Terms & Conditions

Terms & Conditions

HULA HIPS Terms and Conditions (In-person Classes)

1. Definitions

Hula Hips (or Us) mean Juanita Lia-Norris trading as Hula Hips (ABN 35 547 500 534.)

You means the individual/s named on the Enrolment Form as the ’Student’, or ‘Parent/Guardian’ if the Student is under the age of 18 years, and ‘Person Responsible for Paying Fees’.

Fees means the fees for the provisions of Services as set out in the Class Fee Schedule on the Hula Hips Classes web page, available at https://hulahips.com.au/classes/ which form part of this Agreement.

Force Majeure Event means acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party, suppliers or sub-contractors.

Personnel includes any employee, teacher, contractor, sub-contractor, consultant or volunteer of Hula Hips.

Policies and Procedures means the policies and procedures that apply to the Services, available at https://hulahips.com.au/policy/, as updated from time to time, which form part of this Agreement.

Premises means the dance studios situated at The Space, 47-49 Endeavour Boulevard, North Lakes, QLD 4509 and YMCA Springfield Lakes Community Centre, 53 Springfield Lakes Boulevard, Springfield Lakes, QLD 4300.

Privacy Policy means the Hula Hips Privacy Policy, available at https://hulahips.com.au/privacy/ and in this agreement, as updated from time to time, which forms part of this Agreement.

Registration Form means the enrolment form which a person completes to register their interest in enrolling as a Student at Hula Hips.

Term is defined as a period of 10 weeks.

Services (or classes) means pre-school, general, adult, troupe and/or industry dance classes, dance performances and competitions, participated in, performed or undertaken at the Premises and/or other locations and events, either privately or publicly.

Website means the Hula Hips website located at https://hulahips.com.au/.

2. Conditions of enrolment

2.1. You agree and acknowledge that by completing and submitting the Registration Form, You agree to abide by these terms and conditions.

2.2. You must complete the Registration Form either online or on-paper and agree to pay the Fees as set out in the Class Fee Schedule.

2.3. You must comply with the Policies and Procedures.

2.4. The Student must be medically fit to attend or participate in the classes. It is the responsibility of the adult student or parent/guardian to notify Hula Hips if they are ill or injured. Hula Hips may deem (at its sole discretion) that a Student is not medically fit to attend or participate in the classes. If requested, the Student must provide sufficient medical information to Hula Hips to satisfy Us that the Student is medically fit to participate in the classes. Hula Hips is not able to provide advice concerning medical fitness to attend or participate in the classes and that it is the Student’s responsibility to seek medical advice in this regard.

2.5. Hula Hips, at its absolute discretion, will allocate the Student to the most suitable classes, considering their age, experience, dance ability, potential/talent, maturity, knowledge, behaviour, commitment and goals.

2.6. The minimum enrolment period is one class. Term enrolments are also available. For new students joining after the start of a term, Fees will be charged pro-rata.

2.7. Hula Hips reserves the right to cancel or change classes at any time.

3. Fees

3.1. In consideration of Hula Hips providing the Services, You must pay the Fees as set in the Pricing Schedule.

3.2. All prices are quoted in Australian dollars and do not include Goods and Services Tax unless otherwise specified, as Hula Hips is not registered for Goods and Services Tax.

3.3. There are two types of Fees: Full Term Fees, and Casual Class Fees.

3.4. Full Term Fees are due no later than the end of the second week of the term. The Full Term Fee must be paid, regardless of the number of classes the Student wishes to attend (or attends) due to sickness, social engagements etc. Casual Class Fees are due before the designated commencement time of the class.

3.5. Under no circumstances are fees allowed to be rolled over into the next term or class. If fees are not paid by the end of the term or class, all classes for you or your child will be suspended and your account will have to be settled before commencing the next term or class.

3.6. You may request a payment plan consisting of a 50% deposit and the balance in instalments (which may or may not be accepted by Hula Hips). This must be arranged and expressly approved by Hula Hips prior to the due date. There will be no discounts, refunds or credits applied for missed classes.

