THESE TERMS AND CONDITIONS

1.1 These Terms and Conditions form a binding contract between you and Dynamite Management Australia Pty Ltd acting as trustee for Dynamite Management Australia Trust (ABN 91 032 338 862) trading as Dynamite Studios Australia (DSA or us). They supersede any previous communications or agreements between you and DSA in relation to its subject matter and are governed by the laws of Queensland.

1.2 These Terms and Conditions may be amended by us from time to time. If we make any such amendments, we will give you at least 30 days’ written notice. If such an amendment is materially detrimental to you, you may terminate this Agreement by written notice to us during such period.

1.3 In this Agreement:
(a) Afternoon School Class means any course of classes offered by us as part of our “Afternoon School” program. For the avoidance of doubt, that does not include any Vocational Education and Training courses offered by us.

(b) Student means the person named as the student in the “Student Details” section of these Terms and Conditions or, if there is no such section, in the enrolment application (being the person who will, among other things, receive the benefit of our services under this Agreement);

(c) us means DSA; and

(d) you means, if the Student is:
(i) 18 years of age or older, the Student, together with any person named as the “payor” in the “Student Details” section of these Terms and Conditions or, if there is no such section, in the Student’s enrolment application; or
(ii) under 18 years of age, the Student’s parent or legal guardian who enters this Agreement and who is named as such in the “Student Details” section of these Terms and Conditions or, if there is no such section, in the Student’s enrolment application.


ENROLMENT AND CLASS SELECTION

2.1 To apply for the Student to enroll in any Afternoon School Class, you must complete and submit an application via our online enrolment system, Dancebiz, or in any such other manner permitted by us in our absolute discretion. By submitting an enrolment application or by signing these Terms and Conditions, you agree to be bound by these Terms and Conditions.

2. The Student’s enrolment in an Afternoon School Class is subject to our notice to you that we have accepted your completed online enrolment application form and your provision of all information requested by us as part of the enrolment process, including your completed Class Selection Form and Direct Debit Form.

3. We may accept or reject your enrolment application in whole or in part our absolute discretion and we are not obliged to provide any reasons for our decision.

2.4 Prior to the later of commencement of Term One or the Student’s first class if the Student’s enrolment commences after Term One, we will notify you in writing (by email to your last-known email address is sufficient) of the schedule of the Afternoon School Class(es) for which the Student’s enrolment application has been accepted, which will be determined by us in our absolute discretion. We do not guarantee and make no representations that the Student will be accepted to participate in any particular Afternoon School Class that you select in the Class Selection Form submitted to us as part of the application process.

2.5 If you wish to request that the Student’s enrolment be transferred to another Afternoon School Class at any time prior to the commencement of Term One or after the end of Term One and the beginning of Term Two, you may submit a written request to us by email to enquiries@dsa.com.au during such periods. We will determine in our absolute discretion, and notify you of, whether such a transfer will be permitted and any conditions (such as any change to the Course Fees) attaching to such a transfer. For the avoidance of doubt, we will not permit any such transfers after the commencement of Term Three. In such circumstances, you may cancel the Student’s enrolment in accordance with clause 5 of these Terms and Conditions.

2.6 You must comply, and (if the Student is under 18 years of age) you must ensure that the Student, complies with all of our lawful directions and policies and procedures that are communicated to you (and as may be amended by us) from time to time, including the Orientation Pack provided to you as part of the enrolment process.


ENROLMENT PERIOD

3.1 Our Afternoon School Classes are run over a forty (40) week period in a calendar year (each a DSA Year), each comprising four terms on such dates determined by us (being Terms One, Two, Three and Four).

3.2 All enrolments in Afternoon School Classes are for a full DSA Year. If the Student’s enrolment commences after the Term One start date, the Student’s enrolment commences from the date that the Student’s enrolment application is accepted by us under these Terms and Conditions and will cease at the end of Term Four.

3.3 Classes will not be held on public holidays in Queensland.

3.4 Prior to the commencement of Term One, we will publish on our website the:
(a) dates of each Term and any public holidays in Queensland (on which days classes will not run) for the relevant DSA Year; and
(b) time for each Afternoon School Class for which the Student is enrolled.


FEES AND P AYMENT S

4.1 The fees payable by you to us for the Afternoon School Class(es) are set out in the invoice issued to you under clause 4.4 of these Terms and Conditions (Course Fees). Your Course Fees include all fees payable by you in relation to the Student’s enrolment in the Afternoon School Classes the Student’s costumes for the Course, along with any compulsory extras.

