The terms and conditions set out herein and below (“T&Cs”) and the rules and regulations as may be imposed by Galaxy Dance Academy Pte Ltd (“GDA”) from time to time for the use of the Dance Studio as defined herein, (“Rules and Regulations”) form part of this agreement (“Membership Agreement”) entered into between Galaxy Dance Academy Pte Ltd (“GDA”) and the Member and govern the rights and obligations of GDA and the Member.
In the event of inconsistency or conflict between the T&Cs and any Rules and Regulations these T&Cs shall prevail.
In signing this Membership Agreement, I confirm that I have read, fully understand, accept and agree for myself and my child or ward (if any) on whose behalf I am signing, to be bound and abide by all the T&Cs which I understand and accept may be amended, varied and/or supplemented by GDA from time to time.
I also fully understand and accept that the Membership Fees and T&Cs are subject to change at the sole discretion of the management of GDA and this Membership Agreement automatically renews on the T&Cs and fees applicable at the time of renewal.
I also understand that my obligations under this Membership Agreement commences from the Commencement Date of the Membership Package as stated herein and will end only when the Membership Package expires or is cancelled or terminated in accordance with the terms of this Membership Agreement.
TERMS & CONDITIONS
1. Definitions
Unless otherwise expressly provided herein, the following expressions and words shall bear the following meaning:
“Academy Evaluation” is an evaluation process conducted by GDA to determine the level of your dancing and the Membership Packages available for your standard.
“Activity” or “Activities” includes any activity or activities conducted by GDA including but limited to dance classes, exercise classes, workshops, lectures, camps, training, practice and any form of physical and non-physical activity.
“Billing Cycle” is the monthly cycle for the payment of the Membership Fees for the Membership Package purchased commencing on the Commencement Date stated in Clause E. above.
“Commitment Period” means the entire duration of the Membership Package purchased commencing on the Commencement Date.
“Dance Studio” means the entire of the premises at 9 Purvis Street #02-02/03 Singapore 188588 and any other premises as GDA may acquire, and everything therein including but not limited to all equipment, flooring, mirrors, lights, sound system, paintings, pictures, plants, clothes, curtains, TVs, monitors, cameras, video and recording equipment, furniture, fittings, fixtures and accessories.
“Freeze Period” means the period for which the Membership is frozen in accordance with terms of clause 4 below.
“GDA” means Galaxy Dance Academy Pte Ltd.
“Management” refers to Mikhail Eremeev and Olesya Eremeeva and such other person or persons as may be appointed by them in writing as part of the Management.
“Member” means the person who has signed up for one or more of the Membership Packages, for himself or herself, and includes the child or ward on whose behalf the Member is signing the Membership Agreement on behalf of, if any.
“Membership Package” means the package referred to in Clause F. above.
“Month” means a calendar month.
“Membership Fees” means the monthly fees payable for the Membership Package purchased.
“Minimum Commitment Period” means a period of two months from the Commencement Date of the Membership Package.
“Child/Ward” shall mean a Member who is below the age of 18 at the time of purchase of the Membership Package.
“Request for Temporary Freeze” refers to the form to be completed should the Member seek to temporarily freeze the Membership pursuant to clause 4. Below.
“Rules and Regulations” mean the rules and regulations as may be imposed by GDA for the use of the Dance Studio from time to time and include those currently in force and displayed in the Dance Studio.
“Suspension Period” refers to the period for which the membership is suspended pursuant to Clause 2 below.
2. Membership
a. The Membership Packages sold by GDA and purchased by you are subject to these T&Cs.
b. The Management reserves the right to amend these T&Cs and to introduce and vary the prices and types of Membership Packages at any time save that notice of such change will be given and the Membership Fee for the Membership Package that you have purchased will not be changed for the duration of the Commitment Period.