3.7. If You fail to pay the Full Term Fee by the end of the second week or the Casual Class Fee before the commencement of the class to Hula Hips, without limiting any other remedies available to it at law, Hula Hips may, at its sole discretion, either:

        • charge interest on all outstanding Fees, charged at an interest rate of 1.25% per month (15% per annum); or
  • suspend or terminate the Services until all outstanding Fees are paid in full (including interest).
  • enforce advanced term payments which will require term fees being paid upfront, and in full before any classes can commence.
  • pass on unpaid accounts to a debt collection agent who will recover the fees on our behalf. If Hula Hips must take this step, an additional 50% of the outstanding balance of your account will be added onto the debt for recovery costs.

3.8. Fees can be paid at the door using cash, or online using credit/debit card. Credit/debit card payments can be made using the Trybooking online booking system via the Hula Hips website https://hulahips.com.au/classes and will incur a $0.50c transaction fee and a 2.50% merchant fee. If payment is made using the Trybooking online booking system, a picture of your receipt or ticket must be presented at the door prior to class.

3.9. Please do not interrupt classes with fee enquiries. Please make fee enquiries by emailing contact@hulahips.com.au or talking to Juanita at a convenient time before or after class.

3.10. All missed private lessons without at least one day’s notice must be paid for.

3.11. Hula Hips does not offer free trial classes to new students. New students may enrol for a Casual Class by completing the Registration Form and paying the Casual Class Fee if for any reason they are unsure about whether they can commit to a full term.

3.12. Hula Hips run their classes in line with the Queensland school term dates. There are 4 terms to the dance year. Whether there are 9, 10 or 11 weeks in a term, Hula Hips still bases each terms classes as if it were a 10 week term. Exception to this rule will apply to private lessons only. Private lessons will be charged the exact amount of classes in a term to reflect a 9, 10 or 11 week term.

4. Refunds

4.1. Unless otherwise stated in this Agreement and to the extent permitted by law, if a Student misses a class (wholly or partly) or withdraws from Hula Hips for whatever reason, You will not be entitled to a refund of the Fees. This ensures Hula Hips can maintain a stable learning environment for all Students with minimum class disruptions. Class lesson material is structured for full term periods and an end of year concert.

4.2. Notwithstanding any other provision of this Agreement, Hula Hips may, at its absolute discretion, provide the Student who has withdrawn from Hula Hips due to illness or injury, with a booking credit or full refund of the relevant Fee, provided that You can provide Hula Hips with medical proof (e.g. medical certificate) of their illness or injury.

4.3. To the extent permitted by law, there will be no refunds in any circumstances for:

  • Costume hire or purchase fees
  • Concert tickets
  • Registration fees
  • Showcase tickets

5. Expectation

5.1. The Student is expected to attend all scheduled classes and rehearsals throughout the year. Hula Hips must be notified if a student will be absent from class.

5.2. Hula Hips must be notified in advance if the Student wishes to withdraw from the classes. In the event a Performance Student is absent from class without reason from more than 3 classes in a row, Hula Hips may, at its absolute discretion, terminate that students’ role in the performance group and, to the extent permitted by law, no refund will be given.

5.3. Where the Student is a Performance Student, they are expected to be available for all scheduled performances and rehearsals throughout the year. Absence from a scheduled performance or rehearsal may, at the discretion of the principle, result in withdrawal from the group and/or class.

5.4. Uniform: from 2023 there will be a set uniform for students enrolled in Hula Hips classes. The Student must be ready for their class 5 minutes before the scheduled class time and dressed in the correct uniform, with lava lava (sarong) tied and folded over. The teacher will demonstrate to students and parents how this is done.

5.5. In the event of illness, You will notify Hula Hips.

5.6. If a class is cancelled by Hula Hips, a replacement class may be offered. If for any reason a cancelled class cannot be replaced by Hula Hips, a credit on the following terms fees will be applied.

5.7. You are responsible for your child outside of their class time. Hula Hips cannot take responsibility of children once they leave the class. Please drop off/pick up your child on time. Hula Hips is not responsible for any children waiting outside of class while their siblings are attending class. These children are strictly the responsibility of their parents, guardians or caregivers.

