Terms & Conditions

Definitions

 

In these Terms and Conditions, “we”, “us” or “our” refers to Tiny Tutus Pty Ltd ABN 69 149 311 857 and “you” or “your” refers to the parent or guardian enrolling a ballerina student with us.

When you enrol a child with us, you enter a contract based on these Terms and Conditions and the information set out in our standard enrolment form.

registration and enrolment

It is a requirement of Tiny Tutus Pty Ltd for each individual student to pay the yearly Membership Fee. When you pay the membership fee, we make arrangements to ensure that we have a teacher and premises available for your ballerina, including licence and insurance payments; because of this, the yearly membership fee is a non-refundable fee with the exception of the terms stated in the ‘Refunds’ section of these Terms and Conditions and subject to your rights under the Australian Consumer Law (ACL). Acceptance of enrolment is at the sole discretion of the Studio Principal.

When your ballerina or prince becomes a Tiny Tutus Member, membership is ongoing until you notify us that you want to opt out or your child ages out of our program. The child’s position in the studio and recital is secured. This allows us to plan for hiring premises, ensuring teachers and resources are available, and providing the best possible experience for your child.

We know how disappointing it is when you miss out on re-enrolment deadline over the summer holidays, so our system will automatically roll your child over to term 1 of the following year if she/he is still the right age for our program.

You agree that once your child’s enrolment is accepted, they are registered in our program until you notify us that you want to opt out or your child ages out of our program. If you want to opt out before your child reaches 8 years of age (when child is 7 years and 9 months on 1 November), you will need to give us notice by the dates set out in “Cancellations of Registration”.

Your 2021 membership fee is payable when we process the enrolment.  Term fees are then payable each term during the calendar year, and are processed 3 weeks before each term begins for locations in Northern Territory, Western Australia and Queensland and for New South Wales, Victoria and South Australia term fees are processed 2 weeks before each term begins. 2021 Recital fees will be processed on 3 May 2021 (50%) and 2 August 2021 (50%). If you are joining our program after the 3rd of May, 50% of the recital fee will be processed 7 days after registration.

Ballerinas and princes joining after 2nd August 2021 will not be automatically registered into recital for 2021 and you will need to contact the office to discuss recital enrolment.

If your child is under 7 years and 9 months on 1 November, their membership will automatically roll over for each year (subject to your right to opt out as set out in “Cancellations of Registration”), until she/he is no longer age appropriate for our program.

2022 Membership Fee is payable on 8 November 2021 as part of our 2022 Early Twirl Offer.  2022 Membership, class and recital schedule of costs will be provided on Monday 1 November 2021. Ballerinas and Princes aged 7 years and 9 months on the 1st of November 2021 will not automatically roll over to 2022.

For subsequent years, we will provide you with the relevant dates prior to the deadline so you can make your decision in time.

Table of Contents

term fees

Fees for lessons are charged by the term. Fees must be paid 3 weeks prior to the commencement of each term for Northern Territory, Western Australia and Queensland and 2 weeks prior to the commencement of each term for New South Wales, Victoria and South Australia; otherwise, your ballerina’s/prince’s enrolment for that term will be cancelled.  You understand that once enrolled, you are responsible for and agree to pay all fees for your ballerina/prince. Students joining mid-term are charged on a pro-rata basis.

All term fees are payable in advance. Non-payment of term fees will result in cancellation of your child’s enrolment.  You acknowledge that class teachers are not in a position to discuss fees and all enquiries need to be directed to the administration department on:

1300 245 060 (Mon – Fri 08:30am – 4pm AEST) or email us via our contact form

recital fees

Tiny Tutus’ end of year recital is an integral part of your child’s journey in our program. The recital includes a costume tutu and recital orientation session. Planned 2021 orientation and recital dates will be released on 22 April 2021 and will be confirmed on 2 August 2021. Dates are subject to change due to venue availability and management discretion and any changes will be advised to you as soon as practicable.

Recital fees are charged in 2 instalments as set out above.

2021 recital fees are based on Tiny Tutus Standard Recital package at a total cost of $110.00 per student. Families will be given the option of upgrading to Tiny Tutus Recital Packages in June.

Videography of your child’s recital session will be provided to all recital parents via a Downloadable Link 14 days after the recital event. This allows our parents to live in the moment of their Childs recital and aligns with Music Licencing, State and Federal Child Protection Laws. All families will be charged $25.00 on the 1st of June for their child’s recital videography.

