Terms & Conditions — La Forza Pole Dance

Terms and Conditions

TERMS AND CONDITIONS

These Terms and Conditions, together with any Membership Form, Screening Tool and Waiver set out in the Appendixes, form the agreement (this Agreement) under the terms of which you or, where applicable, the person for whom you are the parent or guardian, (the Member, you, your) will obtain services, including the Dance Sessions, from Yun-Lu Liu (ABN 69 316 717 117) trading as ‘La Forza Pole Dance and Fitness’ (La Forza, we, us, our).

We may change these Terms and Conditions at any time by updating the Terms and Conditions page on our website, and your ordering of the Dance Sessions or using the Pole Dancing Studio following such an update will represent an agreement by you to be bound by the Terms and Conditions as amended.

1. MEMBERSHIP FORM, THIS AGREEMENT

(a) This Agreement will apply to all the Member’s dealings with La Forza, including being incorporated in all agreements or quotations under which La Forza is to provide services to the Member (each a Membership Form) together with any additional terms included in such a Membership Form (provided such additional terms are recorded in writing).

(b) The Member will be taken to have accepted this Agreement if the Member accepts a Membership Form, or if the Member orders, accepts or pays for any Dance Sessions provided by La Forza after receiving or becoming aware of this Agreement or these Terms and Conditions.

(c) By making a booking or otherwise making payment for a Dance Session (Booking), the individual automatically becomes a Member of La Forza. Accordingly, the Member agrees to be bound by these Terms.

(d) This Agreement will commence on the Commencement Date, and continues in effect and will apply to all services provided by La Forza until terminated in accordance with clause 7.

2. ACCOUNT

(a) To make a Booking for a Dance Session over La Forza’s website, the Member may be required to register an account through La Forza’s third party booking platform (Account).

(b) As part of the Account registration process, the Member may be required to provide personal information and details, such as the Member’s email address, first and last name, preferred username, a secure password, billing and postal addresses, mobile phone number, bank account information, and other information as determined by La Forza from time to time.

(c) The Member warrants that any information given to La Forza, including information given in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d) La Forza may, in its absolute discretion, suspend or cancel the Member’s Account for any reason, including for any failure to comply with these Terms.

3. PARTICIPANT’S OBLIGATIONS

CAPACITY AND AGE
The Member warrants that they:
(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and/or;
(b) are the parent or guardian of the Member who consents to this Agreement on behalf of the Member.
PRE-ACTIVITY OBLIGATIONS
The Member warrants that, on or prior to the Commencement Date, they:
(a) will complete the Screening Tool located in Appendix A and;

(i) if they answer ‘yes’ to any of the questions contained in the Screening Tool, obtain a doctor’s certificate stating that they are allowed to participate in the Dance Sessions; or

(ii)if they answer ‘yes’ to any of the questions contained in the Screening Tool and cannot obtain a doctor’s certificate stating that they are allowed to participate in the Dance Sessions, agree that they participate in the Dance Sessions at their own risk, if permitted to do so by La Forza;

(b) have read and signed the Waiver located in Appendix B;

(d) accept any Third Party Terms, in accordance with clause.

3. GENERAL

(a) The Member must provide La Forza with all documentation, information and assistance reasonably required for La Forza to provide the Dance Sessions;

(b) The Member must participate in any briefings and/or introductions as notified by La Forza prior to engaging in any Dance Sessions; and

(c) If you are the Member’s parent or guardian and the Member is under the age of 18, you must ensure that the Member complies with these terms, and agree to the terms of this Agreement in respect of the Member.

4. INSTRUCTIONS AND SAFETY

The Member warrants that they:

(a) will undertake an instructional consultation with La Forza’s Personnel prior to using the Pole Dancing Studio or engaging in the Dance Sessions;

(b) comply with any safety guidelines, instructions and/or rules that La Forza’s Personnel provide to them;

(c) stop participating in any Dance Sessions, and alert La Forza or its Personnel, if the Member has any concerns about their health or safety or if they start feeling dizzy, faint, unwell or feel any unusual pain during the Dance Sessions; and

(d) be responsible for their own safety and that of any person under the age of 18 years for whom they have signed responsibility.

