TERM AND CONDITIONS
This Agreement is made between ZIGZAG THEATRE (ABN 71 972 054 047) (the Business) of [address], in the
State of Queensland, and the Client.
1. Appointment.
1.1 The Client engages the Business and the Business accepts the appointment, and will carry out the theatre
classes (Services and Classes) on the terms and conditions set out herein.
1.2 The Client agrees and warrants that it has full legal right to enter into this agreement on behalf of the child
attending the Services, and is the legal parent and/or guardian of the child attending.
2. Obligations of the Business. The Business must:
2.1 provide the Services with a high degree of diligence, quality and efficiency, devote its time, attention and skill
to the performance of the Services;
2.2 whilst so providing the Services, remain an independent contractor at all times and, as such:
(a) assume full responsibility for their acts and omissions; and
(b) be solely responsible for any payments in respect of any employment benefits payable, including any
sick leave, long service leave, superannuation, workers' compensation, accident, sickness and life
insurance in respect to the Business; and
(c) provide all necessary tools to carry out the Services; and
2.3 whilst so providing the Services, provide prompt and full information to the Client regarding the performance
of the Services.
3. Deliverables and Services
3.1 The Parties agree that the Business shall provide the Services.
3.2 The Business warrants that as at the date of this Agreement:
(a) the Services will be performed:
(i) with due care and skill in as competent and professional manner as reasonably possible;
(ii) in accordance with generally applicable industry standards; and
(iii) in accordance with all applicable laws and regulations; and
(b) the Business is knowledgeable and has the requisite qualifications and experience in the field in which
the Business has been appointed.
4. Obligations of the Client
4.1 The Client agrees that it shall provide sufficient details, material, and information, including disclosure of any
and all pre-existing injuries (Client Information) to the Business as reasonably requested by the Business to
allow it to carry out the Services.
4.2 The Client agrees that the Client Information shall be true and correct, and that the Business shall not be held
liable for any false, misleading, and/or incorrect information provided by the Client.
4.3 The Client indemnifies and continues to indemnify the Business for any and all liability in respect to and in
relation to the Services including, but not limited to, personal injury and/or any other losses unless the cause
of such loss or injury directly attributable to the wilful misconduct or gross negligence of the Business, and/or
the Client Information.
5. Further Conditions of Enrolment
Personal Safety
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5.1 Parents and/or legal guardians are asked to collect their children promptly from venues at the end of each
Class. Supervision of students only extends to the end of each the Class.
5.2 Should the Business deem it reasonably necessary for an ambulance to be called, the Client will incur any
related cost.
Bullying
5.3 The Business mission at all times is to provide a safe and inclusive learning environment, free from bullying,
discrimination, or harassment.
5.4 The Business will not tolerate nor condone the actions of anyone which constitute bullying and/or harassment
of any kind.
5.5 The Business reserves the right to remove permanently or restrict any person from attending the Business
classes if they are found to have undertaken or condoned discrimination, bullying, and/or harassment.
5.6 By enrolling in the Classes and accepting the provision of Services, the Client accepts the Business Privacy
Policy, as amended from time to time.
5.7 Upon acceptance of these terms and conditions of enrolment with ZigZag Theatre, the Client agrees to sign
and return a Media Release Waiver (Waiver) and Child Safety Policy (Policy).
5.8 Should the Client not sign the Waiver and Policy in accordance with clause 5.7, the Client agrees and
acknowledges that the student may not be eligible to participate in the classes.
6. Fees and Invoices
6.1 The Client agrees to pay to the Business the service fees plus GST (Fees) in consideration of the provision
of the Services.
6.2 The Client agrees and acknowledges that Fees are to be paid in full prior to the commencement of each
school
term. Cancellation of enrolment will occur in the instance that Fees are not paid before the first class.
6.3 The Business may provide a receipt of payment of the Fees upon request from the Client.
6.4 The Client agrees and acknowledges that in the event that the Client fails to pay an invoice by its due date,
that access to, and/or provision of, the Services may be suspended or denied.
