with DENISE DA COSTA
TERMS AND CONDITIONS OF SERVICE
In this Agreement, “us, we, our” means Denise Da Costa Gonzalez ABN: 62606225752; “you, your” means the Client. This document constitutes the AGREEMENT between you and us.
In this Agreement the following definitions apply:
Class means the Zumba® class instructed by Denise Da Costa, a licensed Zumba® Instructor.
Venue means the place where the Class takes place.
1.1 By clicking “I Agree”, entering your credit card information, paying to us the up-front amount requested, or otherwise enrolling, electronically, verbally, or otherwise, you are entering into a legally binding agreement with us, subject to the following terms and conditions.
1.2 You declare that you are physically, mentally and medically fit and capable to engage in exercise and fitness programs, and have and will inform us of any condition or risk that may have an effect on your ability to participate in any exercise or fitness program prior to the Class commencement.
1.3 You are 18 years of age or older at the time of enrolling, and not under any other legal disability.
2.1 The parties agree that we are an independent contractor and this Agreement does not constitute an employment relationship.
3.1 Parties agree that the Service is in the nature of dance fitness group class only.
3.2 The scope of services provided by us according to this Agreement is limited to those listed on our website.
3.3 The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed.
3.4 We may at any time change or discontinue any aspect the Service.
3.5 We may at any time add new Services. New Services will be published in our website describing their nature, scope and price.
4 PAYMENT AND REFUND
4.1 Upon execution of this agreement, you agree to pay us the full amount of the fee.
4.2 Payment for Class must be made at the time of booking or attendance.
4.3 We accept payment by:
- Internet bank transfer.
- Cash paid directly to Us at the Venue.
- Credit Card via Stripe.
4.4 Our 10 CLASS PASS must be paid for in advance and is valid for 4 months from the date of purchase.
4.5 If you don’t use all the 10 classes in your 10 CLASS PASS before its expiring date, you will not be entitled to receive a refund for the used or unused classes.
4.6 There are no refunds for change of mind or similar. Refunds may be granted in very limited circumstances and in the sole discretion of us.
4.7 If you fail to use your booked single class before its expiring date, you will not be entitled to receive a refund.
4.8 If we are unable to offer a Class as agreed and no suitable rescheduling is able to be arranged, then a refund for that Class only will be made to you.
4.9 Our pricing structure or payment methods may be amended from time to time in our discretion.
5.1 Unless otherwise stated, all fees and expenses are ex-GST and where applicable will be increased by the amount of GST or other tax if applicable.
6 NO RESALE OF SERVICES IS PERMITTED
6.1 You agree not to reproduce, duplicate, translate, copy, sell, trade, resale or exploit for any commercial purposes, any portion of the Class.
6.2 This agreement is not transferable or assignable without our prior written consent, where such consent may be withheld at our absolute discretion.
7 MEDICAL WARNING & PERSONAL SAFETY
7.1 You should consult your Doctor before starting any new fitness programs particularly if you have any existing conditions.
7.2 During Class you should work at your own level and if you feel any pain or discomfort you should stop immediately and seek medical advice.
7.3 You understand that there are inherent risks in participating in a Class of strenuous exercise. If you sustain or claim to sustain any injury while participating in the Class, you acknowledge that we are not responsible.
7.4 We take no responsibility or liability for any accidents or injuries that occur during class or on the property. You participate in class at your own risk.
7.5 You accept and agree that you are entirely and solely responsible for your progress and results from the Class.
7.6 We make no guarantee or warranty that the Class will meet your requirements or that all clients will achieve the same or similar results.
7.7 If you decide the Class is not for you, we will not provide any refunds.
8 GENERAL CONDITIONS OF ENTRY
8.1 You agree to abide by the government covid-safe guidelines.
8.2 Entry will be refused or you may be requested to leave the Venue if:
- you are using abusive or threatening language or behaving in a threatening way; or
- you are under the influence of drugs or alcohol; or
- you behave in another way that is considered by Us to be risky or seriously inappropriate.
8.3 No person under the age of 18 is allowed in the Class.
8.4 The Venue is a non-smoking facility.
8.5 Fully enclosed, clean sports shoes must be worn during Class for safety reasons.
8.6 Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members.
8.7 You agree to arrive 15 minutes before the class starting time. You won’t be allowed to enter the Class after it has started.
8.8 You agree to make any necessary arrangements in order to ensure the class are not interrupted. (Eg. phone calls, visitors, childcare, etc.)
9 PHOTOGRAPHY AND VIDEO
9.1 You are not allowed to film or photograph the Class.
9.2 We sometimes film or photograph the Class so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
10 YOUR PERSONAL INFORMATION
10.1 Except as authorised by you in writing, or as otherwise provided in this Agreement, we will not disclose your personal information to anyone.
10.2 You give us permission to use, without remuneration, testimonials provided by you on our website.
10.3 You consent to our use of your contact details to maintain a professional relationship with you and to provide informative or marketing information to you by telephone, facsimile, email or direct mail. You may ask us not to send direct marketing materials by contacting us at firstname.lastname@example.org
11 LIMITATION OF LIABILITY
11.1 Despite any other provision of this Agreement and to the maximum extent permitted by law, we will not bear any liability to you for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage, or for breach of any statutory duty).
11.2 By enrolling in the Class, you release us from any and all damages that may result from your participation in the Class.
11.3 You agree that you accept any and all risks, foreseeable or no foreseeable, arising from participating in the Class.
11.4 All claims against Us must be lodged within 14 days of the date of the cause of action arising or otherwise the right of action is forfeited.
11.5 You agree that we will not be held liable for any damages of any kind resulting or arising from your participation in the Class including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages.
11.6 You agree that you participate in the Class at your own risk.
12 CHOICE OF LAW
12.1 The laws of the state of Queensland Australia will apply to this Agreement and to the provision of our Services.
13 CHANGED TERMS
13.1 We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Service, including these Terms and Conditions, at any time. We will post the most recent versions to this website and list the effective dates on this page.
Updated: September 2021