5. HEALTH AND STATE OF THE PARTICIPANT

The Member warrants that they:

(a) are not pregnant and do not have a health condition which might have the effect of making it more likely that they will be involved in an accident or injury while participating in the Dance Sessions (Condition);

(b) will notify La Forza immediately if they develop a Condition;

(c) are aware and agree that if they have a Condition, La Forza might refuse them participation in some and/or all Dance Sessions;

(d) are aware that the Dance Sessions, even when no accident occurs, may involve risk to health;

(e) will not participate in the Dance Sessions under the influence of drugs, alcohol or illicit substances; and

(f) will not participate in the Dance Sessions, if ill, injured or feeling unwell.

6. USE OF THE PREMISES

The Member must:

(a) not use abusive, offensive or threatening language or behaviour while at the Pole Dancing Studio;

(b) at all times wear clean clothing appropriate to the Dance Sessions they are undertaking and/or as instructed by La Forza from time to time (jeans, work clothes, boots, or clothing with offensive or inappropriate images are not permitted);

(d) ensure that if the Member is consuming food at the Pole Dancing Studio they keep the surrounding facilities clean;

(e) only consume plain water during the Session and no other beverages or additives are permitted;

(f) not smoke, consume alcohol and/or drugs, at the Pole Dancing Studio; and

(g) not use the equipment and/or facilities without seeking instructions from La Forza Personnel if the Member is not familiar with the equipment and/or facilities.

7. POSSESSIONS

(a) The Member is responsible for their possessions while at the Pole Dancing Studio. La Forza will not be liable if any of the Member’s possessions are lost and/or stolen at the Pole Dancing Studio.

(b) Where the Member uses storage facilities at the Pole Dancing Studio, La Forza will not be liable if the Member’s possessions are lost and/or stolen, even where La Forza is negligent. The Member uses such storage facilities at their own risk.

8. CARPARK

The Members understands and warrants that it uses any carpark facilities unsupervised and at their own risk. La Forza will not be liable for any loss or damage suffered by the Member in connection with the Member’s use of the carpark, even where La Forza is negligent, to the maximum extent permitted under Australian Consumer Laws.

4. DANCE SESSIONS

General

(a) The types, styles, and varying skill levels of Dance Sessions offered by La Forza including fees and details of inclusions, are as set out on La Forza’s website from time to time or as communicated to the Member in writing.

(b) Where the Member has made a booked a Course, the Member is restricted to attending sessions within their specifically booked course, unless the Member has booked a separated Casual Session or additional Course.

2. Dance Session Classes

The Member acknowledges and agrees that:

(a) unless directed otherwise, they are required to book their Dance Sessions in advance via La Forza’s third party booking platform, in person at the Studio, or by contacting La Forza by phone or email;

(b) the Member will have a guaranteed reserved spot on a particular time and day for the Dance Session that they have booked for and where the Member has booked a Course this will reoccur weekly;

(c) the Member may attend another Dance Session for the specific Course they are entitled to throughout the week, however the Member acknowledges that they are doing so at their own risk and La Forza does not guarantee the availability of pole equipment for them;

(d) if the Member arrives to a booked Dance Session that is a Casual Session more than 5 minutes after its scheduled start time, the Member may not be permitted entry and in such case will not be entitled to a refund or credit of the value of the Casual Session;

(e) if the Member arrives to a booked Dance Session that is part of a Course more than 10 minutes after its scheduled start time or after the warm-up portion of the class is complete, the Member may not be permitted entry to the class; and

(f) any missed Dance Sessions will be forfeited by the Member and La Forza will not be required to reschedule such Dance Sessions where the Member fails to provide a valid reason for their absence, which is to be determined in La Forza’s absolute discretion.