You understand that once enrolled, you are responsible for and agree to pay all recital fees for your child. For ballerinas and princes joining after 3 May 2021, payment of initial 50% will be taken 7 days after acceptance of enrolment. Children joining after 2 August 2021 will not be automatically registered into 2021 recital and will need to contact Tiny Tutus office on 1300 245 060 or by emailing us via our contact form to discuss recital enrolment.

direct debit enrolments

2021 Term direct debits are scheduled 2 weeks prior to the beginning of each term for New South Wales, Victoria and South Australia and 3 weeks prior to the beginning of each term for Northern Territory, Western Australia and Queensland, with the registration fee debited upon processing of enrolment.

 

2021 Recital direct debits are scheduled on 3 May and 2 August 2021.

Payment schedule for subsequent years will be provided on the last Monday of October each year.

If direct debit is unsuccessful, a second attempt will be made within 3 working days. If the second attempt is unsuccessful, direct debit option will be removed and the full payment and payment of any failed payment, dishonoured or disputed bank fees incurred by Tiny Tutus will be required for your ballerina to continue in current term and any subsequent terms. Incurred bank charges will be added to your invoice.

It is your responsibility to ensure that correct payment details are provided, and we take no responsibility for any error in the payment information that you provide to us.

cancellations of membership

You are welcome to opt out of Tiny Tutus program at any time as set out in this section. The following paragraphs explain how you can do this and are subject to your rights under the ACL.

Cancellations of Direct Debit Memberships will incur a $20 administration fee. Due to the lead time to organise teachers, premises and resources for your child, you must inform us of cancellations 4 weeks before the start of the next term in order for the following term’s fees to not be payable.

If you do not cancel your child’s membership by the required date, you must pay the following term’s fees and/or recital fees as applicable.

 

If your child is less than 7 years and 9 months on 1 November 2021 and you do not wish to continue with Tiny Tutus in 2022 you must inform us in writing by the 2 November 2021 to cancel your 2022 Membership Fee (subject to your ACL rights).

cancellations of recital

You may withdraw your child from the recital if you notify us before close of business on the day prior to your child’s orientation date and in that case you will receive a refund of your second recital payment (50% of the total recital payment). 50% of the recital fee is non-refundable (except as required under the ACL) due to the expenses we incur in organising the recital including venue hire and insurances. If you do withdraw your child’s recital registration you will still receive a gorgeous costume tutu.

Cancellation requests can only be processed and accepted once received in writing by emailing us via our contact form.

Tiny Tutus does not accept cancellation requests by phone or via Tiny Tutus website.

missed lessons

Refunds or credits cannot be provided for classes missed due to personal circumstances of the student. Students may attend a ‘make-up’ lesson (subject to availability) within a comparable class within the same term.* Missed lessons do not carry over into a new term unless the lesson missed is in the last week of term in which case a make-up lesson may be booked in the first week of the following term.

*A comparable class is defined as a class that caters for the same age group.

public holidays

Tiny Tutus does not teach classes on Public Holidays. Term dates are adjusted where possible to compensate for lessons missed due to Gazetted Public Holidays. Should your lesson fall on a public holiday, your term will be adjusted accordingly.

cancellation of classes and recital

Occasionally, due to unforeseen circumstances, Tiny Tutus may need to cancel a regularly scheduled class. Notice will be given as far in advance as possible, however lessons can be cancelled at short notice (for example, the morning of your lesson). Cancellation notifications are sent via email and SMS as this is the most efficient and effective way.* Individual phone calls will not be made due to class sizes and the timeframes in which cancellations are required to be made.

In the event of a class cancellation, a make-up class will be offered.  If you are unable to attend the same rules as a missed lesson apply. In the event that a make-up class cannot be arranged, a credit will be placed on the student’s account, which will be carried forward to the new term. Credits are valid until the next term payment date. Credits may be used for Tiny Tutus Boutique purchases or Tiny Tutus term fees. Once this period has lapsed the credit will expire and be unusable, subject to your rights under the Australian Consumer Law. (There is an exception where you have paid for annual enrolment in full, in which case the credit will apply until the next applicable payment date for your ballerina).

Our general policy is that, in the unlikely event that we do not offer a make-up class, amounts for cancelled classes which are not made up will be credited and will not be refunded, subject to your rights under the ACL. If you are permanently leaving the studio and will not have an opportunity to take advantage of your credit, please contact us and we will be happy to provide a refund.

In the unlikely event that Tiny Tutus needs to cancel the recital, for example due to a natural disaster or venue issues, we will notify you as soon as possible. We will provide a credit for the second instalment of the recital fee on your account which will be treated in the same way as a credit for a cancelled class. You will still receive your costume tutu.

*It is your responsibility to ensure the mobile number on file is up to date.  It is also your responsibility to keep all relevant personal details on file up to date including postal address and ballerina tutu size.

class changes

Occasionally, due to unforeseen circumstances or where fewer than five students per class are enrolled, Tiny Tutus may be required to make a change to a regularly scheduled class. The schedule is subject to change based on enrolment and customer demand.  No classes are guaranteed.  Changes may be permanent or on a one-off basis. Changes may include, but are not limited to, a change in venue, class time or teacher.

