BPA Dance Studio Master Terms and Conditions
Effective from: 14/09/2026
Last updated: 14/09/2026
These Terms and Conditions apply to all enrolments, classes, programs, performances, competitions, examinations, workshops, private lessons, events and other services provided by BPA Dance Studio.
1. Definitions
In these Terms and Conditions:
Account means the family, customer or billing account associated with an enrolment.
Account Holder means the person who completes or authorises the enrolment, provides payment details, makes payments, or otherwise assumes responsibility for the Student’s Account.
BPA means BPA Dance Studio and, where relevant, its owners, directors, employees, teachers, contractors, volunteers and authorised representatives.
Class includes any group class, private lesson, rehearsal, workshop, training session, examination preparation session or other activity provided by BPA.
Enrolment means the registration of a Student in any BPA Class, program or activity, whether completed through the Parent Portal, BPA’s website, by email, by telephone, in person or through another method accepted by BPA.
Fees means all amounts payable in connection with an Enrolment, including tuition fees, registration fees, late fees, performance fees, competition fees, examination fees, costume fees, private lesson fees, merchandise charges and any other properly disclosed charge.
Parent Portal means the online enrolment, scheduling, communication and account management system used by BPA.
Parent or Guardian means any parent, legal guardian, carer or other adult responsible for the Student.
Policies means BPA’s current policies, procedures, handbooks, codes of conduct and reasonable operational requirements, as communicated or published from time to time.
Student means the person enrolled in or participating in a BPA Class, program, performance, event or other activity.
Terms means these Master Terms and Conditions together with any policies, fee schedules, event conditions or program-specific conditions expressly incorporated into them.
2. Acceptance of Terms
2.1 By submitting, confirming or authorising an Enrolment, the Account Holder acknowledges that they have been given access to these Terms and agrees to be bound by them.
2.2 Acceptance occurs when the Account Holder does any one or more of the following:
a. submits an Enrolment through the Parent Portal or BPA website;
b. asks BPA to enrol or reserve a place for a Student;
c. confirms an Enrolment by email, telephone, message or in person;
d. provides payment or direct debit details;
e. pays any Fee connected with an Enrolment;
f. permits the Student to attend a Class after being given access to these Terms; or
g. continues an existing Enrolment after being notified that updated Terms have commenced.
2.3 A handwritten or electronic signature is not required for acceptance where agreement is otherwise demonstrated through the Enrolment process or the Account Holder’s conduct.
2.4 The Account Holder must review these Terms before completing an Enrolment. If the Account Holder does not agree to the Terms, they must not submit or continue the Enrolment.
2.5 The Account Holder confirms that all information supplied during Enrolment is accurate, current and complete.
2.6 The Account Holder must ensure that any other Parent or Guardian involved in the Student’s attendance, collection, payment or participation is aware of the relevant Terms and Policies.
2.7 The Account Holder is responsible for the Student’s compliance with all age-appropriate requirements contained in these Terms and BPA’s Policies.
3. Authority to Enrol a Student
3.1 The person completing or authorising an Enrolment confirms that they:
a. are at least 18 years of age;
b. are authorised to enrol the Student;
c. are authorised to provide the information submitted to BPA;
d. are authorised to make decisions relating to the Student’s participation, except where BPA has been notified otherwise in writing; and
e. accept responsibility for complying with these Terms.
3.2 BPA may rely on the authority represented by the person completing the Enrolment unless BPA receives written notice of a dispute, court order, parenting order or other legal restriction affecting that authority.
3.3 BPA is not required to determine or mediate disputes between parents, guardians or other family members.
3.4 Where BPA receives conflicting instructions concerning a Student, BPA may temporarily suspend attendance, communication changes, account access or other action until satisfactory written evidence of authority is provided.
3.5 The Account Holder must promptly notify BPA of any court order, parenting arrangement, collection restriction or other circumstance that may materially affect the Student’s enrolment, safety, attendance or release from BPA’s care.
4. Account Holder’s Financial Responsibility
4.1 The Account Holder accepts primary responsibility for paying all Fees associated with the Enrolment.
4.2 Responsibility for payment is not affected by:
a. any private arrangement between parents, guardians or third parties;
b. a family law, child support or expense-sharing arrangement to which BPA is not a party;
c. the failure of another person to contribute toward the Fees;
d. a change in family circumstances;
e. the Student’s non-attendance; or
f. a dispute between parents or guardians.