3. CREDITS

(a) The validity of Dance Sessions purchased from La Forza begins from the date of purchase and is subject to a specified validity period as outlined on the Website and booking system. Most Dance Sessions come with a designated validity period (Validity Period).

(b) Expired Dance Sessions, resulting from failure to utilise them within the specified Validity Period, are non-refundable and non-transferable. It is the responsibility of the member to ensure timely utilisation of their Dance Sessions within the Validity Period.

(c) Requests for extension of the Validity Period may be considered on a case-by-case basis, subject to additional terms and fees at the discretion of La Forza.

(d) La Forza may provide notifications to members regarding approaching expiration dates of their Dance Sessions , but it is ultimately the Member's responsibility to track and utilise their Dance Sessions within the specified timeframe.

4. AVAILABILITY

(a) While La Forza will endeavour to ensure that the Dance Sessions and equipment are available during the advertised opening hours, on occasion, Dance Sessions or equipment may be full, unavailable or no longer offered and La Forza will not be liable to the Member in such circumstances.

(b) La Forza reserves the right to change the Dance Sessions and times offered at its absolute discretion without notice to the Member.

(c) The Member acknowledges that during public holidays and over the Christmas and New Year breaks, La Forza classes are reduced in frequency and/or unavailable. This circumstance has been reflected in our Fees and the Member is not entitled to any fee discounts on this account.

5. Photos and Videos

(a) La Forza may photograph or record any part of a Dance Session, including taking group or individual photos or video footage featuring the Member (Media).

(b) Unless you provide written notice to La Forza stating otherwise, you hereby consent to and acknowledge that:

(i) La Forza may use the Media and the Member’s image/s for the purpose of marketing and promotional material, including using the Media on La Forza’ website, social media pages and other channels;

(ii) you assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media; and

(iii) you release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Media, which you or the Member may have against us.

(c) The Member acknowledges that they may also photograph or record any part of a Dance Session (Member’s Media). Accordingly, the Member acknowledges they must obtain the consent of any participants featured in the Member’s Media before publishing on any social media pages and other online channels.

6. Disclaimers

(a) (Risk of injury) The Member understands and acknowledges that participating in a Dance Session involves the potential to suffer physical injury, which may be serious or disabling. Participation in the Dance Session is at the Member’s own risk with full knowledge of the dangers involved, including risk of physical injury, injury from equipment use, injury from contact with other dancers, muscle and ligament strains, bruising, aggravation of a pre-existing injury, broken or fractured bones, illness due to the effects of the weather, including high heat and/or humidity, or even death.

(b) (Pre-existing injury) If the Member has any pre-existing injury, medical condition or illness, the Member must inform La Forza before participating in a Dance Session. If participating in a Dance Session might increase the Member’s risk of further injury, or it is unsafe to the Member, the Member must not participate in the Dance Session. If the Member does participate in the Dance Session, they participate entirely at their own risk.

(c) (Results not guaranteed) La Forza makes no representations or warranties that a Dance Session will bring about any particular result, outcome or improvement. The Member acknowledges and agrees that participation in a Dance Session does not guarantee any particular result or outcome and that results differ for each Member depending on personal circumstances.

(d) (Not medical advice) All information and recommendations provided by La Forza, including information that is provided by La Forza personnel in the course of providing a Dance Session, on the website or via email or over the phone, is general in nature and is not intended to be professional advice, a medical diagnosis or treatment of any kind and should not be relied upon as such. Any reliance on or use of such information is entirely at the Member’s own risk and La Forza is not liable for any loss or damage suffered as a result of or in connection with such reliance.

(e) (Consult medical professional) La Forza highly recommends consulting a medical professional before participating in any Dance Session, particularly in circumstances where the Member has a pre-existing medical condition, illness or injury that may place the Member at a greater risk of suffering an injury.

(f) If you participate in Dance Sessions, you agree to the following conditions:

(i) Before each exercise, you must evaluate whether your current skills and physical condition allow you to participate in the exercise in a safe manner.

