Terms & Conditions (Ballet Classes & Recitals)

Definitions

In these Terms and Conditions, “Tiny Tutus”, “we”, “us” or “our” refers to Tiny Tutus Pty Ltd ABN 9 149 311 857 and “you” or “your” refers to the parent or guardian enrolling a student with us.

Registration and Enrolment

When you enrol your child with us, you enter a contract with us based on these Terms and Conditions and the information set out in our standard enrolment form.
Acceptance of enrolment of any child is at the sole discretion of Tiny Tutus or the applicable Studio Principal.

Tiny Tutus reserves the right to elect not to provide services to you or your child, process any order you place or allow you access to the classes and recitals, as a result of any conduct that Tiny Tutus, in its sole discretion, believes may breach the law, infringe these Terms and Conditions, violate the rights of Tiny Tutus or third parties, or is otherwise inappropriate for continued access and use of our website and/or services.

Fees

When your child becomes a Tiny Tutus Member, membership is ongoing and automatically renews each year until you notify us that you want to opt out or your child “ages out” of our program in accordance with these Terms and Conditions. This is so your 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 these Terms and Conditions. Students aged 7 years and 9 months on 1 November of a year will not automatically roll over to the following year.

Your yearly Membership Fee is payable when we process the enrolment and then automatically by direct debit on 1 November of each year.

Term Fees are payable for each term during the calendar year.

Recital Fees will be processed by way of 2 equal payments, being Instalment 1 and Instalment 2 on dates as advised by us.

Students joining after 28 July of a year will not be automatically registered into recital for that year and you will need to contact the office to discuss recital enrolment.

We will endeavour to provide you with the yearly Membership Fee, Term Fees and Recital Fees as soon as possible in each year and no later than 1 October of the relevant year.

Yearly Membership Fees

Each individual student must pay the yearly Membership Fee. When you pay the yearly Membership Fee, we make arrangements to ensure that we have a teacher and premises available for your child, including licence and insurance payments; because of this, the yearly membership fee is a non-refundable fee subject to any terms stated in the ‘Refunds’ section of these Terms and Conditions.

For subsequent years, we will provide you with the relevant dates prior to 1 November so you can make your decision in time.

Term Fees

Term Fees are charged by the term and 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.

Terms Fees paid in full for the year must be paid 3 weeks prior to the commencement of Term 1 for Northern Territory, Western Australia and Queensland and 2 weeks prior to the commencement of Term 1 for New South Wales, Victoria and South Australia.

Non-payment of Term Fees by the dates stipulated will result in cancellation of your child’s enrolment.

Students joining mid-term are charged on a pro-rata basis.

You acknowledge that class teachers are not in a position to discuss fees of any kind and all fee related enquiries need to be directed to the administration department on 1300 926 094 (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 fee includes a recital costume, stage rehearsal session, recital day and recital videography. Recital tickets are not included in recital fees. Planned stage rehearsal and recital dates will be released on or before 1 May of each year and will be confirmed on or before 1 August of each year. Dates are subject to change due to venue availability, government policy and management discretion and any changes will be advised as soon as practicable.

Instalment 1 is required for part payment towards costume and part payment towards event costs. Instalment 2 covers the remainder of costume and event costs.

Videography of your child’s recital session will be provided to all recital parents via a Downloadable Link after the recital event. This allows our parents to live in the moment of their childs recital and aligns with Music Licensing, State and Federal Child Protection Laws.

For students joining on or after 12 May of a year, payment of Instalment 1 will be processed 7 days after acceptance of enrolment. Children joining on or after 28 July of a year will not be automatically registered into that year’s recital and will need to contact Tiny Tutus office on 1300 926 094 or by emailing us at hello@tinytutus.com.au or via our contact form to discuss recital enrolment.

Direct Debit Enrolments

Unless we otherwise agree, payment of all fees is to be made by direct debit on the scheduled dates with the yearly Membership Fee debited upon processing of enrolment.

If a direct debit is unsuccessful, a second attempt will be made within 3 working days. Dishonour fees or disputed bank fees will be applied to your account. If the second attempt is unsuccessful, your 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 become immediately due and payable by you. Incurred bank charges will be added to your invoice.

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

> View Term & Direct Debit Dates here

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 is 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 of a year and you do not wish to continue with Tiny Tutus in the following year, you must inform us in writing by 1 November of that year to cancel your membership for the following year.

Withdrawing Your Child from the Recital

Upon notifying us you may withdraw your child from the recital. Should you notify us after you have paid Instalment 1 and before Instalment 2 has been processed, you will receive a refund of 50% of Instalment 1, less a $20 processing fee. If you withdraw your child after you have paid Instalment 2 no refund will be given but you will still receive the gorgeous costume. The Recital Fee becomes non-refundable after payment of Instalment 2 due to the expenses we incur in organising the recital including securing costumes, venue hire, insurances, and staffing.

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 social media.

Withdrawing From Daddy Daughter Dance

Upon notifying us you may withdraw from the Daddy Daughter Dance program. However please understand that your commitment upon registration needs to be thoroughly considered as we do not offer refunds under any circumstances.

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 social media.