4.3 Where more than one person is recorded as financially responsible for an Account, each person is jointly and individually responsible for the full amount owing, to the extent permitted by law.
4.4 BPA may communicate with any recorded Account Holder about Fees, overdue amounts, payment arrangements and the status of the Enrolment.
4.5 The Account Holder must not provide another person’s payment details without that person’s authority.
4.6 A person who provides payment or direct debit details confirms that they are authorised to use the nominated account or payment method.
4.7 Removing or changing a payment method does not cancel the Enrolment or remove liability for amounts already owing.
5. Electronic Records and Communications
5.1 The Account Holder agrees that enrolment records, portal records, payment records, emails, messages and other electronic records may be retained as evidence of the Enrolment, acceptance of these Terms and communications between BPA and the Account Holder.
5.2 BPA may provide notices, invoices, account statements, policy updates and other communications by:
a. email;
b. SMS or text message;
c. the Parent Portal;
d. BPA’s website;
e. an enrolment or studio management platform; or
f. Another electronic method ordinarily used by BPA.
5.3 A communication sent to the contact details recorded on the Account will be treated as having been properly sent unless BPA receives notice that delivery failed.
5.4 The Account Holder is responsible for:
a. maintaining accurate email addresses and telephone numbers;
b. regularly checking the Parent Portal and nominated email account;
c. checking junk, spam and promotional folders; and
d. notifying BPA promptly of any change to their contact, emergency or payment information.
5.5 Failure to read a properly issued communication does not, by itself, invalidate the communication or remove the Account Holder’s obligations.
5.6 Nothing in this section prevents the Account Holder from showing that a communication was not reasonably accessible or was not properly sent.
6. Enrolment and Class Places
6.1 Enrolment is ongoing and continues from week to week until cancelled in accordance with these Terms and Conditions.
6.2 An Enrolment reserves a place for the Student in their nominated class or classes. BPA limits class numbers to maintain appropriate student-to-teacher ratios and quality of instruction. By reserving a place for a Student, BPA is unable to offer that place to another student.
6.3 Tuition fees are charged for the reservation of a class place and the ongoing delivery of the program. Tuition fees are not charged solely for individual attendance at classes.
6.4 BPA reserves the right to determine class allocations, age groups, levels and progression based on the Student’s age, ability, experience, safety, class capacity and the overall operation of the studio.
6.5 BPA may combine, divide, relocate, reschedule or discontinue classes where reasonably necessary due to enrolment numbers, staffing, venue availability, safety requirements or other operational reasons.
6.6 BPA will use reasonable efforts to notify families of significant timetable or teacher changes before they take effect. Such changes do not constitute grounds for cancellation without the required notice period or for a refund, except where required by law.
6.7 A Student may only attend classes for which they are currently enrolled unless BPA has provided prior approval.
6.8 BPA reserves the right to refuse, suspend or cancel an Enrolment where:
a. Fees remain unpaid;
b. these Terms and Conditions are breached;
c. the behaviour of a Student, Parent, Guardian or visitor is considered unsafe, abusive, threatening, discriminatory, defamatory or repeatedly disruptive;
d. BPA reasonably believes continued participation may pose an unacceptable risk to the safety or wellbeing of any person; or
e. continuing the Enrolment would otherwise materially impact the safe or effective operation of the studio.
6.9 Where BPA suspends or cancels an Enrolment due to a breach of these Terms, any Fees accrued up to the date of suspension or cancellation remain payable.
6.10 A temporary absence, holiday, injury, illness, failure to attend classes, suspension of attendance due to an overdue account or ceasing direct debit payments does not automatically suspend or cancel an Enrolment.
6.11 The Account Holder remains responsible for all Fees until the Enrolment has been cancelled in accordance with these Terms and all outstanding amounts have been paid.
6.12 BPA may impose reasonable limits on class numbers, waiting lists, trial classes, make-up classes and transfers between classes to ensure the safe and efficient operation of the studio.
6.13 Nothing in these Terms limits any rights or remedies available to the Account Holder under the Australian Consumer Law that cannot lawfully be excluded.