с. The Management reserves the right to reject any application for a Membership Package as in its sole discretion it sees fit.
d. Membership Packages are only available to individuals who are 4 years of age and above at the time of purchase of the Membership Package.
e. A Membership Package is personal to the Member and is non-assignable and non-transferable unless agreed to in writing by the Management.
f. GDA may assign the benefit of this agreement to any person, firm or company at any time without notice to the Members.
g. Membership Packages shall refer to packages for classes for periods ranging between 4 to 12 months or more as may be determined GDA. Details for these packages will be available upon request.
h. The Membership Package will be automatically renewed at the end of each Commitment Period on the terms and at the price applicable for that Membership Package at the time of renewal unless:
(i) you choose not to renew it and gives GDA at least one billing cycle month notice in writing before the end of the Commitment Period that you do not wish to renew the Membership Package; or
(ii) GDA gives you at least one billing cycle month notice in writing before the end of the Commitment Period that it will no longer be continuing with the Membership Package you purchased; or
(iii) Parties otherwise mutually agree in writing.
i. There will be no make-up class should the Member fail to attend the classes for which the Member registered.
j. Where lessons cannot be carried out in the physical studio for any reason, GDA will make alternative arrangements for lessons to be conducted via Zoom or any other alternative means. Should the Member prefer not to attend any such Zoom or any other alternative form of lessons offered, the Member may upon notifying the Management in writing, opt to suspend his/her membership for a fee of S$30 per month for a period (“Suspension Period”) provided always that such Suspension Period shall not be longer than the period for which physical lessons are not permissible by law.
k. Members will remain liable for all Membership Fees in full until the date the Suspension Period takes effect. The Suspension Period does not count towards the Commitment Period. The Commitment Period will be extended by the length of the Suspension Period and the Member is obliged to continue with the Membership and will be liable for the Membership Fee in full from the end of the Suspension Period until the expiry of the extended Commitment Period.
l. All new Members are required to undertake an Academy Evaluation conducted by GDA before starting any class to determine his or her suitability for the level of that class.
3. Membership Fees
a. A Registration Fee and Administration Fee as stipulated in Clauses H. and I. above is payable upon joining.
b. The Membership Fee as stipulated in Clause G. above and must be paid in full every month according to the Membership Package selected to Galaxy Dance Academy Pte Ltd, DBS a/c: 010-902816-1. The first payment shall be made prior to commencement of the Membership Package selected and thereafter on a monthly basis.
c. Unless otherwise provided herein, these Membership Fees and any prepaid monthly fees are not refundable, and must be paid regardless whether or not the Member attends classes or uses the facilities.
d. The monthly Membership Fee must be paid by using recurring bill payment arrangement on the Member’s credit card on the terms as set out herein. Payment by any other method is strictly subject to agreement in writing by the Management and may be subject to payment of additional administrative charges.
e. Should payment of the Membership Fee not be received within 1 calendar month of the date due, Management reserves the right to charge S$15.00 for each unsuccessful attempt to collect the fees, and interest at 1% per month on the amount outstanding from the date payment fell due to the date payment is received in full. The Management also reserves the right to disallow the Member from using the dance floor or any of the equipment and facilities in the Dance Studio, or taking part in any Activity whatsoever until all the amounts due are fully paid.
4. Freezing Membership
a. The Member may apply to temporarily freeze his/her Membership Package for medical or travel reasons only if his/her account is up to date, if the Member has a Membership Package with GDA of more than two months and there is more than one month left, and the Member has not given any prior notice of cancellation of his/her Membership Package.
b. Unless the Management is prepared to agree otherwise in light of extenuating circumstances, any application for a temporary freeze will have to be submitted to the Management at least one billing cycle month in advance in writing by completing and submitting to Management a Request for Temporary Freeze in writing, wherein reasons for the request must be stated and satisfactory documentary evidence must be provided to support the request.
c. The freeze will only take effect on the 1st day of the billing cycle month after the notice was given and a fee of S$30 per month will be payable from the 1st day of the next billing cycle month after receipt of notice until the end of the freeze period (“Freeze Fee”).
d. Members will remain liable for all Membership Fees in full until the date the Freeze takes effect.
e. Freezing will only be approved for genuine reasons of inability to attend the classes. If the freeze is due to medical reasons or pregnancy, a certified true copy of medical letter from an approved medical practitioner certifying that the Member is unfit to attend class, must be produced. If the freeze is due to travel, documents evidencing the Member’s requirement to travel overseas and the duration overseas will be required.
f. The Freeze Period must be for a period of not less than one calendar month and not more than 3 calendar months. The granting of the Freeze and the length of the Freeze Period will lie in the sole discretion of the Management.
g. The Freeze Period does not count towards the Commitment Period and the Commitment Period will be extended by the length of the Freeze Period, and the Member is obliged to continue with the Membership and will be liable for the Membership Fee in full from the end of the Freeze period until the expiry of the extended Commitment Period.