(ii) If you believe an exercise will not be safe, you must inform your instructor of that fact and not participate in such exercise.

(iii) Dance Sessions are a potentially dangerous activity and routinely occasion injuries including bumps, bruises, scrapes and scratches (Minor Injuries). If you sustain a Minor Injury, you must evaluate and determine whether it is safe for you to continue. If you are not certain that further participation in a Dance Session after you sustain a Minor Injury will not exacerbate the Minor Injury, you must immediately stop participating in the Dance Session, inform your instructor and seek medical attention.

(iv) Dance Sessions can and do occasional lead to more serious injuries to participants, including but not limited to sprains, twists, cramps, fractured bones, broken bones, torn ligaments and similar injuries (Major Injuries) and even death. You participate in our Dance Sessions with full knowledge of the possibility of sustaining a Major Injury at your own risk and exclude La Forza from liability in relation to you sustaining any Minor or Major Injuries in accordance with clause 7.

(v) If you sustain a Major Injury or one that could exacerbate if you do not stop exercising, you must immediately stop participating in the Dance Session and seek medical attention.

(vi) If you notice an unsafe situation during a Dance Session or notice another member train with a Major Injury, you must immediately notify your instructor or a member of the La Forza Personnel.

5. PAYMENT

1. FEES

(a) You must pay the fees to La Forza for the Casual Session or Course you have chosen in the amounts, at the times and in the method set out on La Forza’s website or as otherwise agreed in writing (Fees).

(b) Payment of Fees for all Casual Sessions and/or Courses are required upfront at the time of Booking, unless otherwise agreed by the parties.

(c) You will not be permitted entry into a Dance Session if the relevant Fees have not been paid by the Member and received by La Forza.

(d) Where payment has been made for a Course, you will be entitled to a 48-hour cooling off period whereby you can provide a written request to La Forza to cancel your Booking (Cooling Off).

(e) All Fees on La Forza’s Website or otherwise advised to the Member are:

(i) in Australian Dollars; and

(ii) subject to change prior to the Member completing a booking of a Dance Session without notice.

(f) Unless otherwise agreed in writing:

(i) if La Forza issues an invoice to you, payment must be made by the time specified in such invoice; and

(ii) in all other circumstances, you must pay for all Dance Sessions prior to participation

2. UPFRONT PAYMENT

If the Member’s Membership Plan is ‘Upfront’, the Member must pay for all goods and services upfront at the time of booking using the payment method specified in the Membership Form (Upfront Membership Plan).

3. Card Surcharges

La Forza reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

4. Online Payment Partner

La Forza may use third-party payment providers (Payment Providers) to collect payments for Services. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms and privacy policy of the Payment Provider and La Forza is not liable for the security or performance of the Payment Provider. La Forza reserves the right to correct, or to instruct our Payment Provider to correct, any mistakes in collecting your payment.

5. INVOICES

If La Forza issues an invoice to the Member, payment must be made by the time(s) specified in such invoice.

6. GST

Unless otherwise indicated, amounts stated on the website do not include GST. In relation to any GST payable for a taxable supply, the Member must pay the GST subject to La Forza providing a tax invoice.

7. NON-REFUNDABLE FEES

The Joining Fee is non-refundable.

8. INVOICES

If La Forza issues an invoice to the Member, payment must be made by the time(s) specified in such invoice.

9. GST

Unless otherwise indicated, amounts stated in a Membership Form include GST.

6. DEBT RECOVERY

If you do not pay an amount due under this Agreement on or before the date that it is due:

(a) La Forza may seek to recover the amount due by referring the matter to debt collectors; and

(b) you must reimburse La Forza for any costs it incurs, including any legal and debt collector costs, in recovering the amount due or enforcing any of its rights under this Agreement.

7. Refunds, Rescheduling and Cancellations

1. REFUNDS

You acknowledge and agree:

(a) that the Fees are non-refundable for change of mind; and

(b) that no refund will be given where a Dance Session is unused or missed by the Member, except in extenuating circumstances to be determined in La Forza’s absolute discretion.

