This is your registration and member agreement between Port Macquarie Physie and Dance (the ‘school’) and you ‘the student'.
Definitions
Agreement means this Student Enrolment Agreement between you (the ‘student’) and us (the ‘school’).
Billing company or EFC means Educational Funding Company, Asia Pacific, (the Debit User) you have authorised by signing the Direct Debit Request and Direct Debit Request Service Agreement accompanying this agreement.
Course term means the duration of training you have chosen to complete in full.
Us or we or the school means Port Macquarie Physie and Dance
Student or you or your means the person entering into training at the school or parent or guardian if student is under 18 years of age.
By signing the attached Student Enrolment Agreement, you understand and agree that,
1. The school obligates itself to furnish you with a competent instructor and suitable facilities for teaching lessons.
2. You are purchasing enrolment at this School for the students listed on this agreement only for the full term as defined by the selected course term.
3. Weekly or Fortnightly instalments do not equate to weekly or fortnightly training fees, rather, you have agreed to pay for the full course term in regular instalments over a set number of instalments.
4. Enrolment provides the students with the opportunity to attend the specified number of classes weekly per the selected programmes only.
5. Failure of the student to attend the appropriate number of lessons does not relieve you of your obligation to pay for the enrolment in full.
6. Your payment schedule is not affected by the lessons schedule and/or attendance of the students listed on this Agreement.
7. Any costs of collection incurred by the School or the billing company, including (without limitation) collection agency cost, court cost, solicitor’s fees on a solicitor/client bases, together with interest on the outstanding amounts at the rate allowed by the court from time to time and all other reasonable additional costs of recovery of the amount outstanding will be charged to you.
8. You hereby represent that:
1.1 the students listed are physically fit to receive and participate in the prescribed course of instruction.
1.2 You and the students listed will faithfully comply with all the rules and regulations of the School and the association of APDA (Australian Physie and Dance Association).
Waiver and indemnity
9. In all cases, you, the student, your executors, administrators, dependents and other personal representatives, hereby absolves and indemnifies the school and all their servants, agents, employees and other students or persons under the school control (the “indemnified”) from all liability howsoever arising for injury or damage (including but not limited to the students person, whether fatal or otherwise, property and personal belongings) however caused including by the negligence of the indemnified arising out of or participating in Physie or in connection with Physie or in any way caused by, or arising out of, any activity carried on by the indemnified.
10. You understand that the practice of physie is potentially dangerous.
11. You agree to occupy and use the premises of the school at risk to yourself and all students on the agreement and release to full extent permitted by law the school, the school’s instructors and its agents, servants, contractors and employees from all claims and demands of every kind in or resulting from any accident or damage to property or injury or death while undertaking training in physie with the school.
12. Any person training in physie, or in activities connected with physie or participating in any activity carried on by this school are only allowed to do so on the distinct understanding that they do so entirely at their own risk.
13. The student acknowledges that it is a condition of admission as a student to the school that the school is absolved from all liability, from injury or damage, however caused (whether fatal or otherwise) arising out of participating in physie or in connection with physie.
Notice of consumer rights
14. You may cancel this agreement without penalty or future obligation within the cooling off period of 7 (seven) days from the date this agreement was signed by you. Down payments shall be fully refunded minus the cost of any lessons taken within the 7 days and the cost of any merchandise included in the course price (eg. Uniform)
15. Cancellation after the cooling off period requires 14 days’ notice.
16. Notice of cancellation shall be in writing by attending the School and completing a cancellation request form.
17. The billing company is not permitted to terminate this agreement.
18. The school may terminate your agreement and payments without notice.
19. If a student listed on this agreement becomes disabled for at least 3 (three) months during the term and that disability is confirmed in writing by a physician, you have the right to suspend or terminate this agreement with respect to that student without early termination fees or cancellation.
20. A student listed on this agreement moves or changes residence to a location more than 30 (thirty) kilometres from the School, or any other School operated by Port Macquarie Physie and Dance, you may be eligible for termination of this agreement with respect to the student involved, provide that you supply written evidence of the new permanent address and at least 30 (thirty) days advance written notice. In this instance the school has the right to elect that you transfer your training to an affiliate school if one exists.
21. Applications to suspend this Agreement will be considered according to the specific circumstances below.
1.1 Your payments with the billing company must be current and up to date.
1.2 Applications to suspend this Agreement must be submitted in writing to the School prior to the student/s absence.
1.3 If approved, the suspended period (including all payments scheduled within this time) will be added to the previous completion date of this Agreement.
1.4 Approval is at the sole discretion of the school.
22. If the School is closed for 1 (one) month or more over the normal training period, you are entitled to your choice of either an extension of the Agreement or prorated refund, except if the closing is not the fault of the facility; in which case the choice of remedy is the School’s.
Photo, video and audio release
23. You and the student agrees that the School may take photographs and may make video and audio material of Student’s classes and events, and that these materials may be used for display, promotion and/or advertising, or sold for profit, and the Student hereby waives any compensation to which they may otherwise be entitled for appearing in such materials.
24. Photographs posted to the Schools social media sites become the property of the School and you relinquish any rights to determine the use of said photographs.