5. Cancellation and Termination Of Membership
a. No termination or cancellation of the Membership Package of any kind is allowed during:
(i) the Minimum Commitment period;
(ii) The Suspension Period and
(iii) The Freeze Period.
b. If the Member wishes to terminate the Membership Package after the Minimum Commitment period or after the Suspension Period or the Freeze Period, written notice must be received by GDA (“Notice of Termination”) at least one billing cycle in advance and a fee (“Termination Fee”) will be applied based on the number of months remaining of the Member’s package.
c. The Termination Fee amount will be equivalent to 50% of the value for the balance of the Commitment Period remaining and will be calculated from the start of the billing cycle after expiry of the Notice of Termination. The Management may on a case by case basis in its sole discretion waive the Termination Fee if there are good grounds to do so e.g. the Member finds a suitable person acceptable to the Management to take over the Member’s Membership Package for the full remaining balance of the Commitment Period, or the Member should provide satisfactory documentary evidence to show that the Member has to leave Singapore or is no longer permitted to reside in Singapore through no fault of the Member.
6. Health and Safety and Limit of Liability
a. GDA takes seriously its responsibility to ensure the health and safety of all Members, staff, employees, instructors and students, and takes appropriate measures to make sure the environment is safe for all.
b. GDA, its Management, associated companies, representatives, staff, employees, instructors, agents and volunteers (together the “GDA Group”) shall not be held liable or responsible in any way whatsoever for any accident, loss, injury or death howsoever sustained by the Member and anyone accompanying the Member in the Dance Studio, however occurring or arising other than as a result of negligence on the part of GDA Group or any one thereof, and the Member and anyone accompanying the Member hereby holds GDA and everyone in the GDA Group harmless from all claims, liabilities, damages, causes of action, actions and lawsuits whatsoever and howsoever arising which may be brought against them by or on behalf of a Member or anyone accompanying the Member, for any such any accident, loss, injury or death.
с. Loss of or damage to property – All property brought into or mailed or couriered or sent or delivered to the Dance Studio by, for or on behalf of the Member is brought into, mailed, couriered, sent or delivered to the Dance Studio at the Member’s own risk and GDA shall not be responsible or liable in any way, whatsoever and howsoever, for any loss of or damage to such property.
7. Physical Condition of Member
a. The Member participates in all Activities at his/her own risk.
b. The Member further warrants and represents that he/she is in good health and physical and mental condition and that he/she knows of no medical, mental or other reason why he or she is not capable of engaging in any Activities and/or why such Activities would be detrimental to his/her health, physical and/or mental condition, and/or safety, and/or comfort.
c. If the Member has any concerns or doubts about his/her (or that of his or her Child’s or Ward’s, if any) fitness or capability to take part in any Activity in any way, the Member must get advice from a doctor first before he or she, or his or her Child or Ward, if any, attends any class.
d. If the Member feels dizzy, faint, unwell or has any unusual pain or discomfort, the Member must immediately stop all activity and inform a member of staff immediately.
e. The Member shall not attend any classes or participate in any Activity or use the Dance Studio or any of GDA’s facilities or equipment whilst suffering from any infections or infectious or contagious illness, disease or any other ailment, including but not limited to open cuts, abrasions, open sores or infections, where there is a risk that such condition may spread and/or be detrimental to the health, safety, comfort or physical or mental condition of other Members, or anyone else in the Dance Studio, including but not limited to the Management, its staff, employees, instructors, volunteers, visitors or guests.
8. Termination of Membership by GDA
a. The Management may cancel the Membership Package of any Member, without notice and with immediate effect if –
(i) the Member’s behaviour or conduct, is such that in the sole discretion of the Management, is or may in any way be damaging and/or harmful and/or injurious to the Management, GDA, and/or its Members, including but not limited to its character and/or reputation and/or interests and/or safety.
