Terms & Conditions
YOUR AGREEMENT WITH WORLDWIDE DANCE STUDIOS TRADING AS LATIN DANCE HOUSE (LDH)
1. THINGS TO KNOW AT THE START OF YOUR MEMBERSHIP
1.1 What types of pricing and memberships do we have?
1-month membership = 4 weekly payments of $44 on a contract or $160 paid upfront
2-month trial membership = 8 weekly payments of $29 on a contract or $210 paid upfront (available for new students only, this membership can only be purchased once)
3-month membership = 12 weekly payments of $39 on a contract or $420 paid upfront
4-month trial membership = 16 weekly payments of $25 on a contract or $360 paid upfront (available for new students only, this membership can only be purchased once)
6-month membership = 26 weekly payments of $35 on a contract or $750 paid upfront
12-month membership = 52 weekly payments of $30 on a contract or $1100 paid upfront
Pay as you go = $49/week, no minimum weeks, no contract
10 Class Pass = $180, valid for 3 months
Drop-in = $20
All our memberships are to be paid upfront or on a weekly basis and give You unlimited access to all the group classes in our timetable unless specified otherwise.
1.2 Do we offer any discounts?
We may sometimes offer discounts and specials. These will be advertised in our website and social media channels and will have their own terms and conditions.
1.3 When does your agreement start?
Agreeing with your agreement
You have an agreement with us when you have accepted its terms and conditions by either signing the agreement or ticking the ‘I agree with the above terms’ box online. If these terms and conditions or your agreement differ from anything you are told by a staff member at the studio, over the phone or via any sort of correspondence, these terms and conditions and your agreement will apply.
Understanding our rights
If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 30 days after the agreement is accepted to correct it.
1.4 Membership renewal
If you are on a 6 or 12-month membership we will automatically renew your membership when it comes to an end. The same length of your previous membership will be applied to the new membership unless you request differently. By renewing your membership, you agree to the new membership terms and conditions that apply at that time, including its new pricing.
1.5 Can you change your mind?
You have 7 days from the date you make your first payment toward a new membership to cancel it. A cancellation fee of $35 will be charged to you. If upfront payment was made, a pro rata calculation will apply to determine the amount to be refunded. This is only applicable for new membership agreements, not renewals. After the 7 days we do not issue refunds.
We do not accept paid fees as payment for different services or products.
1.6 What about your health?
Promising you are in good health
On the day you accept your agreement with us and each time you attend classes, you promise us that:
- you are in good physical condition to attend our classes;
- you know of no medical or other reason why you cannot or should not do active or passive exercise.
Seeking expert advice
Our staff and contractors are not medically trained. They are not 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 our dancing classes.
2. THINGS TO KNOW DURING YOUR MEMBERSHIP
2.1 When do you pay membership fees?
Paying for ongoing memberships
You pay fees for ongoing memberships in advance each week, by direct debit from a bank account or credit card. You can pay your fees in advance if you like.
If you prefer to pay your fees in advance you can make a full upfront payment of your membership. You will pay the total amount of the membership with a discount on the day you buy it. Discounts may vary and can be found on our website or at reception.
2.2 How do direct debits work?
Paying every week
We will debit your weekly fees from your nominated account or credit card on the same weekday every week.
Please note that:
- debit dates are preset for all members;
- if debit dates fall on a public holiday, we will debit your nominated account or credit card on the next business day;
- debits might take up to 5 days to come out of your account.
Meeting your responsibilities
You must make sure:
- your account can accept direct debits (your financial institution can confirm this);
- there is enough money in your account on the payment day and the next 5 days;
- you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit;
- you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.
Querying a payment
- If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.
2.3 What happens if your payment is late or fails?
Losing your access to classes
If you do not fully pay your fees on the due date, we will suspend your access to classes until your payments are up to date and you have successfully nominated an account or credit card for direct debit. We will also charge you a late payment fee of $5.00 for a failed payment. This will be debited from your account.
Paying your outstanding debts
We will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by:
- phoning you or speaking to you at the studio;
- writing to the email address you gave us.
For memberships in your name, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You are obligated to complete payments of memberships’ terms and conditions under your name.
2.4 Can we change our timetable?
Staying up to date with our timetable
We may sometimes add to, change or remove classes and/or instructors from our timetable without notice. The most up-to-date timetable will be available at our website and at the reception. We do not reduce your membership fees because of changes done in the timetable or for a public holiday.