7. Fees, Payments and Direct Debit
7.1 General
7.1.1 All Fees are payable by the Account Holder in accordance with BPA’s current fee schedule.
7.1.2 By enrolling, the Account Holder agrees to pay all Fees associated with the Student’s Enrolment until the Enrolment is cancelled in accordance with these Terms.
7.1.3 Tuition fees reserve a place in a class and are not calculated solely on the number of classes attended.
7.1.4 Fees are payable regardless of attendance except where these Terms expressly provide otherwise or where required by law.
7.1.5 All Fees are quoted in Australian Dollars (AUD).
7.2 Direct Debit
7.2.1 Tuition fees are payable by direct debit unless BPA agrees otherwise in writing.
7.2.2 The Account Holder authorises BPA and its nominated payment provider to debit the nominated payment method for all Fees and charges owing under these Terms.
7.2.3 The Account Holder is responsible for ensuring:
a. payment details remain current;
b. sufficient funds are available on each payment date;
c. expired or replaced cards are updated immediately; and
d. any banking changes are notified before the next scheduled payment.
7.2.4 Cancelling, blocking or disputing a direct debit with a financial institution does not cancel an Enrolment or remove any payment obligation.
7.3 Failed or Declined Payments
7.3.1 Where a payment is declined, dishonoured or otherwise unsuccessful, BPA may automatically retry the payment.
7.3.2 The Account Holder must rectify any failed payment immediately upon notification.
7.3.3 BPA may pass on any reasonable merchant or payment processing fees incurred as a result of failed payments where permitted by law.
7.3.4 BPA may suspend attendance until the account has been brought up to date.
7.4 Late Payments
7.4.1 Accounts that remain unpaid two (2) days after the due date will incur a $15 late payment fee.
7.4.2 An additional $15 late payment fee will be applied every seven (7) days while any balance remains outstanding.
7.4.3 Late payment fees form part of the outstanding account balance and are payable in the same manner as tuition fees.
7.4.4 BPA may waive late fees at its sole discretion. A decision to waive late fees on one occasion does not create an entitlement to future waivers.
7.5 Overdue Accounts
7.5.1 If an account becomes overdue, BPA may, without limiting any other rights available:
a. suspend the Student from attending classes;
b. suspend participation in performances, examinations, competitions, workshops, rehearsals or private lessons;
c. withhold costumes, awards, certificates or other items until the account is paid;
d. refuse future bookings or Enrolments;
e. cancel the Enrolment; or
f. require payment in full before any further services are provided.
7.5.2 Any suspension of attendance due to non-payment does not reduce, pause or waive Fees already payable.
7.5.3 BPA is under no obligation to reserve the Student’s place following cancellation for non-payment.
7.6 Debt Recovery
7.6.1 Where an account remains unpaid after BPA has made reasonable attempts to obtain payment, BPA may refer the debt to a debt collection agency or commence legal proceedings.
7.6.2 To the extent permitted by law, the Account Holder agrees to reimburse BPA for reasonable costs incurred in recovering unpaid amounts, including debt collection costs, court filing fees, solicitor’s costs where recoverable, tracing costs and other lawful recovery expenses.
7.6.3 BPA may apply any credit held on an Account against any outstanding balance.
7.6.4 BPA may refuse to accept any future Enrolment from an Account Holder with an outstanding debt until all amounts have been paid.
7.7 Fee Changes
7.7.1 BPA may review and adjust its Fees from time to time.
7.7.2 BPA will provide reasonable notice before any Fee increase takes effect.
7.7.3 Continued Enrolment after the commencement of the new Fees constitutes acceptance of the revised Fee schedule.
7.8 Refunds and Credits
7.8.1 Fees paid are generally non-refundable except where required by the Australian Consumer Law.
7.8.2 Credits, fee adjustments or goodwill refunds may be offered by BPA at its discretion but are not guaranteed.
7.8.3 Any approved credit:
a. is applied to the relevant BPA Account only;
b. cannot be exchanged for cash;
c. is not transferable to another person unless approved by BPA; and
d. may be subject to an expiry date advised by BPA.
7.8.4 Refunds will not be provided because a Student chooses not to attend, changes activities, loses interest, relocates, changes schools, experiences scheduling conflicts or for any other personal reason unless otherwise required by law.
7.9 GST
Where GST applies, all Fees are inclusive of GST unless otherwise stated.
