Tropical Soul Dance Studio (TS) Membership Agreement Terms & Conditions
- TS reserves the right to change the conditions of Membership, hours of operation, classes and instructors, at any time, at its sole discretion and without prior notice to the Member. Any such changes will be notified to you through either a newsletter published from time to time, the website, notices in the studio and/or mailing/emailing to your last known address.
- You are bound by and have to uphold the “Rules and Regulations”. You have been provided with a copy of the current guidelines. The Guidelines may be changed or updated by TS at any time at its sole discretion and without prior notice.
- You must inform TS of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your Membership.
- You must present yourself to the receptionist and check in for each class you attend prior to entry into the classes.
- It is essential to book for any course you would like to attend through our online registration system: MINDBODY ONLINE. Without booking, you may not be allowed to join a class, as numbers are restricted per class, and courses are filled on a first come, first serve basis.
- The online registration closes once the course has started.
- You must register according to your level only.
- Members understand that if they fail to attend a course for 2 weeks in a row, they can be removed from this course to make room for other students.
- The studio will be closed for 21 days each calendar year and during this time your membership will not be suspended, as we have factored this closure period into our membership prices. Should you wish to freeze your membership the regular freeze conditions below apply.
- Where you have entered into an Agreement for a Minimum Term, there is a 7 day Cooling-Off Period that begins on the date the agreement is signed, during which time you may terminate your Membership by delivering written notice to TS.
The following charges will apply:
(a) The cost of services provided by TS to you during this Cooling-Off Period, and;
(b) An Administration Fee of $55.00, and;
(c) The membership set-up fee, which is non-refundable.
- Membership is limited to persons who are at least 16 years of age.
- The Silver (6 months) and Gold (12 months) Memberships will automatically renew at the end of the initial term. They will renew for the same length of time as your initial Membership, unless you request in writing to change the length, or opt-out of the renewal, before the end of your initial Membership term.
- MEDICAL / BUSINESS RELOCATION
Time Freeze is granted on written application for MEDICAL and BUSINESS RELOCATION reasons for a minimum of 2 consecutive weeks and fortnightly blocks thereafter, up to a maximum of 26 weeks within a 12 month period (based on membership effective date).
The Freeze request must be accompanied by a doctor’s certificate (medical) or an employer’s letter (business relocation) at the time of the Freeze request.
- OTHER REASONS
For all other reasons, Time Freeze is granted on written application for a minimum of 2 weeks and fortnightly blocks thereafter, up to a maximum of:
- 12 weeks – for a 12 month Membership
- 6 weeks – for a 6 month Membership
- 3 weeks – for a 3 month Membership
– Requests for Time Freeze must be submitted to TS in writing no less than 72 hours prior to the commencement of the Freeze.
– You may not Freeze your Membership for a longer period than set out in the medical certificate/employer’s letter. Your Membership will automatically recommence after the date you have specified in your written Request to Freeze.
– Members should not attend classes during the period of their requested Time Freeze.
– A Time Freeze Fee of $15.00 will be charged upon request of the Freeze period. The Minimum Term Agreement (3, 6 or 12 months) will be extended by the period of the Time Freeze.
– Time Freeze cannot be applied during free time periods received from promotional campaigns, raffle wins or other special occasions.
Cancellation of Membership
12. Your Membership may be cancelled by TS if you do not adhere to the Guidelines, if your behaviour at TS is not acceptable, or for any other reason that the management of TS decides is appropriate. TS reserves the right to refuse future Membership to you in these circumstances.
13. Except where set out elsewhere in this Agreement, cancellation within the Minimum Membership Term is only permitted by payment of an Early Termination Fee, based upon the remaining period of your Minimum Membership Term:
- Early Termination Fee is (a) $355, OR (b) 50% of remaining membership fees + $55 admin fee, whichever of (a) or (b) is greater
14. Request for membership cancellation must be submitted to TS in writing via email@example.com, a minimum of 2 weeks before your next membership payment is to be debited.
15. We do not refund money for memberships that were paid in full (one lump sum). In that case, your option is to transfer your membership as per Clauses 15 & 16.
Transfer of Membership during minimum term
16. 3-month and 6-month Memberships are not transferable.
