TERMS & CONDITIONS
Last update: 18/07/2021
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.
“Billing Cycle” is the monthly cycle for the payment of the Membership fees for the Membership Package purchased commencing on the Commencement Date stated on the front of this Agreement.
“Commitment Period” means the entire duration of the Membership Package purchased commencing on the date stated on the front page of this Agreement.
“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.
“Freeze Period” means the period for which the Membership is frozen in accordance with terms of clause 5 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 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 in the case of a Minor Member, includes the person who has signed the agreement on behalf of the Minor.
“Membership Package” means the package referred to in clause 3 (g) below.
“Month” means a calendar month.
“Monthly 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 purchased as stated on the front of this Agreement.
“Minor Member” shall mean a Member who is below the age of 18 at the time of purchase of the Membership Package.
“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.
2. Terms and Conditions
- The terms and conditions (T&C’s) herein form part of the Membership Agreement entered into between GDA and the Member and govern the rights and obligations of GDA and the Members and all Members of the GDA are bound to comply with the same.
- In the event of inconsistency or conflict between the T&Cs and the Rules and Regulations or the terms on the front hereof, the T&C’s shall prevail.
- The Membership Packages sold by GDA and purchased by you are subject to these T&C’
- The Management reserves the right to amend these T&C’s 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 price for the Membership Package that you have purchased will not be changed for the duration of the Commitment Period.
- The Management reserves the right to reject any application for a Membership Package as in its sole discretion it sees fit.
- Membership Packages are only available to individuals who are 4 years of age and above at the time of purchase of the Membership Package.
- A Membership Package is personal to the Member and is non-assignable and non-transferable unless agreed to in writing by the Management.
- GDA may assign the benefit of this agreement to any person, firm or company at any time without notice to the Members.
- Membership Packages shall refer to packages for classes for periods ranging between 2 to 12 months or more as may be determined GDA. Details for these packages will be available upon request.
- Your Membership Package will be automatically renewed on the same terms and price at the end of each Commitment Period unless:
- you choose not to renew it and give GDA 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
- GDA gives you 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
- Parties otherwise mutually agree.
- There will be no make-up class should you fail to attend the classes for which you registered.
- 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 you prefer not to attend any such Zoom or any other alternative form of lessons offered, you may upon notifying the Management in writing, opt to freeze your membership for a freeze fee of S$30 per month for the duration that physical lessons are not permissible by law. In such event the Commitment Period under the Membership Package will be extended by the period for which the Membership is frozen.
- All new Members are required to undertake an Academy Evaluation conducted by GDA before starting any class determine his or her suitability for the level of that class
4. Membership Fees
- A Joining Fee and Administration Fee may apply when you buy your Membership Package.
- Fees for Membership Packages are charged on a monthly basis and must be paid in full according to the Membership Package selected and in the amounts stated on the front of this Agreement prior to commencement of the Membership Package selected and thereafter on a monthly basis.
- Unless otherwise provided herein, these Monthly Membership Fees and any prepaid monthly fees are not refundable, and must be paid regardless whether or not the Member attends the classes or uses the facilities.
- The monthly Membership Fee must be paid by using recurring bill payment arrangement on your credit card on the terms as set out in the front of this Agreement. 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.
- Should payment of the Membership Monthly 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 of 1 % per month on the amount outstanding from the due date 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 facilities in the Dance Studio, or taking part in any class until all the amounts due are fully paid.
- You may apply to temporarily freeze your Membership Package for medical or travel if your account is up to date, if you have a Membership Package with us of more than two months and there is more than one month left, and you have not given any prior notice of cancellation of your Membership Package.
- 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 Suspension in writing, wherein reasons for the request must be stated and satisfactory documentary evidence must be provided to support the request.
- The freeze will only take effect on the 1stday 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”).
- Members will remain liable for all monthly dues in full until the date the Freeze takes effect.
- 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.
- 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.
- The Freeze Period does not count towards your Commitment Period and the Commitment Period will be extended by the length of the Freeze Period, and you are obliged to continue with the Monthly Membership Fee from the end of the Freeze period until the expiry of the extended Commitment Period.