8. Cancellations, Attendance, Absences and Make-Up Classes
8.1 Cancellation by the Account Holder
8.1.1 Enrolment may be cancelled at any time by providing a minimum of two (2) weeks’ written notice to BPA.
8.1.2 Notice is effective from the date it is received by BPA, not the date it is sent.
8.1.3 Cancellation requests must be submitted by email or another written method approved by BPA. Verbal advice to a teacher or staff member does not constitute cancellation.
8.1.4 Tuition Fees remain payable throughout the required notice period, regardless of whether the Student attends classes during that period.
8.1.5 An Enrolment is not cancelled by:
a. ceasing attendance;
b. failing to attend classes;
c. advising a teacher verbally;
d. cancelling or disputing a direct debit;
e. changing activities; or
f. assuming the Enrolment has ended.
8.1.6 The Account Holder remains responsible for all Fees until the cancellation process has been completed and all outstanding amounts have been paid.
8.2 Cancellation by BPA
8.2.1 BPA may suspend or cancel an Enrolment where:
a. Fees remain unpaid;
b. these Terms or BPA Policies are breached;
c. the conduct of the Student, Parent, Guardian or visitor is unsafe, abusive, threatening, discriminatory, defamatory or repeatedly disruptive;
d. false or misleading information has been provided during Enrolment;
e. continued participation presents an unacceptable risk to the safety or wellbeing of students, families or staff; or
f. BPA reasonably considers that continuing the Enrolment would materially affect the safe or effective operation of the studio.
8.2.2 BPA may also cancel or alter a Class due to insufficient enrolments, staffing changes, venue availability, force majeure or other operational reasons.
8.2.3 Where BPA cancels a Class permanently and no suitable alternative can be offered, any prepaid Fees relating to future Classes will be refunded or credited at BPA’s discretion, subject to the Australian Consumer Law.
8.3 Attendance
8.3.1 Students are expected to attend classes regularly to support their progress and the learning of the class as a whole.
8.3.2 Tuition Fees reserve a place in a Class and are payable whether or not the Student attends.
8.3.3 Students arriving significantly late may not be permitted to participate where it is unsafe or disruptive to do so.
8.3.4 BPA reserves the right to refuse participation where a Student is unwell, injured or otherwise unable to safely participate.
8.4 Student Absences
8.4.1 BPA appreciates notification of all absences through the Parent Portal, email or another approved communication method.
8.4.2 Absence due to illness, holidays, school commitments, work commitments, family events or any other personal reason does not reduce or waive Tuition Fees.
8.4.3 BPA is under no obligation to provide refunds for missed Classes except where required by law.
8.5 Make-Up Classes
8.5.1 BPA may offer make-up Classes for eligible programs where reasonably practicable.
8.5.2 Make-up Classes are provided as a courtesy and are not a contractual entitlement.
8.5.3 Make-up Classes:
a. are subject to availability;
b. must be booked through BPA’s booking system where applicable;
c. must be used within the period specified by BPA;
d. cannot be exchanged for cash, refunds or account credit;
e. cannot be transferred to another Student without BPA’s approval; and
f. may be withdrawn or amended by BPA at any time.
8.5.4 BPA does not guarantee that a suitable make-up Class will always be available.
8.6 Extended Illness, Injury or Surgery
8.6.1 Students who are unable to attend for four (4) or more consecutive weeks due to illness, injury or surgery may apply for special consideration.
8.6.2 Applications must:
a. be made in writing;
b. be submitted as soon as reasonably practicable;
c. include a medical certificate covering the relevant period; and
d. include any other information reasonably requested by BPA.
8.6.3 Any fee waiver, account credit, adjustment or alternative arrangement is entirely at BPA’s discretion.
8.6.4 Approval of one request does not create a precedent or entitlement for future requests.
8.7 Public Holidays and Studio Closures
8.7.1 BPA’s annual calendar determines the operating weeks for each year.
8.7.2 Tuition Fees are based on the annual program and are not calculated solely on individual weekly attendance.
8.7.3 Unless otherwise advised, no refund or credit is payable for Classes that do not operate on recognised public holidays or during scheduled studio closures where these have been incorporated into BPA’s annual fee structure.
8.8 Force Majeure
8.8.1 BPA is not responsible for delays, interruptions or cancellations caused by circumstances beyond its reasonable control, including natural disasters, severe weather, pandemics, government directions, venue closures, power failures, industrial action or other unforeseen events.