17. For 12 month Membership holders only:
If you become unable to complete your Minimum Membership Term of 12 months, you may transfer the Membership to a third party provided that an Administration Fee of $85.00 is paid.
- A minimum of 3 debits must remain on your initial membership term, and the third party must honour the remainder of the Minimum Membership Term, agreeing to be bound by the Terms and Conditions contained in this Agreement.
- You must notify TS in writing of any intention to transfer your Membership to a third party.
- A membership that has been transferred is non-transferrable.
- Memberships can be transferred to a third party who has not previously had a membership with TS, or when transferring to a ex-member of TS, the third party must have ended their membership at least 12 weeks prior to the transfer.
18. If you become unable to use the studio’s facilities by reason of permanent physical/medical incapacity, you will need to provide TS with a medical certificate from a qualified medical practitioner clearly stating that you are permanently unable to attend dance classes. The membership termination will include the following charges:
(a) The cost of services already provided by TS, determined by the duration of the membership prior to the termination notice;
(b) An Administration Fee of $55.00.
19. Members can apply their Referral Rewards to their membership instalments.
Member’s Assumption of Risk
20. You are aware that the use of the premises and its facilities and your participation in classes and programs conducted by TS may involve strenuous activity and special risks. You assume the foregoing risks and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of the studio’s facilities or participation in classes/fitness programs.
Limitation of Liability
21. In consideration of the grant of Membership to you, you hereby release and forever discharge TS from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your Membership and/or use of TS facilities and equipment, or from being on TS’ premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of TS and its respective owners, directors, officers, employees or agents.
22. In consideration of the grant of membership to you, you agree that TS will not be liable for any loss, damage or theft of any of your property. Further, TS will not be liable for any death, personal injury or illness occurring on studio premises or as a result of use of facilities or participation in classes.
23. SPECIFIC ACKNOWLEDGMENTS
All members undertaking monthly debit membership payments must acknowledge and agree to the following:
- Your Monthly Membership Debit may be paid by a nominated bank account or credit card, and will be debited on a monthly basis. The number of debits and amount is determined by your Minimum Term at the studio.
- On each occasion that a scheduled monthly payment is declined for any reason, the Member gives permission to TS to charge a Declined Payment Fee. The current decline fee of $10.00 may change without prior notice.
24. Should any payments, fees or other debts remain due but unpaid from any source, TS may suspend the Membership until all fees and other debts are paid in full. If payment is not received, the Membership may be cancelled.
25. TS engages the services of a Debt Collection agency to manage member accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts.
26. All fees and charges are subject to Clause 1 of this Agreement.
27. To avoid being charged the membership set-up fee, all membership renewals must be received by TS before the membership expires, and must be continuing from the end date of the prior membership.
Tropical Soul Dance Studio Rules and Regulations
Code of Conduct
The Code of Conduct must be adhered to by Members to maintain a safe and enjoyable environment. Members should respect the health and safety of each other while on the studio premises and must comply with Occupational Health and Safety requirements of the studio. Any internal signage displayed around the studio forms part of the Membership Rules and Regulations and should be treated as part of the Code of Conduct. If a member is seen to be in breach of the Code of Conduct or Rules and Regulations, management reserves the right to terminate the membership and take further action if deemed appropriate.
Damage to Property
Any member who causes damage to equipment or any property of TS will be held liable for damages. Members will be held responsible for damage caused by their children or guests.
Students must wear appropriate shoes and be suitably clothed at all times for safety and hygiene reasons. Members & students are not permitted to attend classes bare feet.
We recommend that you take your personal belongings with you inside the classroom, and leave them in the specifically provided storage spaces. Please do not leave your personal belongings in the reception area whilst you are in class.
While all care is taken, TS will not be held liable for any loss, damage or theft of belongings brought on the premises.
Unclaimed/Lost-&-Found property will be kept for 14 days and thereafter donated to charity if unclaimed.
Please help us keep the studio clean by disposing of your rubbish appropriately.
Due to the social and sometimes intimate nature of dancing, please refrain from attending TS classes whilst suffering from any infections or contagious illness, disease or other ailment where there is a risk (however small) to other students and guests.
Students are only permitted to access studios under the supervision of a TS instructor, unless they are hiring the space for personal rehearsal.