Kinetic Studio

Terms and conditions

By accessing or using our Sites and/or Services, you agree to be legally bound by the following terms and conditions operated by Kinetic Studio ("us", "we", or "our").

Please read these Terms of Use carefully. If you do not agree with any part of these Terms of Use you should refrain from using the Sites and/or Services. We may change, modify, add or delete portions of the Terms of Use from time to time at our sole discretion and your continued use of the Sites and/or Services constitutes your acceptance of those changes.

It is your responsibility to regularly check and/or review these Terms of Use and to decide whether you agree to abide by them and be bound by them. If you do not agree to be bound by or abide by these or any future Terms of Use, please do not use or access (or continue to use or access) the Sites and/or Services.

Kinetic Studio reserves the right to elect not to provide the Services to you, process any order you place or allow you access to the Sites.

Nothing contained in this Website should be construed as any form of such medical advice or diagnosis. By using the Website you represent that you understand that physical exercise involves strenuous physical movement and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Kinetic Studio that you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You expressly waive and release any claim that you may have at any time for injury of any kind against Kinetic Studio including without limitation its directors.

Zoom Classes

By participating in a zoom live class, you agree and acknowledge the following terms and conditions:
1. Online dance classes can involve the risk of personal injury, and that risk is accentuated by participation outside the controlled environment of our own studios. While Kinetic Studio takes all reasonable care in the conduct of its classes, it accepts no responsibility for injury or loss caused during the classes or whilst participants are participating in an online class session;

2. You or your legal guardian are responsible for ensuring that you are physically and medically fit for the class;

Return and Refund policy

PLEASE READ CAREFULLY FOR ALL DANCE CLASS BOOKINGS

All purchases for Kinetic Studio's dance classes and dance class passes are final, non-refundable and non-transferable. If there is a change to the timetable due to an outbreak in COVID or any COVID related issues and the student has been directly contacted, the student will be given 1 week from their purchasing date to either exchange for a class credit or request a refund. If there is no decision/no response made during this period the student will no longer be valid for any refund, after this period it will be up to Kinetic Studio's discretion if they wish to provide any refund.

If you wish to cancel or exchange a class to another class, you must give Kinetic Studio at least 24 hours notice prior to the class, otherwise your request for a exchange or refund will not be valid.

There is strictly no refunds for change of mind, this includes reasons such as teachers leaving, passes about to expire, wanting to claim a recent promotion etc. If you cancel by yourself via the website without notifying Kinetic Studio first you will not be valid for a refund even if you cancel outside of 24 hours.

FOR ALL SHOWCASES/VIDEO PROJECTS/COURSES any participant under the age of 18 must obtain parental consent before making any financial transactions with Kinetic otherwise they will not be liable for any refunds. Parents are required to sign a parental consent form which is available, for any of our course registrations here. If this document is not signed, individuals will be enrolled on the assumption of being over 18 years of age

KINETIC SHOWCASE T&C's

All purchases are considered final, thus being non-refundable and non-transferable. This policy is applicable to all Kinetic Dance Showcase Courses, encompassing events such as Kpop Night, Connect, and Step Up.

Each student is required to procure at least one Showcase Registration for themselves. Failure to obtain this registration renders the student ineligible to perform at the showcase. This practice is consistent for all performers associated with Kinetic Dance Studio.

We anticipate students' active involvement in all practice sessions except for one session leading up to the performance. If a student is unable to attend a practice, it is expected that they will practice independently to catch up. Any missed sessions cannot be reimbursed or exchanged.

Refer to the "COVID" section below for guidance on addressing issues related to COVID that may cause a practice to be missed.

Kinetic teams will only partake in the showcase if the minimum number of performers for a team (4 members) is met. If a team cannot proceed due to insufficient members, the affected students will have the option to receive a complete refund, obtain class passes, or switch to a different team.

Should the showcase be rescheduled to a later date due to external factors, such as COVID-related concerns, students must be flexible to accommodate the new date. In the event a student cannot attend the rescheduled date, they can receive compensation in the form of Kinetic Class passes equivalent to the value of remaining sessions, as decided by Kinetic Studio's discretion. Unfortunately, we are unable to accept monetary compensation due to the efforts invested by our teachers and the disruptions caused by changing formations.

By signing up to our showcase you agree to the following terms and conditions.

KINETIC SUBSCRIPTIONS

Paying by subscriptions is a new form of payment we have introduced in 2024, as from 16.06.24 the following terms and conditions apply if you purchase subscriptions

PLEASE READ CAREFULLY

- You must choose to start your subscription payments anytime before the 19th July 2024. Each week $35 will be deducted from your card for 8x Weeks.

- If your card fails to process for two consecutive weeks, there's a possibility of being removed from the team without sufficient explanation and there will be no refunds on previous payments.

- Failing payment or swapping to a new card without informing Kinetic first there will be no refunds on previous payments, even if the course has not started. If you wish to change to another card for payment you must notify Kinetic first advising the change.

- You must pay the $49 Registration fee before the course starts.

- There are no discounts for this subscription's payments.

There is no exchanges of teams, All purchases for Kinetic Studio's subscriptions are final, non-refundable and non-transferable.

By purchasing this subscription you agree to all the above terms and conditions and you are purchasing under the assumption you are 18 years or older.

KINETIC COURSES

All transactions are deemed final, rendering them non-refundable and non-transferable.

There will be no reimbursement for any missed sessions. Registration is confirmed upon full payment. Payment must be completed in its entirety at the outset.

Attendance at every session is not mandatory, but refunds for missed sessions are not available. Refer to COVID section for any COVID related queries. The course program may

undergo modifications during the course and will be guided by Kinetic.