2. Rescheduling and Cancellations

(a) La Forza reserves the right to reschedule a Dance Session at any time, including as a result of any decision of a government authority in relation to COVID-19 or any threat of COVID-19 beyond our reasonable control. La Forza will notify you as soon as possible if it needs to reschedule a booked Dance Session (Notification) and will offer you an alternative date and time (Alternative Session).

(b) If during a Dance Session, in the opinion of La Forza, the Member does not hold the level of skill required for that Dance Session, La Forza will provide the client with a Notification and use its best endeavours to place the Member in an Alternative Session, being for a different Casual Session or Course, as required in the circumstances.

(c) If the Alternative Session is not suitable, you will have the option to transfer the Fees paid for the Dance Session to another Dance Session (New Session) provided the New Session is within 12 months from Notification. If we propose an Alternative Session, and no New Session is booked in by you in the 12 months after the Notification, then no refund will be issued to you in respect of the Fees for that Dance Session.

(d) La Forza reserves the right to cancel a Member’s Casual Session or Course, provided that upon such cancellation La Forza will refund to you any Fees which you have paid for Dance Sessions that were not held, and for which no Alternative Sessions were proposed.

(e) Where the Member has made a Booking for a Casual Session, the Member may cancel or reschedule no later than 24 hours before the class start time.

(f) Where the Member has booked a Course but can no longer attend future Dance Sessions within that Course, upon making a written request to La Forza, La Forza may in its sole discretion offer a credit for a pro rata value of Dance Sessions not yet completed by the Member in that Course.

(g) A Session booked within 24 hours of the class time cannot be rescheduled or cancelled. Failure to attitude will result in forfeiting the Fees.

3. SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.

8. TERMINATION

1. TERMINATION FOR CONVENIENCE

(a) Either party may end this agreement for no reason, by providing notice to the other party.

(b) This agreement will end 10 Business Days after the day the notice is sent (the End Date).

(i) any Fees for Services already performed up to the End Date (including Services performed to prepare not yet completed deliverables);

(ii) any pre-approved third party costs La Forza has incurred on the Member’s behalf up to the End Date; and

(iii) if terminated by the Member, La Forza’s pre-estimated genuine losses as a result of the Member ending this agreement, (together, the Outstanding Amounts)

(d) The Member will pay the Outstanding Amounts to La Forza on the End Date unless otherwise agreed in a written payment plan between the parties.

(e) Once the Outstanding Amounts have been paid, La Forza will hand over any completed deliverables.

(f) If La Forza terminates this agreement pursuant to this clause, La Forza will make reasonable efforts to handover the remaining scope of Services to the Member, so the Member can source an alternative provider.

2. Termination for Breach

(a) If a party (the Notifying Party) considers that the other party is in breach of this agreement (the Breach), the Notifying Party may provide a notice to the other party.

(b) The notice must include the nature and details of the Breach, with reference to the relevant clause/s of this agreement. The Notifying Party may, if it wishes to do so, make suggestions for resolving the Breach.

(c) The other party will have 10 Business Days (or longer, in the Notifying Party’s discretion) to rectify the Breach (the Rectification Period).

(d) After the Rectification Period, the Notifying Party will:

(i) if the Breach has been successfully rectified, notify the other party that the agreement will continue; or

(ii) if the Breach has not been successfully rectified, notify the other party that this agreement is terminated (Termination for Breach Notice).

(e) Following a Termination for Breach Notice, the parties will stop all work under this agreement unless otherwise agreed.

(f) Any disputes regarding termination under this clause must be dealt with in accordance with clause 12. The indemnities, warranties and liability caps in clause 9 will apply to any disputes and resulting claims. Any pre-estimated losses in clause 8.1 will not limit or otherwise effect La Forza’s rights under this agreement, at law or otherwise in equity; La Forza’s losses resulting from the Member’s breach are likely to far exceed its losses resulting from termination for the Member’s convenience.

