POINTE NATION ADULT BALLET
TERMS & CONDITIONS
Welcome to Pointe Nation Adult Ballet, where your safety and comfort are our top priorities. Before you begin your journey with us, we kindly ask you to take a moment to familiarise yourself with our Terms and Conditions.
Your agreement to these Terms and Conditions is essential for obtaining a membership and accessing our studios. However, if you find any aspect disagreeable, we encourage you to reach out to us.
Here are a few gentle reminders:
We cherish every individual and item within our Studios and kindly request that you treat them with the same care and respect.
For your peace of mind, we recommend leaving any valuable personal belongings at home, or in the boxes provided. Please ask a staff member if you wish to bring something into the studio with you. While we strive to maintain a safe environment, we cannot be held responsible for any loss or damage to personal items.
Your well-being is paramount to us. Please be aware that participating in activities such as ballet and pointe carries inherent risks, and we trust you to make decisions that prioritise your safety.
Prior to joining any class, please inform us and our instructors of any injuries, illnesses, discomfort, or pregnancy you may be experiencing. Your health and comfort are our utmost concern.
Each Student Membership comes with specific terms and conditions tailored to your needs and preferences. These may include details on membership commitments, payment arrangements, and class attendance guidelines, all designed to ensure your experience with us is as seamless as possible.
Membership Terms and Conditions:
The minimum membership term is 12 weeks (3 full payments).
Membership grants access to all regularly scheduled classes, including Ballet, Pointe, Foundations, Repertoire, PBT, Open classes, and special events based on your membership type.
After 12 weeks, membership automatically renews on a 28-day billing cycle unless canceled with 5 business days' notice in writing.
Membership fees are charged every 4 weeks via Stripe.
Ensure sufficient funds for auto-debit to avoid declined transactions incurring additional costs. Failed auto-debits prompt contact for alternate payment methods.
Membership can be canceled at any time after the initial 12-week term with 5 business days' notice. Memberships may be suspended for 1 to 10 weeks with a minimum 7 days' notice.
Late cancellation fees apply: $4 for late cancellation, $12 for no-shows. Private lessons require 48-hour notice.
Failed auto-debits result in cancellation with a $25 fee.
Stripe's terms also apply to your membership agreement and can be found on our website under T&C'S.
Memberships are non-transferable.
General Terms and Conditions:
You will receive access to our wide range of regularly scheduled classes, including Ballet, Pointe, Foundations, Repertoire, PBT, Specialty Classes, Open Classes, and Unique Events tailored to your package or membership type. Please note that unique courses or workshops may not be included.
Packages are non-refundable and cannot be extended beyond their due date. Memberships are non-refundable and any changes must be communicated via email (pointe@pointenation.com.au) or submitted via online form (pointenation.com.au/membership-suspensions) with 5 business days' notice for processing.
Transaction fees apply for direct debit from a bank account (2% + $0.30 per transaction) and credit card transactions (2.75% + $0.30 per transaction).
Changes or cancellations to packages or classes cannot be made via social media, phone, in person, or any other medium aside from our online booking platform. Email notifications are accepted with at least 1 week notice prior to class start time. For all classes, there is a 4-hour late cancellation window to avoid deduction from your pack. Failure to show up for a reserved spot or late cancellation will result in deduction from your pack. For Private Lessons, a 48-hour late cancellation window applies, and failure to cancel on time will result in deduction from your allocated sessions. Please cancel waitlisted or booked classes if you are unable to attend to allow others to take your place.
Agree to release Pointe Nation Adult Ballet and its instructors, and staff from any liability for any loss, damage, injury, or expense incurred during ballet classes or related activities, including but not limited to personal injury or property damage.
Packages are non-transferable and may not be shared. Sharing packages will result in denial of entry and forfeiture of packages permanently.
Please familiarize yourself with Ballet Class Etiquette and Booking Policies. Remember to check into all classes by notifying the teacher upon arrival.
Definitions:
In these Terms and Conditions, we use the following definitions (all definitions are in Capitals):
“Pointe Nation Adult Ballet” & “Pointe Nation”, “us”, “we”, “our”, all means jointly and severally Simms Studio Pty Ltd (ACN 630 166 817).
“Representatives” means Pointe Nation Adult Ballet’ directors, officers, contractors, employees, consultants, partners, advisors or other affiliates.
“Terms and Conditions” means this agreement.
“Student” means a person with a Student Account, Package or Membership.
“Student Membership” means a membership that is obtained by a person in order to have access to a Studio and Classes.
