Terms and Conditions for the Provision of Dance Tuition and Facilities
“Gilkisons” means Gilkison dance Studio Pty Ltd, it’s offices, employees, agents and contractors;
“Client” means that person whose name, address and signature appears upon the reverse hereof in acceptance of the invitation to participate in dance tuition and social dancing provided by Gilkisons;“Ballroom” means those facilities in the possession of and under the control of Gilkisons situate at the lower ground floor, 45 Murray Street Perth comprising a Licensed dance floor cabaret entertainment facility including without limitation entrances and exits, toilet facilities, stairways and passages;“Dance Floors” means that natural wood surface area comprising the central part of the Ballroom and the enclosed section of the Mezzanine level comprising the area dedicated to dancing in the course of tuition and social dancing;
- Aerobic Risk: The Client expressly acknowledges that engagement in dance whether under the care and supervision of Gilkisons in the course of tuition or as a matter of free form dance in social dance engagement, is a physical activity of medium to high aerobic demand AND that engagement in dance may occasion falls, sprains or twisted ligaments, respiratory or cardiovascular stress ( in persons with respiratory or cardiovascular disabilities). The Client covenants with Gilkisons that the Client has sought all appropriate medical advise prior to the acceptance of this invitation to ensure the Client is in good physical condition fully able to undertake the aerobic demands of dance (including without limitation fast tempo modern dance) at the date hereof AND FURTHER the Client accepts and assumes all ALL RESPONSIBILITY for any loss, damage, injury or adverse consequence suffered by the Client as a result of engaging in dance in the Ballroom AND INDEMNIFIES Gilkisons absolutely in respect of any claim by or through the Client in the event of injury to or demise of the Client as a consequence of engaging in dance excluding only loss or damage suffered as the direct consequence of negligent breach of duty of care by Gilkisons.
- Duty of Care: Gilkisons promises to the Client to use best endeavours in all things to ensure the safety, comfort, and enjoyment of the Client during engagement in dance in the Ballroom PROVIDED the Client expressly acknowledges that most floor surfaces (including specifically the dance floors) are natural timber surfaces designed for reduced friction which may on occasion (or in high use circumstances) become low friction or slippery AND THE Client agrees to take all proper care and assume all responsibility for conduct in the Ballroom.
- Good Manners: The Client promises Gilkisons to at all times act with decorum towards other Clients and Gilkisons AND without limitation to avoid bad language, rough or unruly speech or behaviour. The Client acknowledges that Gilkisons may in the event of a breach of this condition, request the Client to modify behaviour and or leave the Dance Floor or the Ballroom temporarily or permanently AND failure by the Client to promptly comply with Gilkisons’ directions will entitle Gilkisons to terminate the Client’s invitation forthwith without any obligation to refund any fee.
- Refunds, Transfers, Credits: The Client agrees with Gilkisons that upon enrolment and payment of the course that Gilkisons is not able to transfer any portion in whole or part of the course to any subsequent commencement date. Furthermore, Gilkisons is at no time obligated to refund or credit note a Client for any whole or portion of a course should a customer not be able to attend that course from the enrolled date of commencement.