3. Other Consequences for Termination

If this agreement ends, in addition to the specific consequences set out in clause 8.1 or 8.2 (as applicable), the parties will:

(a) return all property and Confidential Information to the other party;

(b) comply with all obligations that are by their nature intended to survive the end of this agreement; and

9. LIABILITY AND INDEMNITIES

1. NO RELIANCE

The Member acknowledges that in deciding to pay for the Dance Sessions and in entering into this Agreement the Member has not relied on the skill or judgment of La Forza and that the Member has satisfied itself as to the condition and suitability of the Pole Dancing Studio and/or Dance Sessions and their fitness for the Member’s purposes.

2. LIABILITY

To the maximum extent permitted by law the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Member to La Forza in the 3 months preceding the date of the event giving rise to the relevant liability.

3. CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by La Forza, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

4. RISK

(a) Participating in the Dance Sessions involves the potential for injury and the Member is participating in any Dance Sessions at their own risk with knowledge of the dangers involved, including but not limited to, physical injury, muscle and ligament strains, illness, bruising, falls, injury through equipment failure, injury through impact during martial arts participation and death.

(b) The Member acknowledges that there will be times where the Member will be unsupervised by any La Forza Personnel and agrees to accept any risks of loss, injury, damage or death arising out of the Member’s unsupervised use of the Pole Dancing Studio, unless there is reckless disregard or gross negligence on La Forza’s behalf.

(c) The Member acknowledges that while La Forza uses its best endeavours to ensure that the Pole Dancing Studio and any facilities and/or equipment are free of faults and safety issues, there may be instances of equipment failure, and/or equipment and other objects may be left in incorrect positions by other Pole Dancing Studio users. The Member agrees that La Forza will not be liable for any loss or damage arising out of such circumstances unless there is reckless disregard or gross negligence on La Forza’s behalf.

(d) The Member will bear all risk of loss or destruction of, or damage to, any equipment and/or other property and/or people arising out or contributed to by their participation in the Dance Sessions.

5. INDEMNITY

The Member indemnifies La Forza from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:

(a) any breach of this Agreement by the Member;

(b) any negligent, fraudulent or criminal act or omission of the Member or its Personnel; or

10. WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Member may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

11. PRIVACY

(a) You agree to be bound by our Privacy Policy, which is available on our website.

(b) You consent to us taking images and recording video footage of you for the following purposes only:

(i) promotion of the Pole Dancing Studio, Pole Dancing Studio events and advertising the associated products and services; and

(ii) publication on social media platforms or in newspapers, in trade and other journals and on websites and the internet for the purposes of professional advancement, in accordance with our Privacy Policy.

12. DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

13. NOTICES

(a) A notice or other communication to a party under this Agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

14. GENERAL

1. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

2. AMENDMENTS

This agreement may only be amended in accordance with a written agreement between the parties.

3. WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

4. SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

5. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

6. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

7. COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

8. COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

9. ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

10. INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation;

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

15. DEFINITIONS

In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following meanings:

Term - Meaning

Dance Sessions - means the Dance Sessions listed in the Membership Form to be provided to the Member by La Forza.
Commencement Date - has the meaning set out in the Membership Form.
Fees - has the meaning set out in the Membership Form.
Pole Dancing Studio - means the venue specified in the Membership Form.
Laws - mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Dance Sessions are performed or received and includes any industry codes of conduct.
Member, you, your - has the meaning set out in the Membership Form and includes the parent or guardian of the Member if the Member is under 18 years of age.
Membership Form - has the meaning set out in clause 1(a) of these Terms and Conditions.
Membership Plan - has the meaning set out in the Membership Form and relates to the contract length and payment terms a Member has selected.
Personnel - means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents.
Third Party Terms - has the meaning set out in clause 6.

16. INTERPRETATION

In this Agreement, the following rules of interpretation apply:

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (currency) a reference to “$” or “dollar” is to Australian currency;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.

*Please find the complete “T&Cs and Waiver” here.

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