Terms and Conditions Cortés Dance

 Last Updated: 28th of May 2021

 General Terms

This agreement is between T.T DE CAIRES GALBIATI & P.M GONZALEZ DELGADO, trading as Cortés Dance to Inspire (referred to within these terms & conditions as “Cortés”) and anyone who subscribes, buys, enrols or attends any of Cortés’ products and services. By subscribing, buying, enrolling or attending any of Cortés’ products and services, you agree to be bound by the terms and conditions below as well as for any future purchases.  

Cortes Up To Date

The most up to date information regarding classes, timetable, locations, prices, etc will be displayed on our website: www.cortesdance.com.au

In case of discrepancy of information published on the website and any other materials or provided over the phone, the information displayed on the website will prevail.

Refund Policy 

All Cortés Dance products and services are NON-REFUNDABLE. Please see ‘Cancellations & Refunds’ section for details on how to cancel your membership and if you are eligible. 

Account Information 

It is your responsibility to maintain up-to-date contact details with Cortés and to check your emails including ‘spam/junk’ mail to ensure you receive all information necessary from Cortés, as well as to check our website and social media pages for important updates.  

Payments 

General Terms 

  • All services provided by Cortés must be paid in advance. Any outstanding amounts in your account must be paid before you can attend classes or any of our services with Cortés, which include but are not limited to: group classes, private classes, bootcamps, workshops, assessment class, performance courses and extra-rehearsals. 
  • If you have attended any of our classes, events, workshops etc, your credit card/bank account may be charged automatically. We have the right to charge your credit card at regular intervals until full payment is received. Any declined payments may incur additional fees through our payment gateway Square. 
  • If you are on a monthly payment contract, your membership fee will be charged in advance each month. We will debit your membership fee from your nominated account or credit card on the same day every month. 
  • Passes (Class pass, Intro Pass, Full Pass) are paid in advance. Passes  can not be transferred to another person. 
  • If you are on a weekly payment contract, your membership fee will be charged in advance each week. We will debit your membership fee from your nominated account or credit card on the same day every week. 
  • If you prefer to pay your membership fee in advance, you can make a full upfront payment at a discounted rate. 
  • 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. 
  • It is your responsibility to make sure your account has enough funds for us to charge your membership fees. 
  • It is your responsibility to tell us if you are transferring or closing your account, at least 48 hours before your next direct debit. 
  • It is your responsibility to tell us about any changes to your credit card details, at least 48 hours before your next direct debit. 
  • You must provide us with a valid credit card for the duration of your contract with Cortés, including updating if the card has expired or is no longer valid. Failure to provide an updated credit card immediately upon request may result in termination of your contract with all future memberships being paid upfront only. 

 

What happens if your direct debit fails? 

If you do not have sufficient funds to fully pay your fees on the due date, we will suspend your access to classes until your payments are up to date. We will continue to debit your nominated account without notice, until we have received the total amount you owe us. Should we continue to be unable to collect payment from your nominated bank account or credit card, we will contact you and ask you to nominate an alternative bank account or credit card for direct debit.  

Our Fees 

Can we increase your fees? 

Our fees are displayed on the website. In case of discrepancy of fees displayed on the website and reception, the fees advertised on the website must be considered the correct ones. 

We reserve the right to increase our fees at any time without notice. We will make a reasonable effort to inform you and all students of 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. Any fee increase will only affect you after the expiry date of your current membership or if you sign-up for a new contract. 

 

Private Lessons, Pro-Am, Wedding Dance Lessons.  

General Terms 

  • Prices are inclusive of GST and studio hire at Cortés premises. 
  • Bookings can only be confirmed upon full payment. 
  • Private classes are non-refundable but can be credited and used towards other Cortés services upon approval. 
  • Private classes and passes are valid for 1 year from the date of purchase and cannot be extended. 
  • All passes and group privates must be paid upfront and in a single transaction.  
  • Cancellations with over 24hrs notice: class can be rescheduled at no cost. 
  • Cancellations with less than 24hs notice or no show are not re-schedulable and not refundable. 

 

Choreography Courses 

General Terms 

This agreement is between Cortés and the students enrolled to any of Cortés’ performance courses. By signing-up to a choreography, any performance team or performance course (referred to as ‘choreos’) you agree with the terms and conditions below. 