4.2 All Course Fees are for the full enrolment period (run over a full DSA Year).

4.3 You must pay the Course Fees to us either:
(a) in full in advance prior to the commencement of Term One, by any payment method accepted by us; or
(b) in advance in equal weekly instalments over the DSA Year by direct debit via our nominated third party direct debit company. Our third party direct debit company will direct debit your nominated account on Friday of each week during each DSA Year or at such times as otherwise agreed, and such an arrangement will be subject to the third party direct debit company’s terms and conditions.

4.4 We will provide you with an invoice for the Course Fees prior to your Commencement Date.


CANCELLATIONS AND REFUNDS

5.1 You can cancel the Student’s enrolment in a Course by providing written notice to enquiries@dsa.com.au.

5.2 To the extent permitted by law, if such notice is received by us:
(a) at any time prior to the commencement of Term One, or after the end of Term One and the commencement of Term Two, or after the end of Term Two and the commencement of Term Three:
(i) the cancellation will be effective immediately;
(ii) you will not be charged any Course Fees for the rest of the DSA Year; you will not be entitled to any refund of any Course Fees (even where the Student decides not to attend the Afternoon School Classes for such period); and
you must pay us a cancellation fee of $25 on our demand by direct transfer to our nominated bank account; or
(b) during either Term One or Term Two in the relevant DSA Year:
(i) the cancellation will be effective as of the last date of the then-current Term;
(ii) if you have not paid the full amount of the Course Fees in advance prior to commencement of Term One, your account will continue to be direct debited for Course Fees until the last date of the then-current Term (even where the Student decides not to attend the Afternoon School Classes for such period);
(iii) you will not be entitled to any refund of any Course Fees (even where the Student decides not to attend the Afternoon School Classes for such period); and
you must pay us a cancellation fee of $25 on our demand by direct transfer to our nominated bank account; or
(c) at any time after the commencement of Term Three in the relevant DSA Year:
(i) the cancellation will be effective as of the last date of Term Four;
(ii) if you have not paid the full amount of the Course Fees in advance prior to commencement of Term One, your account will continue to be direct debited for Course Fees until the last date of Term Four (even where the Student decides not to attend the Afternoon School Classes for such period);
(iii) you will not be entitled to any refund of any Course Fees (even where the Student decides not to attend the Afternoon School Classes for such period); and
(iv) you must pay us a cancellation fee of $99 on our demand by direct transfer to our nominated bank account.
For the avoidance of doubt, all dates for Terms are determined by us and are published on our website.

5.3 We can cancel the Student’s enrolment in any Afternoon School Class by providing written notice to you if you have not paid any Course Fees in accordance with, or the Student or you otherwise materially breaches, these Terms and Conditions and such non-payment or breach has not been remedied by you or the Student (as applicable) after we have given you at least 14 days’ written notice requiring its remedy. To the extent permitted by law, you will not be entitled to any refund of any Course Fees in such circumstances.

5.4 Notwithstanding any other clause in these Terms and Conditions, we may in our absolute discretion provide you with a refund if you provide proof of injury, sickness or illness.

5.4 Under the Australian Consumer Law (ACL), you may have certain rights which cannot be excluded, including guarantees as to the fitness for purpose of services. Nothing in these Terms and Conditions will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.


YOUR PRIVACY

1. You agree to DSA’s privacy policy, as notified to you and as amended from time to time.


TALENT RELEA SE
(PHOTOGRAPHIC/VIDEO /AUDIO)

7.1 We will collect personal information about you to provide our classes and courses and manage your enrolment, as well as for promotional and marketing purposes.

7.2 You agree that we may take photos, videos or audio-visual recordings of the Student in any Afternoon School Class, and record the Student’s voice, image and likeness, by means of any medium or technology (the Recordings), and that we may use the Recordings for security or promotional purposes, including but not limited to use on Dynamite Studios website or social media pages, studio brochures, studio photograph displays, end of year production brochures/videos, media that may be associated with contract work, presentations for documentation purposes, and any promotional activities or campaigns for DSA. We own all right, title and interest in the Recordings, including copyright.

7.3 All recordings will be taken, used and distributed in line with our child protection strategy.

4. You must not take photos, videos or audio-visual recordings during classes.


S AFETY AND RISK
8.1 You warrant that the Student is in good health, is physically capable of taking the Afternoon School Class you have requested the Student to enrol in, and have not been advised against the activity or type of activity in the Afternoon School Class.

8.2 You must inform us of all pre-existing medical conditions and injuries that may affect the participation of the Student in an Afternoon School Class, and must inform us of any injuries or medical conditions that develop as a result of the Student’s participation in an Afternoon School Class. You agree that you will be responsible for any injuries or medical conditions that the Student develops during an Afternoon School Class.