If we suspend a studio’s operations or services, temporarily or permanently, we may send you a written notice offering you either a:
- transfer to another studio, if available
- complimentary time freeze
2.5 Can we increase your fees?
Being notified about changes
We reserve the right to increase the fees of our memberships at any time. Any fee increase will only affect you after the minimum period of your agreement has ended and when you renew your agreement to a new period under the new pricing. We will make a reasonable effort to inform you and all students about any increase of fees via email and at the studio at least 30 days beforehand. The new fees will also be communicated in our website. When the time for your agreement to be automatically renewed (see item 1.4), we will consider that you have received our email informing about the increase of fees on the second business day after it is sent. If we don’t hear from you we will consider that you have agreed with the new fees.
2.6 Can you freeze your membership payments?
Using a ‘time freeze’
You are entitled to freeze your membership for a certain period of time as outlined below:
1-month membership: 1 week
2-month trial membership: 2 weeks
3-month membership: 3 weeks
4-month trial membership: 4 weeks
6-month membership = 6 weeks
12-month membership = 12 weeks
You requested freeze time will be added to the end of your membership expiry date. E.g. if you request to freeze your membership for 2 weeks, we will add 2 weeks to the end of your membership. Your weekly payments will remain as normal, and the added 2 weeks will be free of charge.
Each time freeze must start and end on a direct debit date. Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract.
Understanding the conditions
Before freezing your membership, you must make sure your fees are up to date and you don’t owe us any money. Note that we cannot backdate any time freeze requests. You must request a freeze when you need it. We also cannot accept pro-rata payments or freeze your direct debits outside an official time freeze.
2.7 End of the year break
Every year LDH closes for 2 weeks over Christmas and New Year. If you are on a membership with direct debit payments collected on a weekly basis, they will continue to happen as normal during the 2 weeks break. We will add 2 weeks to your membership expiry date to cover for the 2 weeks break.
3. THINGS TO KNOW AT THE END OF YOUR MEMBERSHIP
3.1 How can you cancel your membership?
Cancelling your membership
You can ask to cancel your membership by emailing us. When you do this, please always:
- give us your email address so we can confirm your request in writing
- keep a copy of your request
3.2 How do you cancel after the minimum term?
Cancelling after the minimum term expires
Once the minimum term of your membership expires, you or we may cancel your membership (see 3.1). When you cancel, you must pay us any fees you owe or we may take action to recover them.
Giving us notice
You must give us 2 weeks notice to cancel, unless you are cancelling for medical reasons (with supporting evidence). We count this period from the date of your request, this means your final debit may be a pro rata amount. To ensure your direct debit does not continue past your minimum term, you must give us notice within this term. You cannot freeze your membership payments during the notice period.
3.3 Can you cancel during the minimum term?
Cancelling without paying out your agreement
You can cancel your membership during the minimum term if:
- You are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term.
- You are bankrupt–you must show us supporting documents.
We will not charge you an exit fee in these cases and you will be entitled to receive a 50% refund.
If you paid your membership upfront, we will refund 50% of the equivalent to the remaining term of your membership.
If you pay on a weekly basis, you will be required to pay 50% of the equivalent to the remaining term of your membership. We calculate the amount you must pay by multiplying your weekly fee by the number of weeks left in your minimum term. While the payment referent to your cancellation is not made we’ll continue to charge you on a weekly basis.
Alternatively, you can transfer your membership to a new student, who must take over the entire term of your membership.
Cancelling for other reasons
If you wish to cancel for any other reason you can pay out the remaining payments of your agreement. We calculate the amount you must pay by multiplying your weekly fee by the number of weeks left in your minimum term.
4. STUDIO CODE
4.1 You must follow our studio code at all times.
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. Please also supervise children closely.
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 studio. We give lost property to charity each month.
Wearing suitable clothes
All members and guests must wear suitable clothes. We do not allow clothes with offensive images or inappropriate advertising.
We are not liable for any loss or damage to your vehicle or its contents even if you are parked within the studio’s car park, the building premises or nearby areas. Please don’t park in our neighbours’ car spaces as this may incur in a fine issued to us and we will charge you for it.
4.2 What happens if you break the studio code?
Being refused entry or receiving a warning
We can refuse entry to anyone, including members, if they act unreasonably or break the studio code. We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.
Facing instant cancellation
We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:
- threatening or harassing others
- damaging premises
- using illegal or performance-enhancing drugs
- instructing other members when we have not authorised you to do so.