Prices and Payment 

  • Advertised prices include GST. 
  • Students are not allowed to “try” choreos. Full payment must be done before the start of the performance course. 
  • Discounts for members apply when membership is active at time of purchase and for the duration of the choreography course.  
  • Late bookings or payments received after the choreo start date will incur a $20 fee per choreo. It is your responsibility to pay before the start date. 
  • You must pay the full amount of the course in order to secure your spot. 
  • A $20 fee is payable for any extra training session required. Payment must be done prior to attending your extra training session. Failing to pay your extra training session prior to attending your extra training session will incur an extra $10 admin fee. The total of $30 will be charged. 
  • Choreography course fees are non-refundable as Cortés commits resources based on the number of students taking part in our courses. 
  • If Cortés cancels the choreography you have booked for, and you do not wish to transfer your booking to another choreography, a proportional refund of cancelled sessions will be provided upon request.  
  • Once your booking is confirmed, you are committed to pay the full fee for all the courses you have booked in, in full. 
  • If you are injured or ill and you have to withdraw from the choreography, we will refund or credit the proportional amount of remaining sessions, minus a $50 admin fee, subject to approval. Requests cannot be backdated, and must include a medical certificate. 
  • Choreo courses cannot be transferred. Every new person joining must pay for their enrollment in full. 

 

Attendance and Readiness 

  • You must attend at least 70% of the course or you may be restricted from performing due to lack of readiness. 
  • When you miss training sessions, or if you don’t feel ready, you can book choreo catch-up private classes, which will bring you up to speed with the group. 
  • Should the duration of the choreography course exceed the initial scheduled hours to master, a fee of $20 per hour will apply for subsequent classes. We encourage instructors to limit extra sessions to a maximum of 3 hours per choreography. 

 

Extra Costs 

  • The cost of the choreography course does not include costumes and shoes. 
  • Some events require the performers to pay a full pass at your cost. 

 

Copyright and Use of image 

  • All choreographies taught by any of Cortés instructors are property of Cortés and are not to be used for any other unauthorized purpose than at Cortés authorised events. 
  • By signing up for any of Cortés’ choreographies, you are authorizing the use of your image, captured in photos and/or videos during the performance or rehearsals, by Cortés for any type of promotional purposes. 

ealth & Fitness 

  • By signing-up to a Pro-Am Choreography you acknowledge and agree that classes may be physically strenuous and that you voluntarily participate. You also acknowledge and agree that there is risk of personal injury, property loss or death. You agree that neither you nor your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Cortés, your instructor, or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. 

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. Any children brought onto the premises must be supervised at all times. 

 Damage to Property

Any member who causes damage to equipment or any property of Cortés will be held liable for damages. Members will be held responsible for damage caused by their children or guests.

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 week, and any items left on the premises are not the responsibility of Cortés or staff. 

Dress Code

Students must wear appropriate dance shoes and be suitably clothed at all times for safety and hygiene reasons. Members & students are not permitted to attend classes bare feet.

Close contact 

You understand that certain classes and choreographies require physical contact and close proximity with dance partners including holding of hands, leading the partner with physical cues, lifts and other moves. We expect all participants to behave in a safe and appropriate manner at all times. If you are uncomfortable with participating, you must contact Cortés management immediately so that we can guide you in finding a more suitable class for you. 

Attending classes 

Numbers are restricted, and classes are filled on a first come first served basis. Please note classes are on during public holidays.

Timetable & Scheduled Instructors 

We reserve the right to add, change or remove classes and instructors on our timetables or performance courses without notice. The most up-to-date timetable will be available at our website, however last-minute changes of instructors can occur. 

Free Taster Class

Must be claimed on the website and used in the dates and times schedule. Please use the “Free Taster Class” page to register. Valid for new clients only. 

Your health  

In attending our classes, we trust that you are in good health and that you know of no medical or other reason why you cannot or should not engage in 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. You understand there are specific risks of physical or property damages, losses, or injury that may result from your participation with Cortés classes, and you voluntarily assume the risks associated with such participation. 

Age Restrictions 

  • All Cortés services, including but not limited to classes, bootcamps, performance courses, etc are designed for adults over the age of 18. 
  • By attending any of our classes, you agree that you are over the age of 18. 
  • Anyone under the age of 18 wanting to attend classes or any of our services, must be accompanied by a parent or supervising adult and seek prior approval from Cortés. 
  • If you appear to be under the age of 18, you may be asked to provide ID to prove your age. Cortés has the right to refuse entry to anyone under the age of 18 not accompanied by an adult or anyone who fails to present a valid ID. 