5.8. You are not allowed into classes while they are in progress unless invited. Only one parent or caregiver (at the sole discretion of the Hula Hips teacher) may watch the class on the chairs provided at the back of the studio. Please ensure you are quiet while the class is in progress – any noise is a distraction to both students and teacher.

5.9. Recording from mobile/multimedia devices or any photography is strictly prohibited, unless it is for the student to learn from, or to share to Hula Hips private page for students, but must not be shared on any social media platform before seeking permission from Hula Hips.

5.10. Students enrolled at Hula Hips cannot also be participating in any classes at another dance studio.

5.11. Concert: Every term, Hula Hips teaches a choreographed dance for the end of year concert. Participation in the end of year concert is optional. Students wishing to participate in the end of year concert are required to be enrolled for the full term when all of the concert preparation begins (learning the choreography.) Any student who has missed more than 40% of classes for that term may not be included in that dance during the end of year concert.

6. Intellectual property

6.1. You acknowledge that Hula Hips is the owner of:

  • the photographic and digital images and/or audio and visual recordings (and all intellectual property rights contained therein) taken of your child by, or on behalf of, Hula Hips at, or in relation to, a Hula Hips class or event, and You are not entitled to any remuneration, royalties or any other payments from Hula Hips in respect of the use by Hula Hips of the photographic and digital images and/or audio and visual recordings; and
  • all costumes, choreography or music (and ancillary work products) discovered, developed or otherwise coming into existence because of, for the purposes of, or relating to the performance of the Services or this Agreement will vest in, and are assigned to, Hula Hips.

6.2. All choreographed dances can be used for performances as long as permission is first sought and then granted by Hula Hips, and Hula Hips is acknowledged on the site/platform/publication/medium that the footage is uploaded to, stored on and/or displayed on.

7. Personal conduct

7.1. You must always conduct yourself in a civil, safe and proper manner and entirely in accordance with the Policies and Procedures and any other directions of Hula Hips.

7.2. Hula Hips provides a friendly, safe and non-discriminatory place for all students, parents and teachers. We have a zero tolerance of bullying or intimidating behaviour involving parents or students. Bullying behaviour, intimidation of other students, parents or teachers will not be tolerated. Any such behaviour may jeopardise your child’s enrolment at Hula Hips and, to the extent permitted by law, no refunds will be given.

7.3. Physical Contact: some physical contact between teacher and student may be deemed necessary to demonstrate exercises and for personal correction; or if a member of staff needs to administer first aid.

8. Loss and damage

8.1. Hula Hips is not responsible to the Student for any loss, theft, or damage to personal property. Personal property is brought to classes at the Student’s own risk.

8.2. The Student, or Parent/Guardian if the Student is under the age of 18, will be liable for loss, injury or damage caused by an act or omission of the Student to anyone else or to Hula Hips’ property including without limitation the Premises, equipment, costumes, uniforms, props or other property (Hula Hips Property). In such an event, without limiting any other remedies available to it at law, Hula Hips reserves the right to charge the adult Student or Parent/Guardian the full cost of either (at its discretion) repairing or replacing the Hula Hips Property.

9. Release and Indemnity

9.1. Although Hula Hips endeavours to provide a safe, clean and secure environment for the Student, classes entail certain risks (including the danger of personal injury) which cannot be fully eliminated. The Student voluntarily elects to attend the classes and accepts the Services ‘as is’ and assumes all risks of loss, damage or injury that may be sustained because of attending or participating in the classes or otherwise utilising the Services.

9.2. To the extent permitted by the law, the Student , or Parent/Guardian if the Student is under the age of 18, agrees to release, indemnify and hold harmless, Hula Hips and its Personnel against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from:

  • a breach by the Student of any of their obligations under this Agreement;
  • any act or omission (whether negligent, dishonest, fraudulent or otherwise) of Hula Hips; or
  • the Student’s attendance or participation in the classes and their use of the Services.

9.3. Each indemnity is a continuing obligation and survives termination or expiration of this Agreement. It is not necessary for Hula Hips to incur expenses or make any payment before enforcing a right of indemnity under this Agreement.

10. Liability

10.1. To the extent permitted by law the aggregate of Hula Hips’ liability to the Student, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, is limited to an amount not exceeding the amount paid by the Student for the Services that are the subject of the liability.