For a one-off change to a regularly scheduled class, the ballerina may attend a make-up lesson in a comparable class at a suitable location. Make-up classes will be subject to the terms in the ‘Cancellation of Classes’ section of these Terms and Conditions.

If the class is being terminated within the ballerina’s first term of enrolment with Tiny Tutus Pty Ltd, 50% of the registration fee will be refunded. If the ballerina has not yet received her class tutu or if the tutu is unworn and returned in its original packaging a full refund of the registration fee will be provided.

refunds

Refunds are subject to a $20 administration fee due to the cost of administering the refund with the exception of refunds processed for classes (or recital) that have been terminated by Tiny Tutus Pty Ltd and subject to your rights under the ACL.

Due to the administration costs we incur when you make a registration, including ensuring that we have sufficient staff and premises for your ballerina, our general policy is that the registration fee is non-refundable, except where classes are terminated by Tiny Tutus Pty Ltd.  This is subject to your rights under the ACL.

The terms of the refund of registration in these situations is set out in the ‘Class Changes’ section of these Terms and Conditions.

photography and digital recording during lessons

Personal photograph/footage of your own child is permitted in line with State and Federal Laws.

Distributing or posting photographs, including on any social media site or filesharing service, containing images of persons other than that of your own Tiny Tutus child is strictly prohibited.

During classes or performances we may take photographs or recordings of your child.  On behalf of yourself and your child, you waive all rights in relation to performance or intellectual property rights in the photographs or recordings and consent to our use of the material for our business.  If you do not wish us to use this material for our business, including on our website or in promotional material, then we regret we are unable to accept your child’s enrolment.

Important Note: All persons taking or publishing photographs of children are subject to both State and Federal laws regarding the taking and use of photographs of children; to find out more please go to: http://www.aifs.gov.au/nch/pubs/sheets/rs18/rs18.pdf

parent and sibling in class etiquette

As a courtesy to our ballerinas, teachers and other parents, you agree to follow our code of conduct:

  • Everyone please be quiet while the class is in progress. Even whispered conversations can be heard and are distracting for all dancers and our teachers. We love our parents getting to know each other (part of the value of having open classes), but if you want to have a chat, please pop outside!
  • Parents are welcome to sit at the BACK of the dance studio to allow our ballerinas space to dance.
  • We love little brothers and sisters watching! But we ask that they remain quietly seated and not participate in classes. Many of our studios have outdoor areas where you can take little brothers and sisters outside to play while classes are in progress.
  • Mobile phones are to be OFF.

dogs and other animals

Dogs and other animals are not permitted in the Tiny Tutus dance class space or venue grounds whilst Tiny Tutus classes are being held.

consent and liability

Any dance class or performance can involve risk or personal injury. You acknowledge that while we take all reasonable care in the conduct of our classes and recital, we accept no responsibility for injury or loss caused during classes or recitals or whilst students/participants and people accompanying them are at or near the dance studio, except as set out in this section. You are responsible for ensuring that your ballerina is physically and medically fit for the class or recital.  You must inform us of any medical conditions, injuries or allergies affecting your ballerina on your enrolment form and update by email from time to time.

Parents/carers are to remain onsite during classes.

To the extent permitted by law and except as set out in this section, we exclude liability for any claims, losses, damage, cost or expense incurred by you in connection to your or your ballerina’s use of our website or services.

To the extent permitted by law we exclude all representations and warranties, expressed or implied, including but not limited to those relating to fitness for a particular purpose.

Our services come with guarantees that cannot be excluded under the ACL. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of the service.  For a minor failure, we may choose to provide you with a refund or re-supply the services.

To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that the loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the ACL.  This evidence might include photographs, statutory declarations or reports (e.g. from your doctor), depending on the loss or damage.

The type of remedy we will offer you may vary depending on how long it takes you to make a claim.

You are not obliged to make any payment to exercise your rights under the ACL.

To the extent permitted by law, we will not be liable to you for indirect and consequential loss arising from or connected to the contract between us in contract, negligence or otherwise unless that loss arises as a result of our own negligence or wilful misconduct.

Our liability to you for loss or damage of any kind arising out of our contract or your use of our services is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, negligence or otherwise.

emergency procedures

In the event of a medical emergency, you understand the teacher may seek medical attention for your ballerina or call for ambulance service if considered necessary. Any costs associated will be at your expense.

revisions

Tiny Tutus Pty Ltd reserves the right to revise, amend or modify the Tiny Tutus Terms and Conditions at any time. Revisions will be published on our website.  Please check these Terms and Conditions from time to time for any changes.