Physical Condition

Due to the social and sometimes intimate nature of dancing, please refrain from attending 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. Please consider your personal hygiene for the enjoyment of all members.

Studios

Students are only permitted to access studios under the supervision of a Cortés instructor, unless they are hiring the space for personal rehearsal.

 

What happens if you break the studio code?

We can refuse entry to anyone who acts unreasonably or breaks the studio code of conduct. 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 but limited to:

  • •    Threatening or harassing others
  • •    Damaging premises
  • •    Using illegal or performance-enhancing drugs
  • •    Instructing other members when we have not authorised you to do so.

 

 

Staff Code Of Conduct

  • Cortés staff will maintain a professional relationship with all students and clients of Cortés and prioritise providing professional service and care throughout their employment.
  • Staff will always strive to provide excellent customer service to all clients and ensure a professional and understanding attitude with calm and clear communication.
  • Instructors and staff will be punctual and respectful of student’s time and aim to keep classes running on schedule.
  • Instructors and staff will be aware of safety in the studio, monitor student behaviour, and inform the directors of any incidents witnessed as soon as reasonably possible.
  • All staff when opening/closing the studio will act responsibly with the handling of monies, keys, and all Cortés property and ensure the facilities and premises are protected.
  • Cortés has zero tolerance for the use or presence of illicit substances within the premises or at any associated events, whilst working for or representing the studio.
  • Staff will always remain professional in the presence of alcohol or at parties and events.
  • Staff will abide by Cortés privacy policy regarding student’s and staff’s personal and private information at all times, both inside and outside the studio.

 

Privacy Policy

PRIVACY POLICY

The privacy of your personal information is very important to Cortés. 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 Cortés collects and uses your information. This Privacy Policy covers the information you provide to us offline and at Cortés’s web site.

HOW DOES Cortés COLLECT AND USE MY INFORMATION?

When you register for classes at Cortés, we collect contact information such as names, addresses, phone numbers, emergency contacts, e-mail addresses and student information such as student names, birthdays, medical conditions, and your comments. This information is needed to manage studio business and will not be used or sold for any other purpose, except as described below. Optional information is requested to help us better understand our customers 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 register, you are required to enter an e-mail address and a password. The combination of that e-mail account and password is used to ensure that only you have access to, and only you have the ability to modify, your personal information through Cortés’s website. Cortés office personnel have access to your personal information only to manage the studio business.

Cortés 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 the office.

LINKS TO OTHER WEBSITE

Our Web sites will link to other Web sites and services from time to time. Cortés will always attempt to associate with only the most trustworthy partners who share our high standards regarding privacy. Nevertheless, we are not responsible for the content of and privacy practices of any other companies or Web sites.

Understanding our rights 

Cortés reserves the right to review, amend, update and change this Privacy Policy to reflect its practices and obligations. Any changes will take effect when they are made or posted on our website and clients with active memberships will be contacted. 

Allowing us to use your image 

We sometimes film and/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. 

Change of location 

We can change the location of the school at any time. 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 a written notice via email outlining the details of any changes. 

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. 

MEMBERSHIP AND PASSES
TERMS & CONDITIONS

Cortés Dance Membership Agreement Terms & Conditions

  • Cortés reserves the right to change the conditions of Membership, conditions of Class passes, hours of operation, classes and instructors, at any time, at its sole discretion and without prior notice to the Member. Any such changes may be notified to you via email, studio signs and announcements or facebook and on the website.
  • The term and conditions and the signed membership form may be changed or updated by Cortés at any time at its discretion and without prior notice.
  • You must inform Cortés 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 sign in at reception every time you enter the studio.
  • Please book into any course you choose to attend through our online registration online system. Without booking, you may not be allowed to join a class, as numbers may be limited.
  • The online registration closes once the course has started.
  • You must register according to your level only. If you are unsure please speak with an instructor.
  • Members who fail to attend a course for 3 weeks in a row, can be removed from this course.
  • No Transfer or refunds are possible on Cortés Services purchased.
  • The studio may be closed for up to 20 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. Eg a 12 month membership is for 48 weeks. Therefore upto 20 days per year the studio regular classes may not be on. We also usually provide services during public holidays at no extra cost. Should you wish to freeze your membership the regular freeze conditions below apply.