(ii) the Member is found to have violated the privacy or offended the modesty of any one within the Dance Studio.
b. The Management also reserves the right to terminate the Membership of any Member who has committed a breach of the T&Cs or any Rules and Regulations in force, or whom the Management in its sole discretion considers is unsuitable to be a Member of GDA.
с. A Member whose Membership is terminated by the Management shall settle all outstanding debts together with any late charges and interest payable, forfeit all the privileges of Membership with immediate effect without claim for any refund of any initial Registration and Administration of Membership Fees, and shall pay 50% of the Membership Fees for the remaining balance of the Commitment Period for the Membership Package purchased, which may be deducted from any Membership Fees paid in advance. Any balance of the advance payment remaining after such deduction shall be refunded to the Member without interest. On termination of his/her membership, the Member shall immediately return all property belonging to GDA.
d. All decisions of the Management under this clause are final and binding.
9. Dance Studio
a. Members and anyone accompanying them are required to abide by the Rules and Regulations of GDA at all times when in the Dance Studio.
b. Members must wear suitable dance attire and. non-marking rubber soled or dance shoes with heel protectors are required at all times on the dance floor.
с. The Management, teachers, instructors and staff of GDA are authorized to stop anyone from any taking part in any Activity or using any of the facilities or equipment if he/she is judged unsafe or a danger or at risk to the Dance Studio or to himself or herself or anyone in the Dance Studio. Members must abide by the instructions of the Management, teachers, instructors and staff at all times.
d. GDA reserves the right to deny admission to any Member found in breach of these the Rules and Regulations and/or T&Cs and/or committing any unlawful and/or illegal act and/or any act which the Management in its sole discretion considers inappropriate and/or harmful and/or dangerous and/or injurious to GDA, and/or the Management, and/or the Dance Studio and/or anyone inside the Dance Studio and/or within close proximity of the Dance Studio.
e. GDA reserves the right to claim damages for any loss of or damage to any part of the Dance Studio and any property therein, including but not limited to the floor, mirrors, lights, equipment, lighting, sound system, TVs, monitors and camera, video or recording equipment, howsoever caused by the Member.
f. The failure of the Management or GDA to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.
10. Severability
If any provision or clause or term herein is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible for the relevant provision, clause or term, it shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of these terms and conditions.
11. Copyright and Intellectual Property
GDA retains the copyright and all other relevant intellectual property rights in its work products, lessons, teaching methods, techniques, syllabus, music, videos, audio recordings, materials and choreography and these shall not be shared with the public or used in any manner without obtaining prior written approval from the Management.
12. Data Protection
a. The Member agrees that his/her personal data may be collected, maintained, stored, used and disclosed by GDA (which shall include, for the purposes of this paragraph its Management and staff) to enable GDA to provide services to or for the Member and for GDA’s compliance with applicable laws, regulations, industry codes and guidelines and for internal audit.
b. For the purposes of this clause, “personal data” shall mean any data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which GDA and its Management have or are likely to have access.
13. Others
a. Any unclaimed property found in the Dance Studio will be held for a period of 2 weeks after which the Management reserves the right to dispose the items in any way it sees fit. The Member will be liable for the costs of keeping or the disposal of such property. GDA will not be held responsible in any way for the damage, loss, disposal of any unclaimed property.
b. In the interest of health and hygiene, all Members and any person accompanying them to the Dance Studio are requested to have their temperature recorded, wash their hands and use the hand sanitizers when entering the Dance Studio and, where required by law, to wear a mask and maintain social distancing at all times whilst in the Dance Studio and during the class. Anyone with a temperature equal to or exceeding 37deg Celsius shall not be permitted to enter the Dance Studio.
с. No photography / video taking is permitted within the Dance Studio unless expressly authorized by the Management.
d. Unless otherwise agreed in writing, GDA may disclose the fact that you are a Member of GDA in GDA’s marketing and/or promotional materials.
14. Law & Jurisdiction
a. The agreement between GDA and the Member and these T&Cs are subject to and shall be construed in accordance with the laws of Singapore.
b. The Member hereby submits to the exclusive jurisdiction of the courts of Singapore.