5. LEGAL STUFF YOU NEED TO KNOW
5.1 What are your responsibilities?
Meeting your responsibilities
Your responsibilities, including payment of membership fees, do not depend on how often you use the studio. You must tell us about anything that affects your membership, and any changes to your contact and bank details.
Promising to take care
You promise to:
- make sure that you know how to exercise safely
- use your best endeavours to exercise safely
- not take valuables into the studio
Statement of Commitment
Worldwide Dance Studios is committed to protecting your privacy and any personal information we collect. Worldwide Dance Studios complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal information. Worldwide Dance Studios 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
Worldwide Dance Studios 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 member or prospective member. We collect personal information primarily to enable us to provide members with our services. Worldwide Dance Studios 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 Worldwide Dance Studios services, which may be of interest. You are not obligated to provide personal information however failure to do so may result in Worldwide Dance Studios being unable to provide services or products to you. Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of Worldwide Dance Studios. This can be done in person at the studio reception or online via our website.
Use of tracking technologies
Worldwide Dance Studios uses tracking technologies to make use of the website and services as convenient as possible and for advertisement purposes. It is possible to set your browser to refuse tracking technologies, however, this may limit the services provided by Worldwide Dance Studios’s website.
Using and disclosing your personal information
Personal Information will be used for the following primary purpose:
- To fulfil obligations under a member’s membership agreement and/or any other contract between him/her and Worldwide Dance Studios;
- To render services under a member’s membership agreement;
- To provide information about products, service and/or special offers to members;
- To obtain opinions or comments about products and/or services from members;
- To record statistical data for marketing analysis from members.
Worldwide Dance Studios 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.
Worldwide Dance Studios 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 Worldwide Dance Studios,, or any member of the public, or to lessen a serious threat to a person’s health or safety.
Contact by Worldwide Dance Studios
If an individual receives communications from Worldwide Dance Studios which they do not wish to receive, they may request to have their name removed from the database by contacting Worldwide Dance Studios via email.
Individual’s right of access
Individuals have the right to review, amend or delete personal information that may be recorded on the Worldwide Dance Studios 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 Worldwide Dance Studios being unable to communicate with you when required.
Storage and security of personal information
Worldwide Dance Studios 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. Worldwide Dance Studios employees and data processors are obliged to respect the confidentiality of any personal information held by Worldwide Dance Studios. Worldwide Dance Studios only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority.
Worldwide Dance Studios and links to other web sites
Worldwide Dance Studios provides links to websites outside of the Worldwide Dance Studios site. These linked sites are not under the control of Worldwide Dance Studios, and Worldwide Dance Studios is not responsible for the conduct of companies linked to the Worldwide Dance Studios 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 or photograph classes, rehearsals, parties and other activities at our studios or in other places so it is possible that you will appear in these materials. By accepting your agreement you allow us the unrestricted right and permission to copy and use, reuse, publish, and republish your image in printed or digital promotional and other business-related materials, including but not limited to website, social media, flyers, banners and videos. Your image can be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations for promotion, advertising, trade, or any other purpose whatsoever.
5.3 What happens if you have issues with outside providers?
Paying outside providers including private class instructors, trainers and choreographers
Contractors and tenants provide some services in our studio, such as private classes, choreography training, pilates, etc. You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds.
Claiming against these providers
Any service they provide is a contract between them and you and we cannot accept any responsibility for a breach of contract or negligence. If you make a claim because of something a contractor or tenant has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from any claim resulting from an act or omission by a contractor or tenant.
5.4 What else should You know?
Having your contract transferred
We can assign or transfer the benefit of your contract to a person, firm or company at any time. We will give you 28 days notice in writing via email. We can also sub-contract our obligations to someone else without notice. But if we do, we are still responsible for ensuring those obligations are met.
Change of location
We can change the location of the school at anytime. We will give you 28 days notice in writing via email.
5.5 Which laws apply?
Meeting state laws Your agreement is subject to Australian law and is governed by the state laws where your home club 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.
5.6 What definitions apply?
- Worldwide Dance Studios, Worldwide, WDS, We, Us, Our means Worldwide Dance Studios Pty Limited trading as Latin Dance House (LDH)
- You, Your means A member of WDS
- The Studio means The premises where our services are provided
- Code means The code for behaviour in the studio, specified in these terms and conditions
- Sign, Accept, Agree means Either you or WDS agree with the terms and conditions of this agreement
- Agreement, Contract, Membership Application means The document with the terms and conditions agreed between WDS and you, under which you will become a member of WDS