Cooling-Off Period

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 Cortés.

The following charges will apply should you cancel the contract during this period:

(a) The cost of services provided to you during this Cooling-Off Period, and;

(b) An Administration Fee of $65.00

Minimum Age

Membership is limited to persons who are at least 16 years of age.

Time Freeze

MEDICAL / BUSINESS TRAVEL

Time Freeze is granted on written application for medical and work assignments outside of Melbourne 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) 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:

3 weeks – for a 3 month Membership

2 weeks- for a 8 week Pass

Requests for Time Freeze must be submitted to Cortés at [email protected] 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 may 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 (8 weeks) will be extended by the period of the Time Freeze.
  • Amy freeze period will be applied to the end of your membership. That is, your direct debits will continue as per agreed schedule and any frozen period is applied to the end of your membership term.
  • Time Freeze cannot be applied during free or discounted periods received from promotional campaigns, competition wins or discount vouchers or other irregular circumstances.

None payment of membership

We reserve the right to suspend your membership for non payment. Where payments have failed, and you have failed to contact Cortés to resolve the outstanding amount we can apply a nominal collection and late payment fee of $20 per month. We will engage the use of a debt collection agency in the event you do not meet your payment obligations. In this case, you agree to be liable for the costs of debt collection as well as the outstanding debt.

Cancellation of Membership

  • Your Membership may be cancelled by Cortés if you do not adhere to the Guidelines, if your behaviour at Cortés is not acceptable, or for any other reason that the management decides is appropriate. Cortés reserves the right to refuse future Membership to you in these circumstances.
  • Except where set out elsewhere in this Agreement, cancellation by you 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) $495, OR (b) 50% of remaining membership fees + $65 admin fee, whichever of (a) or (b) is greater
  • Requests for membership cancellation must be submitted in writing to [email protected], a minimum of 3 days before your next membership payment is to be debited.
  • We do not refund any monies paid for memberships that were paid in a lump sum. In that case, your option is to transfer your membership as per Clauses below (Transfer of Membership during minimum term and For 12 month Membership holders only)

Transfer of Membership during minimum term

  • 3-month and 6-month Memberships are not transferable.
  • Passes  and up front payments are not transferable or refundable under any circumstances.

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 $95.00 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 Cortés in writing of any intention to transfer your Membership to a third party.
  • A membership that has been transferred is non-transferrable again.
  • Memberships can be transferred to a third party who has not previously and does not currently have a membership with Cortés.

Permanent Incapacity

If you become unable to use the studio’s facilities by reason of permanent physical/medical incapacity, you will need to provide Cortés 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 Cortés, determined by the duration of the membership prior to the termination notice;

(b) No Administration Fee is charged.

Member’s Assumption of Risk

You are aware that the use of the premises and its facilities and your participation in classes and programs conducted by Cortés 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

In consideration of the grant of Membership to you, you hereby release and forever discharge Cortés 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 Cortés facilities and equipment, or from being on Cortés’ 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 Cortés and its respective owners, directors, officers, employees or agents.

In consideration of the grant of membership to you, you agree that Cortés will not be liable for any loss, damage or theft of any of your property. Further, Cortés 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.

Payment Terms for Monthly Memberships

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 and will be debited on a monthly basis. The number of debits and amount is determined by your Agreed Membership Period at the studio.
  • On each occasion that a scheduled monthly payment is declined for any reason, the Member gives permission to Cortes to charge a Declined Payment Fee. The current decline fee of $10.00 may change without prior notice.
  • Should any payments, fees or other debts remain due but unpaid from any source, Cortés may suspend the Membership until all fees and other debts are paid in full.
  • Should any member not comply with their agreed payment terms Cortés engages the services of a Debt Collection agency to collect member accounts including failed payments, cancelled direct debits and all other breaches. It is noted that should debt collection be required any costs incurred by Cortés payable to the agency will be the responsibility of the member.
  • All fees and charges are subject to Clause 1 of this Agreement.
  • To avoid being charged an administration fee of $35, all membership renewals must be received by Cortés before the membership expires, and must be continuing from the end date of the prior membership.