Conditions of Participation in DDD

When you register yourself and your ballerina for Daddy Daughter Dance, the requirement is that you attend one compulsory Online Rehearsal plus two compulsory face to face rehearsals, as scheduled In addition to this, please be aware that the Stage Rehearsal on Dress Rehearsal Day is compulsory and cannot be missed under any circumstances as this is where stage placements occur. Unfortunately, we are unable to alter the rehearsal schedule to accommodate individual travel plans, illness or holidays etc. If you have back, hip or knee problems or other physical conditions that prohibit you from lifting your daughter or kneeling down, please check with your doctor prior to registering. Once you register for Daddy Daughter Dance, it is assumed that you are fit and able to participate. We try not to change the rehearsal schedule, but this is “showbiz” and circumstances beyond our control sometimes cause schedule changes. If the schedule is adjusted, we will endeavour to provide at least 24 hours notice. We will communicate with Daddy/Daughter participants via email. If you do not have email or if you never check your email, please prepare now for email communication. At the Recital, Dads* will also be required to wear a dark coloured suit, a white shirt, a tie and dress shoes>Siblings will need their own participating adult to dance with on stage. Requests can be submitted for both ballerinas to have time to twirl with dad on stage if they desire. At Tiny Tutus, we recognise love makes a family. Granddads, Uncles, Big Brothers, Cousins, Friends or Guardians are invited to perform if a ballerina’s father is absent or otherwise unable to perform. By registering in the Daddy daughter dance, you acknowledge that you have read and agreed to the above terms and conditions and therefore forfeit any paid fees if you do not comply. Please understand that your commitment upon registration needs to be thoroughly considered as we DO NOT OFFER REFUNDS under any circumstances.

Missed Lessons

Refunds or credits cannot be provided for classes missed due to personal circumstances of the student. Students may attend a ‘make-up’ class (subject to availability) within a comparable class within the same term.* Missed classes do not carry over into a new term unless the class missed is in the last week of term in which case a make-up class 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 classes missed due to Gazetted Public Holidays. Should a class fall on a public holiday, the term will be adjusted accordingly and/or a make-up class will be offered.

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 classes can be cancelled at short notice (for example, the morning of a class). Cancellation notifications are sent via email and SMS as this is the most efficient and effective communication method. 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 class 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. 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 child.

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. If your child is 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, venue issues, or COVID-19/pandemic issues or related government restrictions, we will notify you as soon as possible. An alternate date or alternative plan will be provided where possible.

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 your child’s tutu size.

COVID-19 Restrictions

In the event that a class needs to be cancelled due to COVID-19 related lockdowns, government restrictions, or a venue becoming an exposure site, a make-up class will be offered. Should class cancellations extend beyond 1 week, a credit for each affected class after the first week will be placed on the student’s account until classes can resume, subject to the terms of class credits above. Complimentary online classes will also be offered for classes affected after the first week until classes can resume as normal.

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, your child 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 your child’s first term of enrolment with Tiny Tutus, 50% of the yearly Membership Fee will be refunded. If your child has not yet received their class tutu or if the tutu is unworn and returned in its original packaging a full refund of the yearly Membership 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.

Due to the administration costs, we incur when you enrol your child, including ensuring that we have sufficient staff and premises for your child, our general policy is that the yearly Membership Fee is non-refundable, except where classes are terminated by Tiny Tutus. 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 students, 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 students 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.
• Complying with all directions or instructions issued by Tiny Tutus, our employees or contractors.

We are ultimately subject to the rules of the venue in which classes are held, including venue capacity restrictions due to COVID-19. Our compliance with these rules may prevent us from allowing siblings to attend classes.

Termination of Enrolment

Tiny Tutus reserves the right to terminate a child’s enrolment if at any time these Terms and Conditions are breached. This may include but is not limited to:
• Failure to comply with these Terms and Conditions.
• Disparaging language or verbal abuse of a staff member by you or your child.
• Non-payment of fees /or recurring late payment of fees.
• False information given by a parent either verbally or in writing.
• Bullying and/or harassing teachers, administration staff, children or families enrolled at Tiny Tutus.

Zero Tolerance – Abusive or Aggressive Behaviour
Violent, abusive, or aggressive behaviour, however, will not be tolerated. This policy extends to any interaction with a staff member whether in-person, phone, letter, e-mail, or through our website. Should the Zero Tolerance policy be breached Tiny Tutus reserves the right to immediately terminate your child’s enrolment, discontinue its services, with all fees forfeited.

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.

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 child is physically and medically fit for the class or recital. You must inform us of any medical conditions, injuries or allergies affecting your child on your enrolment form and inform us immediately if there is any change.

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 you or your child’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 disclaimers do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Nothing in these Terms and Conditions affects any rights you may have 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.

To the extent permitted by law, we will not be liable to you for indirect and consequential loss arising from or connected to this 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 class teacher may seek medical attention for your child or call for ambulance service if considered necessary. Any costs associated will be at your expense.

Revisions

Tiny Tutus 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.

Ballet Shop

View our Ballet Shop Terms and Conditions here.

Other

If at any time Tiny Tutus does not enforce any of these Terms and Conditions or grants you time or other indulgence, Tiny Tutus will not be construed as having waived that term or its rights to later enforce that or any other term.

Where any provision of these Terms and Conditions is rendered void, unenforceable or otherwise ineffective by operation of law, this will not affect the enforceability or effectiveness of any other provision of these Terms.