6. Cancellation and Termination Of Membership
- A “7 days refund guarantee” allows the Member to cancel the Membership Package purchased within 7 running days from the commencement date of the Membership Package as shown on the front of this Agreement. Except for the administrative fee, any other fees paid, including joining fee shall be fully refunded.Any subsequent purchase of a Membership Package will be subject to payment afresh of the administrative and joining fee.
- Save for clause a) above, no termination or cancellation of the Membership Package of any kind is allowed during:
- the Minimum Commitment period; and‘
- The Freeze Period.
- If you wish to terminate the Membership Package after the Minimum Commitment period or after 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 your package.
- 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 discretion waive the Termination fee, if for example, 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
8.Health and Safety and Limit of Liability
- GDA takes seriously its responsibility to ensure the health and safety of all Members, staff, employees and instructors; and takes appropriate measures to make sure the environment is safe for all.
- 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 sustained by the Member or 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 which may be brought against them by or on behalf of a Member for any such any accident, loss, injury or death
- Loss of or damage to property – All property brought into the Dance Studio is brought in 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 the Member’s property in the Dance Studio.
9. Physical Condition of Member
- The Member warrants and represents that he/she or that of his child or ward is in good physical condition and that he/she knows of no medical or other reason why he or she is not capable of engaging in active or passive dance and physical activities and that such activities would not be detrimental to his/her health, safety, comfort or physical condition.
- If you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first.
- If you feel dizzy, faint, unwell or any unusual pain, then you must stop dancing and all forms of physical activity and inform a member of staff immediately.
- The Member shall not use any of GDA’s facilities whilst suffering from any infections or contagious illness, disease or other ailment such as open cuts, abrasions, open sores or minor infection, where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition of other Members, or anyone else in the Dance Studio, including but not limited to the Management or its staff, employees, instructors, volunteers, visitors or guests.
10. Termination of Membership by GDA
- The Management may cancel the Membership Package of any Member, without notice and with immediate effect if –
- the Member’s behavior or conduct, is such that in the reasonable opinion of the Management, it may be injurious to the character or interests of the Management, GDA, or its Members.
- the Member is found to have violated the privacy of any other Member within the dance studio.
- The Management also reserves the right to terminate the Membership Package of any Member who has committed a breach of the T&C’s or any Rules and Regulations in force, or whom the Management in its sole discretion considers is unsuitable to be a Member of GDA.
- 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 Joining and Administration fees or Monthly Membership Fees, other than any Monthly Membership Fees paid in advance and shall pay 50% of the Monthly Membership Fees of the remaining balance of the Commitment Period for the Membership Package purchased. On termination of his/her membership, the Member shall return all property belonging to GDA.
- All decisions of the Management under this clause are final and binding.
11. Dance Studio
- Members and anyone accompanying them are required to abide by the Rules and Regulations of GDA at all times when in the Dance Studio.
- 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.
- The Management, teachers, instructors and staff of GDA are authorized to stop anyone from dance activities or using any of the facilities or equipment if he/she is judged unsafe. Users must abide by the instructions of the Management, teachers, instructors and staff at all times.
- GDA reserves the right to deny admission to any Member found in breach of these the Rules and Regulations and T&C’s and/or committing any illegal act.
- GDA reserves the right to claim damages for any loss of or damage to any part of the Dance Studio, 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.
- 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.
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.
13. Copyright and Intellectual Property
GDA retains the copyright and all other relevant intellectual property rights in its work products, lessons, teaching methods, techniques, syllabus, 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.
14. Data Protection
- 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.
- 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.
- 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 loss, disposal of any unclaimed property.
- 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.
- No photography / video taking is permitted within the Dance Studio unless expressly authorized by the Management.
- Unless otherwise agreed in writing, GDA may disclose the fact that you are a Member of GDA in our marketing and/or promotional materials.
16.Law & Jurisdiction
- The agreement between GDA and the Member and these T&C’s are subject to and shall be construed in accordance with the laws of Singapore.
- GDA and the Members hereby submit to the exclusive jurisdiction of the courts of Singapore.