Terms and conditions

Terms and conditions of service

Between Wedding Dance NZ and YOU ‘THE CLIENTS’

The following Terms and Conditions detail the agreement between us Wedding Dance NZ and YOU ‘THE CLIENTS’. When you make a payment for lessons you are agreeing to abide by these Terms and Conditions which detail what we will do for you and what you should expect from our service. In the unlikely occurrence of a misunderstanding please refer to these Terms and Conditions. To protect your own interests please read these Terms and Conditions carefully before making a payment. If you are uncertain as to your rights under them or you want any explanation about them please contact us to make a query.

Responsibilities of Wedding Dance NZ

• To provide a Choreographer to create a routine suiting your ability and requirements

• We reserve the right to substitute the Choreographer and rearrange the lessons should the Choreographer become unavailable.

• In the event that the Choreographer is, due to unforeseen circumstances, unable to attend a lesson and the lesson can not be rescheduled to a mutually acceptable date and time the fees paid will be returned to YOU ‘THE CLIENTS’ 

• We are not responsible for any damage to the property of YOU ‘THE CLIENTS’ (or owner of lesson space) or for any physical or mental harm or injury to YOU ‘THE CLIENTS’ during the lessons.

Responsibilities of the CHOREOGRAPHER

• To choreograph an appropriate dance for YOU ‘THE CLIENTS’

• To consult YOU ‘THE CLIENTS’ on your requirements during the initial dance lesson.

• To assess the needs and abilities of YOU ‘THE CLIENTS’, and conduct the lesson in a manner appropriate to this.

• To create and rehearse the dance routine with YOU ‘THE CLIENTS’ over the agreed period of lessons.

• To agree to and abide by the Wedding Dance NZ ‘Code of Conduct’

• To not be responsible for any damage to the property of YOU ‘THE CLIENTS’ (or owner of lesson space) or for any physical or mental harm or injury to YOU ‘THE CLIENTS’ during the lessons.

Responsibilities of YOU ‘THE CLIENTS’

• To take dance lessons from the Choreographer

• To treat the Choreographer with dignity and respect. Behavior that is considered insulting or abusive will result in cancellation of all outstanding lessons.

• To inform Wedding Dance NZ of any medical conditions or injuries prior to the first lesson.

• To provide a suitable space for the lessons to be conducted if not using the Wedding Dance NZ, Taupo rehearsal space.

• To contact Wedding Dance NZ to arrange any additional dance lessons not agreed in the initial booking.

• To not hold Wedding Dance NZ or the Choreographer responsible for any damage to your property (or that of the owner of the lesson space) or for any personal physical or mental harm or injury to yourselves during the lessons.

Marketing of Items

We reserve the right to market images and videos upon social media platforms as demonstrations of our capabilities to existing and potential clients, unless we have been asked in writing not to; this is in compliance with our privacy policy.

Payment

Full payment is due on packages no later than 7 days after a first lesson or before the second lesson begins.

Lessons are not confirmed until a 50% deposit payment has been made.

Failure to pay within the period specified shall result in the non-occurrence of lessons.

Cancellation and Rescheduling

• Wedding Dance NZ reserves the right to cancel a lesson with 24 hours notice.

• Cancellation will only occur if the Choreographer should become unavailable due to extreme circumstances out of Wedding Dance NZ’s control. In this circumstance Wedding Dance NZ will endeavour to either find a replacement Choreographer or re-schedule the lesson. If this is not possible, the lesson will be cancelled and we will refund YOU ‘THE CLIENTS’ for the cancelled lesson.

• YOU ‘THE CLIENTS’ can cancel or reschedule lessons with a minimum of 72 hours notice. Cancelled classes will receive a refund.

• Lessons cancelled or rescheduled by YOU ‘THE CLIENTS’ within 72 hours of the lesson are not eligible for refund.

• In the circumstance of cancelling or rescheduling Wedding Dance NZ cannot guarantee the new dates will be successfully arranged.

Wedding Dance NZ do not refund payment if:

•  YOU ‘THE CLIENTS’ decide you are not happy with either the tuition or the choreography after all lessons have been completed. This is because YOU ‘THE CLIENTS’ should alert Wedding Dance NZ to any issues as detailed in ‘Complaints’ as soon as the problem arises within the course of lessons.

Complaints

In the event that YOU ‘THE CLIENTS’ are unhappy with the service provided by Wedding Dance NZ, you must raise the issue with Wedding Dance NZ immediately to explain the situation. Depending on individual circumstances, Wedding Dance NZ will arrange for a replacement Choreographer, in extreme circumstances offer a refund for the lesson and any subsequent lessons. If a replacement Choreographer can be arranged, Wedding Dance NZ reserves the right to reschedule the lesson(s).

Termination

• Wedding Dance NZ can terminate this Agreement by giving 24 hours notice.

• Wedding Dance NZ reserve the right to terminate this Agreement immediately should YOU ‘THE CLIENTS’ be in breach of contract.

• YOU ‘THE CLIENT’ may terminate this Agreement by giving 48 hours notice. Cancellation by YOU ’THE CLIENT’ is subject to cancellation charges.

Indemnity

YOU ‘THE CLIENTS’ agree that Wedding Dance NZ, and its freelancer Choreographers, will not be liable to you for any claim or demand, including reasonable solicitor’s fees, due to or arising from YOU ‘THE CLIENTS’ lessons with Wedding Dance NZ.

Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Wedding Dance NZ confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the New Zealand Arbitration Act 1996, in effect at the time the proceedings begin. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Taupo, New Zealand. All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties, and acknowledge the full extent of any remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. Any claim must be filed within one (1) year of the time the cause of action accrued, or the cause of action shall be forever barred. This however does not attempt or aim to prohibit liability in relation to any term implied by NZ law which cannot lawfully be excluded. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

Entire Agreement

This Agreement sets out all of the Terms and Conditions between Wedding Dance NZ and YOU ‘THE CLIENTS’.

Wedding Dance NZ reserves the right to alter these Terms and Conditions from time to time without giving notice to YOU ‘THE CLIENTS’.

Wedding Dance NZ

January 2021