8.8.2 Where reasonably practicable, BPA may provide alternative Classes, online instruction, rescheduled Classes or another reasonable substitute, but is not obliged to do so unless required by law.
9. Student Conduct, Parent Conduct and Studio Expectations
9.1 General Expectations
9.1.1 BPA is committed to providing a safe, respectful, inclusive and positive environment for all students, families, staff, contractors and visitors.
9.1.2 All Students, Parents, Guardians and visitors are expected to behave respectfully at all times while attending BPA classes, events, competitions, performances, rehearsals or when communicating with BPA.
9.1.3 The Account Holder is responsible for ensuring that the Student and any person attending BPA on the Student’s behalf complies with these Terms and BPA’s Policies.
9.2 Student Behaviour
Students must:
a. follow the reasonable directions of teachers and staff;
b. treat other students, staff and visitors with courtesy and respect;
c. participate in a manner that promotes a safe learning environment;
d. wear appropriate uniform and footwear where required;
e. take reasonable care of studio property and equipment;
f. refrain from behaviour that is unsafe, disruptive, intimidating, discriminatory or offensive.
9.3 Parent and Guardian Behaviour
Parents, Guardians and visitors must:
a. communicate respectfully with BPA staff and other families;
b. support a positive learning environment for all students;
c. comply with all reasonable directions given by BPA staff;
d. avoid disrupting classes, rehearsals or performances;
e. supervise children who are not participating in classes;
f. respect the privacy and dignity of other students and families.
9.4 Unacceptable Behaviour
Without limitation, BPA considers the following behaviour unacceptable:
a. abusive, aggressive or threatening language;
b. harassment, bullying or intimidation;
c. discrimination, vilification or unlawful harassment;
d. physical violence or threatening conduct;
e. repeated disruptive behaviour;
f. deliberate damage to studio property;
g. behaviour that places another person at risk;
h. recording or photographing others without permission where inappropriate;
i. publishing false, misleading or defamatory statements about BPA, its staff, students or families;
j. using social media to harass, intimidate or target staff, students or other families;
k. attending the studio while affected by illegal drugs or excessive alcohol; or
l. refusing to follow reasonable health, safety or emergency directions.
9.5 Social Media and Online Conduct
9.5.1 Students, Parents and Guardians must not use social media, messaging platforms, review websites or other public forums to harass, threaten, intimidate or defame BPA, its staff, contractors, volunteers, students or families.
9.5.2 Nothing in these Terms prevents a person from making a genuine complaint, providing an honest review based on their own experience or exercising any legal right.
9.5.3 BPA encourages concerns to be raised directly with management so they may be addressed promptly and fairly.
9.6 Suspension and Removal
9.6.1 BPA may refuse entry, suspend participation or terminate an Enrolment where it reasonably believes a Student, Parent, Guardian or visitor has engaged in serious or repeated unacceptable behaviour.
9.6.2 BPA will generally seek to resolve issues through discussion before taking action where appropriate. However, BPA may take immediate action where reasonably necessary to protect the safety, wellbeing or operation of the studio.
9.6.3 Where an Enrolment is suspended or terminated because of a breach of these Terms, Fees that have accrued before the suspension or termination remain payable.
9.7 Student Health and Participation
9.7.1 The Account Holder must promptly notify BPA of any medical condition, allergy, injury or other circumstance that may affect the Student’s safe participation.
9.7.2 BPA may require medical clearance before permitting a Student to return to classes following an injury, illness or surgery where reasonably necessary for safety.
9.7.3 BPA reserves the right to modify or restrict participation where it reasonably considers this necessary to protect the Student or others.
9.7.4 Students who are unwell with a contagious illness should not attend classes until they are no longer contagious or it is otherwise appropriate for them to return.
9.8 Collection of Students
9.8.1 Parents and Guardians are responsible for ensuring Students are collected promptly at the conclusion of their class or activity unless alternative arrangements have been approved.
9.8.2 BPA is not responsible for supervising Students outside scheduled class times except where required by law.
9.8.3 BPA may contact emergency contacts or relevant authorities if a Student is not collected within a reasonable time and BPA is unable to contact the Account Holder.
