Terms & Conditions

Maison Burlesque General Terms & Conditions

These terms and conditions (Terms) are entered into between Yolanda Skye Pty Ltd T/A Maison Burlesque ABN 79 627 122 301 (we, us or our) and you, together the Parties and each a Party. We provide burlesque and other classes at our boutique burlesque studios (Services). In these Terms, you or Student means the person or entity who is registered, or will register, for our Services. 

Acceptance  

You accept these Terms by clicking “I accept” or making payment of any part of the fees for the Services you have selected. 

Disclaimer

Your participation in the Services may expose you to the risk of physical harm or personal injury. The risk of physical harm or personal injury may arise from, but is not limited to, third party participants, your fitness level or the equipment used by you. You agree that physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Services and our classes. You agree that it is your responsibility to only select classes which are suitable for your fitness level and experience. We limit our liability as permitted under the Australian Consumer Law (please see Australian Consumer Law section below). 

Neither we nor our personnel are medical practitioners and we do not give medical advice, treatment or diagnoses. Our Services are intended to assist you to achieve your fitness goals and/or learn new skills, or improve existing skills. You acknowledge and agree that nothing in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our personnel, nor are they intended to be a substitute for consulting a medical practitioner for your particular circumstances and needs. We encourage you to seek appropriate medical advice before using our Services. If for any reason you feel any pain or discomfort during the classes, it is your responsibility to immediately stop participating and inform us immediately, and seek appropriate medical attention. 

Punctuality/Attendance:

Please aim to arrive 5 minutes before your class starts so you are ready to start on time. Please do not enter the room if another class is in progress. Students who are more than 25 minutes late to their class are still able to join their class however they will be marked absent on the roll. If possible, please advise your instructor if you are unable to attend your class on any given week.  

Personal Belongings:

We accept no responsibility for your personal items, and exclude all Liability for any personal items that are misplaced, lost or stolen so please take care of your belongings & ensure you have everything with you when leaving.

Behaviour:

You acknowledge and agree that you must act respectfully and considerately towards us and other participants, and not do anything to harm us and/or other participants. If you fail to comply with this clause, you agree that we may ask you to leave a class at any time, and, in our sole discretion, stop your future use of our Services.  

Photography:

Photography and video for personal use is welcomed at Maison Burlesque, however all students must gain approval from all other persons in the photo/video before publishing it in any format, including online or on social media. Students are not to be filmed or photographed without their knowledge or consent. Students must gain permission from their instructor before posting class routines/choreography online, including social media. 

Please note that by appearing in The Cherry Poppers Showcase & class photos and video you are consenting to us, or any person acting on our behalf, to take photographs, film or take audio records of you in any medium (Material). You acknowledge and agree that we may use, reproduce, publish communicate or broadcast the Material any form, including on our website, social media, third party websites, print or digital media, and for advertising and marketing. 

You agree that we own the copyright and related rights in the Material and that you will not be paid or receive any benefits or royalties for appearing in the Material. 

Copyright:

Instructors retain copyright and related rights over all class content and choreography and you acknowledge and agree that class choreography is not to be used outside of Maison Burlesque for public or commercial use without express written consent by the instructor.

Student Showcase:

All those who wish to participate in our optional student showcase are responsible for all their costuming (encouraged to be low cost) as well as their own hair and makeup on the night. Students wishing to perform in the student showcase must have attended a minimum of 6 out of 8 classes in order to perform, and all students who do not meet this requirement may only perform at the discretion and approval of their instructor. Students who are more than 25 minutes late to their class are still able to join their class however they will be marked absent on the roll. 

Casual Class Passes and Casual Drop-in Classes :

Prepaid casual class passes cannot be shared between students, and must be used within the expiry period (all passes are now valid for 6 months). The validity period will include a term break period, and classes may not run during term break. Casual Class passes cannot be used for Showcase Courses, Choreo Courses, Intro Courses or Masterclass Workshops.

Cancellation / Refund Policy

**Please note: These terms & conditions only apply to our burlesque classes, courses & workshops and are NOT relevant to hens parties, private events, offsite shows and events or Maison Burlesque Online.

Class Transfers/Refunds for 4-8 Week Courses 

Students may cancel their booking in exchange for class credit up to 7 days prior to the start date of the course by contacting Maison Burlesque in writing. Any less than 7 days prior to the start date of the course students may transfer the booking to another students name or transfer into another course within the same term (pending availability).'