“Studio” means a physical premise operated by Pointe Nation anywhere in the world offering and providing various goods and services, including without limitation the Services.
“Services” means ballet, pointe, repertoire and associated fitness services.
“Class” means a physical exercise class held at the Studio which provides ballet, pointe and repertoire or fitness instruction.
“Class Schedule” means, for each Studio, a schedule for the conducting of Classes implemented by us from time to time.
“you” means you, a person who either:
Has a valid Student Membership; or
Enters any Studio, regardless of any Student Membership status.
Welcome to Pointe Nation Adult Ballet, where your comfort and well-being are at the heart of everything we do. Before embarking on your ballet journey with us, please take a moment to acquaint yourself with the following guidelines:
Application of Terms & Conditions:
By acquiring a Student Membership or stepping into one of our Studios, you signify your agreement to abide by our Terms and Conditions. If you do not agree with these Terms and Conditions, you should not obtain a Student Membership or enter a Studio.
Our Terms and Conditions are readily available on our website at www.pointenation.com.au, and you can also request a physical copy at our reception desk. We believe in transparency and accessibility.
Please be aware that our Terms and Conditions may be updated from time to time. Rest assured, we'll always notify you of any changes through email, on our website, or within our Studios. Your understanding and periodic check-ins are greatly appreciated.
Contact Details and Privacy:
Keeping your contact details current ensures seamless communication between us. If your information changes, please inform us promptly.
Your privacy matters to us. We comply with the Privacy Act and take stringent measures to safeguard your personal information. If you have any questions about our Privacy Policy, or if you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have, please contact us at pointe@pointenation.com.au.
We use a third party client management software known as “Momence”. In order to create a Student Membership, your personal information will be provided to the proprietor of Momence. The collection and use of personal information by Momence is governed by Momence’s privacy policy, which can be viewed here.
General Conditions of Entry:
We reserve the right to refuse entry or ask anyone to leave our Studios if their behaviour compromises the safety or comfort of others. Our aim is to maintain a welcoming environment for all.
While we strive to adhere to our Class Schedule, unforeseen changes may occur. Your understanding in such instances is deeply valued.
To ensure minimal disruption, late entry to Classes is not permitted. We recommend arriving at least 15 - 5 minutes early to settle in comfortably.
We kindly ask that you refrain from leaving Classes before their scheduled conclusion out of respect for fellow participants.
For the safety of all, please avoid bringing valuable items into our Studios. Utilise our provided shelves and bring only essentials.
Interfering with others' personal belongings or engaging in disruptive behaviour may result in membership cancellation.
Our instructors are here to guide you safely through your practice. Please heed their instructions to minimise the risk of injury.
It’s important to inform us and our instructors of any health concerns before participating in Classes. Your well-being is paramount.
Please maintain appropriate attire and conduct during your visit, ensuring a comfortable environment for all.
Lastly, let’s keep our Studios clean and hygienic by using towels to wipe away any perspiration during exercise, and by refraining from smoking on the premises.
We’re thrilled to have you join our community and look forward to sharing the joy of ballet together!
Student Memberships and Gift Cards:
To be eligible for a Student Membership, individuals must be 18 years or older. Exceptions are made for those aged over 15 and under 18 with parental or guardian consent.
Please note that the sale of a Student Membership is considered final. While we understand circumstances may change, refunds are not offered for reasons such as change of mind, user error, illness, or relocation.
Each Student Membership grants access to specific Studios and Classes within a designated timeframe or class limit. Variations of Student Memberships are available, each subject to Additional Membership Terms and Conditions.
Student Memberships are intended for personal use only and are non-transferable. Any attempt to sell, trade, or share memberships with others may result in cancellation and permanent barring from our Studios.
Gift cards are available for purchase and can be redeemed for the creation of Student Memberships. Please note that gift cards hold no cash value.
We reserve the right to adjust fees for ongoing Student Memberships after the minimum commitment period, with 12 weeks' notice provided. Any fee changes will be communicated to you in writing. Should you disagree with the new pricing, you have the option to cancel your Membership as outlined in our Terms and Conditions.
Our fee structure for Student Memberships is subject to occasional revisions, and any adjustments will be communicated to you in writing.
Your understanding and cooperation with these policies ensure a smooth and enjoyable experience for all members of our community.
Class Attendance & Cancellation & Booking Policy:
To secure your spot in our Classes, we recommend utilising our convenient Online Booking System available on our website or mobile app. While bookings are encouraged, they are not mandatory. If you choose to attend a Class without booking, availability will be determined at our discretion.
