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/Terms & Conditions
Terms & Conditions 2018-11-12T04:13:26+00:00

Terms & Conditions

Your agreement with Latin Dance Australia (LDA)

1. GENERAL TERMS

Conditions to attend classes:

  • Numbers are restricted, and courses/classes are filled on a first come first served basis.
  • Classes, courses and memberships cannot be refunded, shared or transferred. Please see our cancellation policy below.
  • LDA reserves the right to cancel classes on public holidays, over the period of large industry events and over the Christmas and New Year period. Cancellation of classes will be informed via our social media channels, at reception and during classes. There will be no discounts offered for that period on your package fees.
  • 8-Week Courses: Bookings are essential. Beginners must start on week 1 or 2 of the term.
  • 7 Day Free Trial: Must be claimed on the website. Valid for new clients only.
  • First Timers 2-Month Trial – Unlimited classes at LDA for 2 months.  We can extend your membership for the period closed, upon request, for breaks over 4 days.
  • FREEDOM – Pay as you go – Recurring weekly fees are paid through Ezidebit until cancellation is requested. This payment can be cancelled or put on hold at any time with 7 days notice. On hold time are for full weeks only and for as long as you wish.

Can we change our timetable?

We reserve the rights to add, change or remove classes and instructors without notice. The most up-to-date timetable will be available at our website

What about your health and injuries?

In attending our classes, we trust that you are in good health condition and that you know of no medical or other reason why you cannot or should not engage on 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.

Waiver: You understand there are specific risks of physical or property damages, losses, or injury that may result from your participation with LDA classes, and you voluntarily assume the risks associated with such participation.

Allowing us to use your image

We sometimes film or photograph classes, rehearsals, parties and other activities at our studios 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.

1.2 PAYMENTS – Applicable to all clients
  • Full payment must be received prior to starting your class and there is no refund for absence.
  • All prices include 10% GST and credit card/online fees
  • If you made a purchase online or by credit card or bank account recorded on your file, this fee will be processed through Ezidebit and will appear as “Ezidebit Healthfit MB” on your credit card or bank statements.
  • Notes: 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.
  • You must make sure 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.

What happens if your payment is late or fails?

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. Also Ezidebit charges a $14.80 administration fee for unsuccessful payments.

We will continue to debit your nominated account without notice, until we have received the total amount you owe us.

2. MEMBERS

2.1 GENERAL TERMS – Applicable to LDA Members

Note: Please also read terms for all clients above (1.1)

How do renewals work?
If you are on a monthly paid membership, we will automatically renew your membership when it comes to an end, on a month by month basis. You can terminate your contract at any time with 30 days’ written notice. If you do not wish to auto-renew your membership, please let us know at least 7 days before your contract expires. If you cancel your auto-renewal membership and return to LDA in the future, you would need to sign up for a new contract. If you’d like to change/upgrade your membership you will need to sign up for a new membership contract (30 days notice is applicable to stop your auto-renewal payments).

Can I cancel my membership?
You have 24 hours from the date/time you make your first payment toward a new membership to cancel it. A cancellation fee of $35 will be charged to you.

After the 24 hours we do not issue refunds and the remainder of your contract is fully payable.

Cancellation must be requested by email at least 7 days in advance.

You can cancel your membership before expiry date only in the case you are:

  • Sick or incapacitated. You must provide a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term;
  • Bankrupt. You must provide supporting documents.

You will not be charged 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 monthly basis, you will be required to pay 50% of the equivalent to the remaining term of your membership.
  • If you have completed the full term of your first membership and you are on a month by month auto-renewal basis, the cancellation of your membership will be effective 30 days from the day of your last auto-renewal payment.

Can I transfer my membership?
Memberships cannot be transferred.

2.2 PAYMENTS – Applicable to LDA Members

Note: Please also read terms for all clients above (1.2)

If you are on a monthly payments contract you pay fees for ongoing memberships in advance each month, by direct debit from a bank account or credit card. We will debit your fees monthly from your nominated account or credit card on the same day every month.

If you prefer to pay your fees in advance you can make a full upfront payment of your membership (usually discounts apply for upfront payments.

Your debits will appear as “Ezidebit Healthfit MB” on your credit card or bank statements.

Notes: 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.

You must make sure 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.

Can we increase your fees?

We reserve the right to increase the fees of our memberships at any time. Any fee increase will only affect your membership after expiry date if you sign up for a new contract. We will make a reasonable effort to inform you and all students about any increase of fees in advance via email. If we don’t hear from you, we will consider that you have agreed with the new fees.

Annual breaks

LDA reserves the right to cancel classes on public holidays, over the period of large industry events and over Christmas and New Year. Cancellation of classes will be informed via our social media channels, at reception and during classes. There will be no discounts offered for that period on membership fees. If you are on your first contract and not on auto-renewal, we can extend your membership for the period closed, upon request if we are on a break for over 4 days during your package.