10.2. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Hula Hips are excluded by this Agreement.

10.3. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Consumer and Competition Act 2010 (Cth) or any other national, State or Territory legislation (the Acts) where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the Student pursuant to any of the Acts, Hula Hips’ sole liability for breach of any such condition, warranty or other obligation is limited to:

  • in the case of services, supplying the services again or payment of the cost of having the services supplied again.

11. Privacy Policy (for Registration/Enrolment)

The privacy of your personal information is very important to Hula Hips. We will not sell, rent or trade your personal information to any third-party. We will take special care to protect the privacy and security of your information. This policy explains our information practices and the way that Hula Hips collects and uses your information. This Privacy Policy covers the information you provide to us offline and at Hula Hips website.

HOW DOES HULA HIPS COLLECT AND USE MY INFORMATION?

When you register for classes at Hula Hips, we collect contact information such as guardian names, addresses, phone numbers, emergency contacts, e-mail address and student information such as student names, birthdays, medical conditions. Some of the information is required and is noted with a red asterisk on the forms. This information is needed to manage studio business and will not be used or sold for any other purpose, except as described below. Some of the information is optional (NOT marked with a red asterisk). Optional information is requested to help us better understand our students/participants and is used only as needed for studio business. This information will not be used or sold for any other purposes, except as described below.

WHO HAS ACCESS TO MY INFORMATION?

When you fill in the ‘contact us’ or ‘enrolment’ form from our website, the information you enter is used to ensure that Hula Hips has the relevant information to advise on classes and fees and to set up an account for our invoicing software. Hula Hips have access to your personal information only to manage the studio business.

Hula Hips will access your personal information and/or share it with third parties only for the following purposes: (i) as needed for studio business; (ii) if required to do so by law or to comply with legal process; or (iii) to protect the rights, property, or personal safety of the public.

If you have any questions about our Privacy Policy or if you wish to update or remove any of your personal information, please contact Hula Hips by phone, or email to contact@hulahips.com.au.

12. Force majeure

12.1. Hula Hips shall have no liability to the Student under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business by a Force Majeure Event.

13. General

13.1. If there are any inconsistencies between the terms of this Agreement and the Policies and Procedures, the terms of this Agreement will prevail to the extent of the inconsistency.

13.2. This Agreement is governed by and must be construed in accordance with the laws of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the Courts of the State of Queensland, Australia.

13.3. If the whole or any part of any clause of this Agreement is illegal or unenforceable, that part or whole of that clause will be severed and will not affect the continued operation of the remaining provisions.

13.4. This Agreement replaces all prior agreements between Hula Hips and the Student (whether written or verbal) and all prior statements or promises made by Hula Hips or its Personnel. The parties agree that this Agreement embodies their entire understanding and agreement.

13.5. No variation, alteration or addition to this Agreement shall be of any force or effect unless it is in writing and signed by the parties.

HULA HIPS Terms and Conditions (Online Classes)

Fees: Payment for your online class or course is to be made via our website and affiliated booking system, which will issue a receipt of payment and a ticket.

Online Course Bookings: Online courses and classes are subject to one purchase per person.

Cancellations and Refunds: If a cancellation request is received within 48 hours of the commencement date of the class or course, all fees are non-refundable. In the case of cancelling mid-course, all fees are non-refundable.

Fulfilment Policy: After you purchase an online class or course, you will receive a welcome email which will include some steps you can take to prepare for your class or course. Two days (48 hours) prior to your first class or the commencement date of your course, you will receive an email which will include confirmation of your participation, a Zoom link, and instructions on how to join the Zoom.

Choreography: All choreographed dances can be used for performances as long as permission is sought firstly by Hula Hips, and Hula Hips is acknowledged on site it’s loaded on.

Recordings: All classes are held via Zoom and are recorded for future use. By joining our Zoom classes, you agree to be a part of the class recordings where you may be highlighted and seen. Each class recording is provided via a private Youtube link which remains available to you 30 days past our last scheduled class.

By clicking Yes on the online Enrolment Form or by signing and dating the paper Enrolment Form, You acknowledge and agree that You have read and understand these Terms and Conditions, and agree to be bound by them.