9.9 Personal Property
9.9.1 Students and families bring personal belongings to BPA at their own risk.
9.9.2 To the fullest extent permitted by law, BPA accepts no responsibility for the loss, theft or damage of personal property unless caused by BPA’s negligence.
9.9.3 BPA may remove, store or dispose of unclaimed property after a reasonable period.
10. Uniforms, Performances, Photography, Privacy and Legal Provisions
10.1 Uniforms and Presentation
10.1.1 Students must wear the prescribed uniform, footwear and grooming requirements for their class unless otherwise approved by BPA.
10.1.2 Students who are not appropriately dressed may be asked to observe rather than participate where safety, teaching requirements or examination standards make participation inappropriate.
10.1.3 The purchase of uniforms, shoes, costumes and other dancewear remains the responsibility of the Account Holder unless otherwise advised.
10.1.4 BPA may change uniform requirements from time to time, provided reasonable notice is given.
10.2 Performances, Concerts, Examinations and Competitions
10.2.1 BPA may offer students the opportunity to participate in concerts, performances, examinations, competitions, workshops, demonstrations and other special events.
10.2.2 Participation in these activities may require additional fees, including but not limited to costume costs, examination fees, competition entry fees, rehearsal fees, ticket charges, travel costs or other associated expenses.
10.2.3 Event participation is subject to rehearsal attendance, readiness, safety considerations and compliance with BPA’s requirements.
10.2.4 BPA may determine casting, routines, class groupings, performance opportunities and competition teams based on artistic, educational and operational considerations.
10.2.5 Where BPA has committed funds for costumes, competition entries, venue hire or other event expenses, those amounts may remain payable even if the Student later withdraws.
10.2.6 BPA is not responsible for changes, cancellations or decisions made by third-party event organisers.
10.3 Photography and Video Recording
10.3.1 BPA may photograph or record classes, rehearsals, performances, competitions and studio events.
10.3.2 Unless the Account Holder has notified BPA in writing before the relevant activity, the Account Holder consents to the Student appearing in photographs and video recordings taken by or on behalf of BPA.
10.3.3 BPA may use photographs and recordings for promotional, educational, archival and marketing purposes, including on websites, social media platforms, printed publications, advertising material and other studio communications.
10.3.4 BPA will make reasonable efforts to honour written requests not to use identifiable promotional images of a Student. However, BPA cannot guarantee that a Student will not appear incidentally in group photographs, audience images or event recordings.
10.3.5 Parents and visitors may be restricted from photographing or recording classes or performances where BPA considers this necessary to protect the privacy, safety or wellbeing of students or to comply with venue or event requirements.
10.4 Privacy
10.4.1 BPA collects, stores, uses and discloses personal information for the purposes of administering enrolments, delivering services, communicating with families, maintaining student safety, processing payments and complying with legal obligations.
10.4.2 Personal information may be disclosed to employees, contractors, payment providers, software providers, examination organisations, competition organisers, emergency services, insurers, professional advisers or government authorities where reasonably necessary or required by law.
10.4.3 BPA will take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification or disclosure.
10.4.4 The Account Holder is responsible for ensuring the personal information provided to BPA remains accurate and up to date.
10.4.5 BPA’s Privacy Policy forms part of these Terms and should be read together with them.
10.5 Intellectual Property
10.5.1 All choreography, class plans, teaching materials, music edits, videos, photographs, branding, logos, graphics, publications, digital content and other materials created or supplied by BPA remain the property of BPA or the relevant rights holder unless otherwise stated.
10.5.2 Students, Parents and Guardians must not reproduce, distribute, publicly share, sell or commercially use BPA’s intellectual property without prior written permission.
10.5.3 Recording entire classes for publication, commercial purposes or redistribution is prohibited unless BPA has given prior written approval.
10.6 Liability
10.6.1 Dance and physical activity involve inherent risks, including the risk of personal injury.
10.6.2 The Account Holder acknowledges these risks and accepts that participation occurs voluntarily.
10.6.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or legal protection that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.
10.6.4 To the fullest extent permitted by law, BPA’s liability for any claim arising from the supply of services is limited to one or more of the following, as determined by BPA:
a. supplying the services again; or
b. paying the reasonable cost of having the services supplied again.