Should you need to cancel a booked Class, please ensure to do so through the Online Booking System. To avoid any penalties, cancellations must be made up to 4 hours prior to the scheduled start time of the Class, as outlined in our Class Schedule.
Please note that for Studio Private classes, cancellations must be made at least 24 hours in advance. Failure to do so may result in charges or credit removal from your account.
We understand that unforeseen circumstances may arise, leading to late cancellations. In such cases:
For Student Memberships with unlimited Class attendance, late cancellations or no-shows will incur a fee. Specifically, a $7.42 Late Cancel fee or a $15.56 No Show fee will be applied if you cancel within the Early Cancellation Window or fail to attend a booked Class.
If your Student Membership has a Class limit, missed Classes will still count toward your allocated number. Late cancellations or no-shows may result in deduction from your remaining Class count.
Upon incurring any penalty fees, your ability to book and attend Classes will be temporarily suspended until the fee is settled in full.
We appreciate your cooperation in adhering to our Class Attendance & Cancellation Policy, ensuring a fair and efficient experience for all members of our community.
Bookings are open 21 days in advance for all classes, and can be made via the website or the Pointe Nation App. Maximum of 2 class bookings per day, per member. You may attend other classes paying an additional casual rate pending availability on the day.
Waitlists:
Given the high demand for our Classes, we strive to provide everyone with ample opportunity to participate.
If you find yourself on a waitlist, there's a chance you may be added to the Class up to 1 hour before its start time.
However, if you late-cancel out of a Class, even if you were added from the waitlist, within 4 hours of the Class, you will incur a charge.
If you know in advance that you won't be able to attend a Class, please remove yourself from the waitlist to avoid any penalty fees. This applies to all Class times, including early morning sessions, as you may be added from the waitlist late at night.
Your cooperation in managing waitlist attendance ensures fairness and efficiency for all participants.
EMAILS AND NOTIFICATIONS
To keep on top of all your bookings, waitlists and cancellations, please ensure you have opted in to receive all communication from us, you can do this in your Account Settings on the website.
Further Terms and Conditions for Student Memberships:
Additional terms and conditions specific to each type of Student Membership we offer are outlined in the Schedule accompanying these Terms and Conditions, collectively referred to as "Further Membership T&C’s".
These Further Membership T&C’s, relevant to your particular Membership, are integral to these Terms and Conditions and are legally binding upon you.
Consumer Guarantees:
Our Services are covered by consumer guarantees as stipulated by the Australian Consumer Law ("ACL"). Apart from these consumer guarantees and other non-excludable rights under the ACL and relevant laws, we expressly disclaim any implied terms, conditions, or warranties related to these Terms and Conditions or our Services.
Our Liability:
In accordance with applicable laws and subject to clause 37: Pointe Nation and its Representatives bear no liability and hereby disclaim all responsibility under these Terms and Conditions, whether in tort, statute, or otherwise, for any injury, illness, damage, or loss suffered by you directly or indirectly in relation to your Student Membership, participation in any Class, or entry into the Studios.
By agreeing to these Terms and Conditions, you release Pointe Nation and its Representatives from any and all claims pertaining to your Student Membership, participation in any Class, or entry into the Studios.
Should clauses prove unenforceable for any reason: Our maximum collective liability arising from or relating to any claim by you, regardless of its origin, shall not exceed the total membership fees paid to us by you in the preceding 12 months.
Indemnity:
You agree to indemnify Pointe Nation and its Representatives against any direct, reasonable, and quantifiable loss or damage incurred as a result of your violation of clauses in these Terms and Conditions.
Intellectual Property:
The "Pointe Nation" and "Pointe Nation Adult Ballet" logos are registered trademarks owned by us and are used in connection with our Services. Additionally, we hold exclusive ownership of various materials created to promote our Services.
Without our prior written consent, you are not permitted to copy, reproduce, sell, distribute, licence, or otherwise use. We reserve the right to withhold consent at our discretion.
General:
Any provision of these Terms and Conditions deemed unenforceable or void, in whole or in part, may be severed without affecting the validity of the remaining provisions.
These Terms and Conditions are governed by the laws of Victoria, Australia. Both parties agree to submit to the jurisdiction of courts in Victoria, Australia.
We reserve the right to transfer our rights and obligations under these Terms and Conditions to a third party nominated by us, provided that the third party agrees to fulfil its obligations to you under these Terms and Conditions. In such instances, you agree to release us from our rights and obligations under these Terms and Conditions.
Pointe Nation does not facilitate refunds under any circumstances.
Pointe Nation Adult Ballet doesn’t arrange refunds for any reason.