6.5 In the event that an invoice is not paid within fourteen (14) days of the due date, the Business reserves the
right to charge late payment fee of $20.00 per week for every week that the Fees remain unpaid, not to
exceed the maximum permitted by law.
6.6 Dishonoured payments will incur a $25.00 administrative fee. In the event that the Clients account incurs a
second dishonoured payment, the Business reserve the right to suspend further Classes and provision of
Services.
6.7 Should it become necessary for the Business to enforce any term of this Agreement either through legal
representation, collection agency, or directly through a small claims Court, then the Client agrees that it shall
pay all reasonable legal fees, agency fees, court costs, and other reasonable collection costs.
6.8 The Business reserves its rights to review, amend, or vary its Fee structure at any time, provided it gives the
Client fourteen (14) days written notice of any variation.
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6.9 If the Client is experiencing financial difficulties paying the term Fees, the Business should be immediately
notified to enable the parties to consider alternative payment arrangements.
6.10 Upon the confirmation of enrolment and receipt of payment of the Fees, no refund or cancellations will be
permitted or considered.
6.11 It is agreed that students should arrive on time, as classes will run as per their scheduled times. The Client
understands that any late arrival(s) will not result in a reduction of Fees.
6.12 If lockdowns are enforced due to COVID-19 or any other pandemic and/or epidemic, the Business will offer:
(a) a full refund of the remaining weeks for the Services (excluding the $30 membership fee); or
(b) the opportunity to attend the classes online at a discounted Fee.
Confidentiality and Privacy
7.1 The following is Confidential Information of the Parties:
(a) technology and all information clearly marked confidential, patient information, medical information,
software architecture, programs, source code, software, designs, systems, methods and procedures,
trade secrets, ideas, know-how, plans, concepts and information whether in writing or otherwise, details
of customers, business, sales, marketing or promotional information and financial information;
(b) information or communication that is designated by an employee, officer or agent of the Parties to be
confidential;
(c) information or communication the recipient knows or reasonably ought to know is confidential or is held
in confidence on behalf of a third party;
(d) Intellectual Property of either Party or that Partys clients or partners;
(e) that part of all notes and other records prepared based on or incorporating information referred to in
sub-paragraph (a); and all copies of information and those parts of the notes and other records referred
to.
7.2 Both Parties must:
(a) keep all Confidential Information secret and confidential;
(b) not use all or any of the Confidential Information otherwise than for the provision of Services under this
Agreement;
(c) take all reasonable and necessary precautions to maintain the secrecy and prevent the disclosure of
any Confidential Information.
7.3 The Parties covenant and warrant that they shall at all times act in good faith in accessing the Confidential
Information and shall not act in any way contrary to the interests of the other Party.
7.4 The Parties acknowledge and agree that the Confidential Information is confidential and of significant
commercial value and that damages may not be a sufficient remedy for a breach by the receiving party of this
Agreement.
Privacy
7.5 This Agreement and all details provided by you pursuant to this Agreement including the Client Information
and personal information shall be subject to the Businesss Privacy Policy, which forms part of this Agreement
and is set out on the Business website.
7.6 The obligations of confidentiality set out in this Clause 7 of the Agreement are continuing and shall survive for
five (5) years from the termination of this Agreement.
8. Termination
8.1 This Agreement may be terminated by mutual agreement between the Parties.
8.2 Either Party may terminate this Agreement immediately if:
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(a) the other Party commits any act of dishonesty, fraud, wilful disobedience, or wilful misconduct in the
course of carrying out this Agreement;
(b) the other Party breaches any material term contained this Agreement;
(c) any of the following occurs in respect of either Party:
(i) The commission of any act of bankruptcy;
(ii) The entering into or resolution to enter into an arrangement, composition or compromise with or
assignment for the benefit of their creditors generally or a class of creditors or proceedings are
called to sanction such arrangement, compromise or composition;
(iii) The appointment of a receiver, receiver and manager, official manager, trustee, administrator or
similar official is appointed, or steps are taken for such appointment, over any assets or
undertaking;
(iv) The suspension of payment of debts generally; and/or
(v) The Party becomes unable to pay its debts when they are due or is or is presumed to be
insolvent.
