in accordance with our Privacy Policy, a copy of which can be viewed in full here.
PAYMENTS
Our Workshop Fees are payable prior to the Workshop and at the time of booking. We accept Stripe and direct debit. Except as required by the Australian Consumer Law, no refunds are provided. All tickets are non-refundable. All credits for other Dance Workshops are given at our sole discretion.
WORKSHOP SONGS, VENUE, TIMETABLE
We may change the song for the Workshop at any time. We may also change the Venue of the Workshop, the timetable or teacher at any time.
We are not liable in any way to provide you with a refund, credit, transfer, or compensation of any kind for Dance Workshops that are not held in accordance with the Workshop schedule.
HEALTH AND SAFETY
There are risks associated with attending our Dance Workshops. We have minimized these risks by complying with government recommendations. You acknowledge and agree that by participating in our Dance Workshops there is a risk of catching an infectious disease, and participating is done at your sole risk. You must not attend a Class at DA Choreo if you have a current positive COVID-19 test result, are awaiting the result of a COVID-19 test, or are experiencing symptoms of cough, sore throat, shortness of breath or fever.
CONDUCT RULES AND YOUR OBLIGATIONS
You are required to treat all persons and property at the Venue with all due care and respect. We reserve the right to refuse entry to or remove you from our Venue for breaching our Conduct Rules including any anti-social, intoxicated, disorderly, aggressive, offensive, inappropriate, discriminatory or dangerous behaviour that may threaten the safety or security of our Clients, staff, any other persons, our Venue including infrastructure and equipment.
If you consider that someone is breaching the Conduct Rules, please notify our staff so that we can address the issue immediately.
Please arrive 10 minutes prior to your scheduled Workshop in order to minimise disruption during the Workshop.
Entry to the Workshop more than fifteen (15) minutes after the start time is not advisable, as you must participate in the warm-up exercises at the start of the class;
Be respectful and do not behave inappropriately towards other members, 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 DA Choreo employee, contractor, dance class student or guest, may result in cancellation of your entry and removal from the premises. DA Choreo reserves the right to refuse entry to any persons at its absolute discretion;
We strongly discourage you from departing the Workshop prior to the scheduled conclusion time as it is disruptive to the enjoyment of other participants.
You are required to always wear appropriate attire for physical exercise and must refrain from wearing clothing that contains offensive prints or designs.
Please bring along a towel, water bottle, and your phone in case you want to record yourself during class.
For the enjoyment of all participants please turn off your mobile phone before your Workshop unless you are required to due to personal reasons. e.g., you are a medical practitioner on call, in which case, please notify us.
PHYSICAL TOUCH
You acknowledge and agree that: our instructors may use tactile cueing and adjustment methods or make physical contact with you for correction purposes in order to ensure that Dance practice is undertaken in accordance with our best practice.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all intellectual property rights in and to any choreography created, developed, performed, or otherwise coming into existence as a result of or in connection with the Dance Workshops (“Choreography”) shall be the sole and exclusive property of DA CHOREO PTY LTD [ABN 54680246119]. You further acknowledge and agree that any use, reproduction, distribution, performance, display, or creation of derivative works based on the Choreography must be properly attributed to DA Choreo, including when posting on social media. By participating in the Dance Workshops, you hereby assign to DA Choreo any and all rights, title, and interest you may have in any such Choreography, including any and all intellectual property rights therein.
PERSONAL BELONGINGS
We do not assume any responsibility to safeguard your personal belongings that you bring into our Venue.
As such, we strongly recommend that you:
refrain from bringing any valuable personal belongings into our Venue such as mobile phones, jewellery, personal devices, wallets, handbags, and purses;
only bring personal belongings into our Venue that are absolutely necessary for you to possess for the duration of your visit; and
store any personal belongings in the Venue storage facilities provided for use for the duration of your visit.
VIDEO AND RECORDING POLICY
We reserve the right to take videos and recordings of the Dance Workshops for the purposes of promotion, training, or other business-related activities. By agreeing to these Terms and Conditions, you hereby consent to the use of your image, likeness, or voice in any such videos or recordings taken during the Dance Workshops without compensation, acknowledgment, or payment. You understand that these materials shall be the sole property of DA CHOREO PTY LTD [ABN 54680246119] and may be used at its discretion in various media, including, but not limited to, promotional materials, online platforms, social media channels, as well as selling and monetizing tutorial videos. Your participation in the Dance Workshops constitutes your irrevocable agreement to such filming, recording, and use of your image, likeness, or voice as described above.
AUSTRALIAN CONSUMER LAW
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your attendance at our Venue or Dance Workshops including, but not limited to, any theft, unauthorised access, or third-party interference.
To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:
the supply of equivalent services e.g., another opportunity to book a Workshop; or
the refund of the payment made for the Workshop.
In any case, our liability to you will not exceed the amount actually paid by you to us for the Workshop.
You acknowledge, agree, and undertake to indemnify us and keep us at all times fully indemnified from and against any claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in participating in our Dance Workshops, and any third-party claims.
TERMINATION AND REFUNDS
We may, at our sole discretion and without prejudice to any of our rights, immediately terminate this Agreement where you breach any term or condition of this Agreement. If you are in breach of this Agreement, you will not be entitled to any refunds, and any outstanding Fees become immediately due and payable.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
You acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved by mutual agreement, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
GOVERNING LAW AND OTHER MATTERS
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire Agreement between you and us and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our Website, these Terms and Conditions will prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement will survive termination of this Agreement.
DEFINITIONS
“Agreement” means these Terms and Conditions, our Website Terms of Use, Privacy Policy, and any other policies we publish or link to on our Website.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Claims” mean any claim, under the statute, tort, contract or negligence, any demand, award, or costs. “Dance Workshops” mean the dance workshops conducted at the Venue as further described on our Website.
“Fees” mean payment due from you for the Dance Workshops provided by us.
‘Force Majeure Event’ means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of enjoyment, loss of opportunity, loss of reputation or goodwill, loss or corruption of information or data, personal injury, death, property damage and legal costs.
“Medical Condition” means any type of illness, disease, injury, condition, disability, disorder, physical deformity, or mental illness.
“Venue” means the physical location(s) where the Dance Workshops are held.
“We, us, or our” means DA CHOREO PTY LTD [ABN 54680246119] and includes any of our directors, officers, employees, agents, partners and contractors.
“Website and Services” means www.dachoreo.com and everything available on this Website including, but not limited to, products and services.