10.6.5 BPA is not liable for indirect, consequential or economic loss to the extent permitted by law.
10.7 Emergency Medical Treatment
10.7.1 Where BPA reasonably believes urgent medical treatment is required and the Account Holder or emergency contacts cannot be contacted promptly, the Account Holder authorises BPA to seek appropriate medical assistance for the Student.
10.7.2 The Account Holder is responsible for any medical, ambulance or associated costs incurred, except where those costs are legally the responsibility of BPA.
10.8 Amendments
10.8.1 BPA may amend these Terms, Policies, fee schedules and operational procedures from time to time.
10.8.2 Updated Terms will be published on the BPA website, Parent Portal or otherwise communicated to families.
10.8.3 Continued enrolment, attendance or payment after the effective date of updated Terms constitutes acceptance of those updated Terms.
10.9 Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions continue in full force and effect.
10.10 Waiver
A failure or delay by BPA in exercising any right under these Terms does not waive that right or any other right.
10.11 Entire Agreement
These Terms, together with BPA’s current fee schedule, Privacy Policy and any written policies expressly incorporated into these Terms, constitute the entire agreement between BPA and the Account Holder regarding the Student’s enrolment.
10.12 Governing Law
These Terms are governed by the laws of Queensland, Australia. The parties submit to the jurisdiction of the courts of Queensland in relation to any dispute arising from these Terms.
11. General Terms
11.1 Entire Agreement
11.1.1 These Terms and Conditions, together with BPA’s current fee schedule, Privacy Policy, Child Safe Policy and any other policies expressly incorporated by reference, form the entire agreement between BPA and the Account Holder.
11.1.2 The Account Holder acknowledges they have not relied upon any verbal representation, promise or statement that is inconsistent with these Terms.
11.2 Order of Precedence
11.2.1 If there is any inconsistency between these Terms and any brochure, timetable, social media post, promotional material, verbal statement or other communication, these Terms prevail unless BPA confirms otherwise in writing.
11.3 No Waiver
11.3.1 If BPA chooses not to enforce a provision of these Terms on one occasion, this does not prevent BPA from enforcing that provision or any other provision in the future.
11.3.2 Any waiver by BPA must be in writing.
11.4 Severability
11.4.1 If any part of these Terms is found to be invalid, illegal or unenforceable, that part will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
11.5 Assignment
11.5.1 BPA may transfer, assign or novate its rights and obligations under these Terms as part of the sale, transfer or restructure of its business.
11.5.2 The Account Holder may not assign or transfer their rights or obligations without BPA’s prior written consent.
11.6 Force Majeure
11.6.1 BPA is not liable for any delay, interruption or failure to perform its obligations where the delay or failure results from circumstances beyond its reasonable control.
11.6.2 These circumstances may include natural disasters, fire, flood, pandemic, epidemic, government direction, industrial action, venue unavailability, utility failure, technology failure, cyber incidents or any other event beyond BPA’s reasonable control.
11.6.3 Where reasonably practicable, BPA may provide an alternative class, online delivery, rescheduled class or another reasonable substitute.
11.7 Notices
11.7.1 BPA may provide notices by email, SMS, the Parent Portal, the BPA website or any other electronic communication method used by BPA.
11.7.2 Notices will be sent to the contact details recorded on the Account.
11.7.3 The Account Holder is responsible for ensuring their contact details remain accurate and current.
11.8 Survival
11.8.1 Any provision relating to payment obligations, debt recovery, liability, privacy, intellectual property, confidentiality, dispute resolution or any other provision intended to continue after cancellation or termination will survive the end of the Enrolment.
11.9 Australian Consumer Law
11.9.1 Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded or limited under the Australian Consumer Law or any other applicable legislation.
11.9.2 Where legislation permits BPA to limit its liability, BPA does so to the fullest extent permitted by law.
11.10 Contact Details
Questions regarding these Terms and Conditions should be directed to:
BPA Dance Studio
Email: admin@bpadancestudio.com.au
Website: www.bpadancestudio.com.au
Acknowledgement
By enrolling a Student with BPA Dance Studio, the Account Holder acknowledges and agrees that they:
• have read these Terms and Conditions;
• understand these Terms and Conditions;
• agree to be legally bound by these Terms and Conditions;
• accept responsibility for all Fees associated with the Enrolment;
• understand that Enrolment is ongoing until cancelled in accordance with these Terms; and
• agree to comply with BPA’s policies as amended from time to time.