Once term has commenced, students may only request a transfer to another course taught in the same term by the same teacher and this is subject to teacher approval. Otherwise we do not permit (subject to your Consumer Law Rights) class transfers, credits or refunds for courses after the term has started.

Incomplete Attendance:

Maison Burlesque will not provide refunds for services and class payments under any circumstances including change of mind or failure to attend for personal or medical reasons. Maison Burlesque is not responsible for any lateness, incomplete attendance or failure to finish the course.

Class Transfers/Refunds for Casual Class Passes & Drop-In Tech Classes

Maison Burlesque requires at least 4 hours notice for any casual “Tech” class cancellation or transfer. Cancellations must be requested via email only to: info@maisonburlesque.com.au

Maison Burlesque will not provide refunds for services and class payments under any circumstances including change of mind or failure to attend for personal or medical reasons. Maison Burlesque is not responsible for any lateness, incomplete attendance or failure to finish the class.

Class Transfers/Refunds for Workshops

Students may cancel their booking in exchange for class credit up to 7 days prior to the start date of the workshop by contacting Maison Burlesque in writing. Any less than 7 days prior to the start date of the course/workshop students may transfer the booking to another students name.

Except as otherwise required by the Australian Consumer Law, Maison Burlesque will not provide refunds for services and course/workshop payments under any circumstances including change of mind or failure to attend for personal or medical reasons. Maison Burlesque is not responsible for any lateness, incomplete attendance or failure to finish the course/workshop.

Class Cancellations

We require a minimum number of students for classes to proceed and may cancel any class if this minimum has not been met. In the event of a course cancellation due to low registrations, students will be offered the option of a refund or transfer to an alternate course. 

In the rare event of a teacher being unable to teach a class due to illness or other circumstances, we reserve the right to use a substitute teacher for that class. If this is not an option, then students will be offered either a pro-rata refund for that date or a rescheduled date for the class.

All classes run as per usual on public holidays, unless otherwise specified.

Australian Consumer Law 

WARNING UNDER THE AUSTRALIAN CONSUMER LAW (Cth) 

Under the Australian Consumer Law (Cth), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier is required to ensure that the recreational services it supplies to you: 

1. are rendered with due care and skill; and 

2. are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and 

3. might reasonably be expected to achieve any result you have made known to the supplier. 

By participating in the Services and any classes, you agree to accept, to the extent permitted by law: 

1. that the supplier can ask you to limit these guarantees; and 

2. you agree to exclude any responsibility or legal liability of the supplier to you for death or personal injury from the supplier’s failure to comply with these guarantees. 

NOTE: This exclusion does not apply to significant personal injury caused by reckless conduct by the supplier. 

By participating in the Services or any classes, you agree to release the supplier and any affiliates and all parties associated with organising the Services and/or the classes from any responsibility or legal liability for death or personal injury associated with your participation in the Services and/or the classes. This release does not apply to significant personal injury caused by reckless conduct by the supplier. 

In this clause, “supplier” means us and this clause will survive the termination or expiry of these Terms. 

Consumer Law Rights 

Certain legislation, including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us (or our personnel) to you which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms excludes your statutory rights as a consumer under the Australian Consumer Law. 

Limitations on Liability 

Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law: 

1. neither Party will be liable for Consequential Loss; 

2. a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its personnel), including any failure by that other Party to mitigate its loss; and 

3. in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supply the Services again or paying the cost of having the Services supplied again; and 

4. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the price paid by you to us in respect of the supply of the Services to which the Liability relates. 

This Limitations on Liability clause will survive the termination or expiry of these Terms.  

Termination

If we suspect that you are in breach of these Terms, we may suspend your access to our Services immediately while we investigate the suspected breach.

These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 5 days of the Defaulting Party being notified of the breach by the Non-Defaulting Party. 

Upon expiry of termination of these Terms, you will no longer have access to our Services and where we terminate your participation as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination (including recovery fees). 

Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused fees on a pro-rata basis. 

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under these Terms. 

General 

Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 

Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. 

Governing Law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

Notices: Any notice given under these Terms must be inwriting, addressed to us at the details set out below, or to you at the details provided by you to us when booking our Services. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. 

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. 

Definitions 

Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the fee under these Terms will not constitute “Consequential Loss”. 

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control. 

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise. 

For any questions and notices, please contact us at: 

Yolanda Skye Pty Ltd T/A Maison Burlesque ABN 79 627 122 301 

Email: info@maisonburlesque.com.au

Last update: 24 October 2022