9. Limitation of Liability
9.1 Subject to Clause 9.5, and except as provided for in this Agreement, the Business makes no representation of
any kind, express or implied with respect to the delivery of the Services.
9.2 To the extent that any warranty is made, the sole and exclusive remedy for breach of any warranty is that the
Business re-provide the Services.
9.3 No warranty is made by the Business in respect to: (i) that the Service will meet the Clients specific
requirements, (ii) that the Service will be uninterrupted, timely, secure, or error-free, (iii) the quality of any
products, services, information, or other items purchased or obtained by the Client through the Service will meet
the Clients expectations, and (iv) that any errors in the Service will be corrected.
9.4 The Client agrees to indemnify, defend and hold harmless the Business, its related entities, shareholders,
agents, affiliates, employees, directors and officers, from any and all liability, claim, loss damage, demand or
expense (including reasonable legal costs) asserted by any third party due to, arising from, or in connection with
any breach by either party of the terms of this Agreement. This includes, without limitation, any representation
or warranty contained herein, any fraudulent conduct committed or negligence by either party, all liabilities
related to the Services, any investigation or government claim, and/or any intellectual property claims
associated with any and all copy and images supplied by either Party and its associated use thereof.
9.5 If Australian Consumer Law or any other legislation implies a condition or warranty into this Agreement in
respect of the Services supplied, and the Businesss liability for breach of that condition or warranty may not be
excluded but may be limited, Clause 9.1 does not apply to that liability and instead the Businesss liability for
such breach is limited to the Business supplying the services again or paying the cost of having the services
supplied again by a third party.
10. This Agreement
10.1 This Agreement shall be subject to the laws of the Queensland, Australia, and the parties irrevocably submit
to the non-exclusive jurisdiction of the Courts of Queensland.
10.2 Any provision of, or the application of any provision of, this Agreement which is prohibited in any jurisdiction
is, in that jurisdiction, ineffective only to the extent of that prohibition.
10.3 Any provision of, or the application of any provision of, this Agreement which is void, illegal or unenforceable
in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction
or of the remaining provisions in that or any other jurisdiction.
10.4 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other
provisions in this Agreement.
10.5 The failure of either party at any time to require performance by the other party of any provision of this
Agreement does not affect the party's right to require the performance at any time.
10.6 The waiver by either party of a breach of any provision must not be held to be a waiver of any succeeding
breach of the provision or a waiver of the provision itself.
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10.7 This Agreement supersedes all previous agreements, arrangements, understandings, representations or any
other communication in respect of the subject matter of this Agreement and embodies the entire agreement
between the parties.
10.8 This Agreement may not be changed or modified in any way subsequent to its execution except in writing
signed by the parties.
10.9 In this Agreement, headings are for convenience only and do not affect the interpretation of this Agreement
and, unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) words with a capital letter where defined in this Agreement have that meaning;
(c) words importing a gender include any gender;
(d) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a
corresponding meaning;
(e) an expression importing a natural person includes any company, partnership, joint venture, association,
corporation or other body corporate and vice versa;
(f) a reference to any thing (including, but not limited to, any right) includes a part of that thing;
(g) a reference to a party in a document includes that party's successors and permitted assigns;
(h) a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations,
proclamations, ordinances or by-laws varying, consolidating or replacing it, and a reference to a statute
includes all regulations, proclamations, ordinances and by-laws issued under that statute;
(i) a reference to a document or agreement includes all amendments or supplements to, or replacements
or novations of, that document or agreement.
10.10 The foregoing provisions of this Agreement apply except as otherwise agreed in writing between the Client
on the one hand and the Business on the other.