Can you put your membership on hold?

  • 2-month First Timers Trial or Bronze Membership: no suspension allowed
  • 6-month Fitness or Silver Memberships: 1 to 2 months suspension for full months
  • 12-month Gold Membership: 1 to 3 months suspension for full months
  • Members on auto-renewal: 1 month every 6 months. If you need to suspend more than 1 month every 6 months you will need to sign up for a new contract before requesting the hold.

Before suspending your membership, you must make sure you don’t owe us any fees. You must request the suspension at least 3 working days in advance by sending us an email on [email protected] Note that we cannot backdate any time freeze requests.

2.3 NON-MEMBERS

2.3.1 GENERAL TERMS – Applicable to Non-Members

Cancelled course or classes

In the instance we cancel a course or a class we will either transfer you to another class, give you a credit or refund.

 

Are catch up classes allowed?

Due to our structure and high number of students, no catch-up classes will be allowed except with the presentation of a medical certificate and manager authorization.

 

Annual breaks

LDA reserves the right to cancel classes on public holidays, over the period of large industry events and over Christmas and New Year. Cancellation of classes will be informed via our social media channels, at reception and during classes. There will be no discounts offered for that period, for First Timers 2-Month trial, however we can extend your trial duration for the period closed, upon request.

2.3.2 PAYMENTS – Applicable to LDA Non-Members

We can keep the credit if the student missed more than 30% of the course. The student must advise that he/she will miss the classes in advance or maximum 1 week after finishes the course. For casual passes we can return unused proportional credit.

 

All bootcamps and workshops have to be pre-paid at the time of the booking unless stated otherwise.

 

Payment options include: Cash, EFPTOS, Cheque and Credit Card (Visa and MasterCard).

3. WEDDING DANCE LESSONS

The below terms and conditions apply to wedding dance lessons booked under Latin Dance Australia and Dream Wedding Dance.

  • If you’re late for your lesson, the instructor won’t be able to add time to that lesson or another lesson to make-up for it.
  • You can reschedule a lesson if you give us a minimum of 24 hours’ notice. Less than 24 hours’ notice will incur in cancellation of the lesson with no rescheduling or refund.
  • If you change your mind and decide to cancel your lessons, we will issue a refund of 50% of the amount paid towards the lessons being cancelled.
  • If we cancel a lesson, you can choose between receiving a full refund or rescheduling that specific lesson.

4. STUDIO CODE

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.

 

Parking

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.

 

What happens if you break the studio code?

We can refuse entry to anyone, if you 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 refuse your attendance immediately. 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
  • Damaging premises
  • Using illegal or performance-enhancing drugs
  • Instructing other members when we have not authorised you to do so.

5. LEGAL POLICIES

Privacy Policy

Once you register to our services, we will have access to personal information about you, such as your health and financial situation. We will only use, disclose or deal with your information in line with our privacy policy. This Privacy Policy applies to the services offered by LDA Ltd.

 

Statement of Commitment

LDA is committed to protecting your privacy and any personal information we collect. LDA complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal information. LDA 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.

 

Unless given consent to do otherwise, LDA will only collect and use personal information as set out below. For the purposes of this Privacy Policy personal information may mean some or all of the following: a client’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details and student identification details.

 

Collecting personal information

LDA 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. LDA 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 LDA services, which may be of interest. You are not obligated to provide personal information however failure to do so may result in LDA being unable to provide services or products to you. Personal information is collected directly from clients or potential future clients when they personally complete and submit an application form to become a client of LDA. This can be done in person at the studio reception or online via our website.

 

Use of tracking technologies

LDA 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 LDA’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 LDA;

  • 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.

LDA 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.

 

LDA 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 LDA, or any member of the public, or to lessen a serious threat to a person’s health or safety.

 

Contact by LDA

If an individual receives communications from LDA which they do not wish to receive, they may request to have their name removed from the database by contacting LDA via email.

 

Individual’s right of access

Individuals have the right to review, amend or delete personal information that may be recorded on the LDA 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 LDA being unable to communicate with you when required.

 

Storage and security of personal information

LDA 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. LDA employees and data processors are obliged to respect the confidentiality of any personal information held by LDA. LDA only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority.

 

LDA and links to other web sites
LDA provides links to websites outside of the LDA site. These linked sites are not under the control of LDA, and LDA is not responsible for the conduct of companies linked to the LDA website, nor for the performance or otherwise of any content and/or software contained in such external websites.

 

Understanding our rights

LDA reserves the right to review, amend, update and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on our website.

 

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.

 

Change of location

We can change the location of the school at anytime. We will give you 7 days notice in writing via email.

 

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?

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.