8.2 In the event of an accident, you authorise us or our staff to obtain medical assistance if necessary until you can be contacted. You agree to bear the costs of such medical assistance, if any.

8.3 You fully release us and our employees, contractors, officers, servants and agents (the DSA Parties) from all liability in relation to personal injury sustained by you or the Student as a result of the Student’s participation in any Afternoon School Class or otherwise at our premises, whether incurred under statute, contract, tort (expressly including negligence) or any other body of law or regulation. You indemnify the DSA Parties against all damages, actions, claims, judgments, costs and expenses (including legal fees) that the DSA Parties incur as a result of the Student’s participation in any Afternoon School Class or other course offered by DSA or otherwise at our premises.

8.4 You agree that participation in any Afternoon School Class or other course offered by DSA will expose the Student to inherent, obvious and other risks which might be dangerous or hazardous to the Student. You accept and assume these risks, which include, but are not limited to, personal injury (including but not limited to sprains, bruises, breaks, burns, paralysis or death), disease or other threat of physical harm to myself and others and damage to or theft of personal property. You acknowledge and understand that there may be a great variety of other risks relating to my participation in any Afternoon School Class or other course offered by DSA not known or reasonably foreseeable, that you also accept and assume.


MINORS
9.1 We do not accept any responsibility for minors before or after a class or a course. We may in our absolute discretion charge a reasonable fee if a minor is required to be supervised after the conclusion of a class.

CANCELLATIONS AND REFUNDS

5.1 You can cancel the Student’s enrolment in a Course by providing written notice to enquiries@dsa.com.au.

5.2 To the extent permitted by law, if such notice is received by us:
(a) at any time prior to the commencement of Term One, or after the end of Term One and the commencement of Term Two, or after the end of Term Two and the commencement of Term Three:
(i) the cancellation will be effective immediately;
(ii) you will not be charged any Course Fees for the rest of the DSA Year; you will not be entitled to any refund of any Course Fees (even where the Student decides not to attend the Afternoon School Classes for such period); and
you must pay us a cancellation fee of $25 on our demand by direct transfer to our nominated bank account; or
(b) during either Term One or Term Two in the relevant DSA Year:
(i) the cancellation will be effective as of the last date of the then-current Term;
(ii) if you have not paid the full amount of the Course Fees in advance prior to commencement of Term One, your account will continue to be direct debited for Course Fees until the last date of the then-current Term (even where the Student decides not to attend the Afternoon School Classes for such period);
(iii) you will not be entitled to any refund of any Course Fees (even where the Student decides not to attend the Afternoon School Classes for such period); and
you must pay us a cancellation fee of $25 on our demand by direct transfer to our nominated bank account; or
(c) at any time after the commencement of Term Three in the relevant DSA Year:
(i) the cancellation will be effective as of the last date of Term Four;
(ii) if you have not paid the full amount of the Course Fees in advance prior to commencement of Term One, your account will continue to be direct debited for Course Fees until the last date of Term Four (even where the Student decides not to attend the Afternoon School Classes for such period);
(iii) you will not be entitled to any refund of any Course Fees (even where the Student decides not to attend the Afternoon School Classes for such period); and
(iv) you must pay us a cancellation fee of $99 on our demand by direct transfer to our nominated bank account.
For the avoidance of doubt, all dates for Terms are determined by us and are published on our website.

5.3 We can cancel the Student’s enrolment in any Afternoon School Class by providing written notice to you if you have not paid any Course Fees in accordance with, or the Student or you otherwise materially breaches, these Terms and Conditions and such non-payment or breach has not been remedied by you or the Student (as applicable) after we have given you at least 14 days’ written notice requiring its remedy. To the extent permitted by law, you will not be entitled to any refund of any Course Fees in such circumstances.

5.4 Notwithstanding any other clause in these Terms and Conditions, we may in our absolute discretion provide you with a refund if you provide proof of injury, sickness or illness.

5.4 Under the Australian Consumer Law (ACL), you may have certain rights which cannot be excluded, including guarantees as to the fitness for purpose of services. Nothing in these Terms and Conditions will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.

Our relationship with you is based on trust.
Information is collected for two reasons: to
provide you with the best possible service and to
communicate with you regularly. Your information
will not be shared with a third party without your
consent. Information will be held securely and
in accordance with regulatory requirements.
Agreement to these Terms and Conditions
includes approval for DSA to share your financial
information with our preferred direct debit
provider only.