By enrolling in a Kinetic Course, you hereby accept and agree to the subsequent terms and conditions

MEMBERSHIPS T&C

Membership durations align with the specific membership type selected:

Silver Membership remains valid for a duration of 3 months from the date of purchase.
Gold Membership remains valid for a duration of 4 months from the date of purchase.

In the event that Kinetic Studio relocates within a 5km radius of the original studio location at 135 Parramatta Road, Homebush membership refunds will not be processed. Kinetic Studio may, at their discretion, offer additional class passes as a gesture of compensation in case any inconvenience arises due to the relocation.

Should Kinetic Studio cease operations, full refunds will be issued for all memberships at a prorated rate of $18.70 (per gold membership) and $19.80 (per silver membership) for any remaining valid period.

Expired memberships are not eligible for refunds.

For memberships in which all passes have been utilized but the membership itself is still active, customers can request a coupon code from our staff to cover the remaining duration of their membership.

Please note that no refunds will be provided for unused membership sessions due to a change of mind. This policy extends to scenarios such as teacher departures and passes nearing expiration

Unlimited Pass Memberships

Our unlimited pass membership provides access to any regular class listed on our 'booking page' at Kinetic, with the exception of special event classes.

Please be aware that classes may be subject to cancellation if fewer than 2 students are registered for the class. In such cases, affected students will receive communication from Kinetic. If a class is cancelled, it will no longer be accessible for redemption with this membership.

Upon purchasing Kinetic Memberships, you are confirming your agreement to the terms and conditions outlined above.

PRODUCTS T&C

If a valid warranty claim is submitted within two weeks from the date of purchase for a product bought from us, we will provide a replacement with a new product. Kindly return the item to our studio for replacement, ensuring the product is in a 'like new, undamaged' condition. In situations where a replacement cannot be issued, the customer will have the option to receive a full refund upon returning the product to us.

Events/Workshops

Kinetic Workshop Pass are non refundable, non transferable, all purchases are final.

If your cancellation is a result of being unable to attend the workshop due to contracting COVID-19, we may potentially offer compensation in the form of class passes equivalent to the amount you paid. For instance, if you have not utilized any classes, you could receive 4x Class passes ($88 value). If you have participated in classes from the workshop, Kinetic will communicate with you to determine an appropriate number of class passes for compensation, as decided at their discretion. Regrettably, we cannot accommodate monetary refunds for reasons related to COVID due to the significant time and effort invested by the studio and teacher in the project.

To qualify for this eligibility, you must meet the following conditions:

Furnish adequate evidence of your COVID test result via PCR testing (either through email or phone evidence) with a timestamp.
Provide sufficient evidence of a rapid antigen test (RAT) result by submitting a timestamped photograph.

Kinetic Projects

Kinetic Projects are non refundable, non transferable, all purchases are final.

Kpop In Public Projects: Payments are required in advance through the website for project participation.

Refunds will not be provided for any missed sessions or if a participant decides to leave the group, including any remaining sessions. In the event of practices or filming being disrupted due to COVID-related reasons, there may be delays, and the activities will be rescheduled for a later date.

By becoming a part of a Kpop In Public Project, you give your consent for us to utilize any videos or photos captured during the project for future Kinetic advertisements. If you are under the age of 16, your participation is contingent upon obtaining parental consent to join our project. Kinetic Dance Studio holds no responsibility for injuries that occur while filming in outdoor locations. Your participation in the project implies your acknowledgment and acceptance that Kinetic Dance Studio bears no liability in this matter.

Incomplete projects T&C

Upon completion of the final session, each team is allotted a 3-month timeframe to complete their filming activities. Should the project experience continuous delays due to unresponsive team members or challenges in agreeing on filming dates, despite Kinetic's multiple attempts, we retain the right to discontinue the project's filming. It becomes the responsibility of the students to collaborate with Kinetic to establish a suitable filming date, while Kinetic will extend its assistance throughout this coordination process.

In situations where a team member is absent during a filming session, that particular member will be held responsible for covering the expenses associated with an additional filming session for the team. It is important to note that we emphasize a strict no-refund policy for projects that remain unfinished

COVID

Regarding COVID-related circumstances, if the group cannot reschedule due to collective availability constraints, a student diagnosed with COVID will be eligible for compensation in the form of 2x class passes. This entitlement applies under the following conditions:

Furnishing ample evidence of a COVID diagnosis through PCR testing (via email or photo evidence) with a timestamp.
Providing sufficient proof of a rapid antigen test (RAT) result through a timestamped photograph.

Regrettably, we do not offer monetary refunds for reasons related to COVID due to the substantial time and effort invested by the studio and teacher in the project.

Acceptance of this evidence will be subject to Kinetic Studio's discretion. If any member departs from a group before its conclusion without a valid reason, the student is responsible for settling all payments associated with the project, including any outstanding dues.

In cases where a team completes a project ahead of the planned session count and obtains approval from their teacher, they may qualify for a full refund of the remaining sessions or be eligible to claim Kinetic class passes, at Kinetic Studio's discretion. Initially, class passes will be proposed as compensation for missed sessions.

For any team member unable to attend a practice session due to personal reasons such as family travel or personal commitments, a refund for that session will not be granted. Instead, Kinetic will collaborate with the teacher to record the segment missed by the student, aiding in their catch-up process. Students are responsible for making up any missed content. Personal illness, unless COVID-related, also does not warrant a refund.

By making this purchase, you acknowledge and agree to these terms and conditions.

KPOP IN PUBLIC

Pertaining to our KPOP in Public Projects, the final editing decisions for the ultimate video will rest with the Teacher, Editor, and Kinetic Studio collectively. This includes choices such as using a single take or incorporating video cuts.

Our selection of Teachers is based on their extensive experience and expertise in Kpop in Public projects. While we highly value student feedback and take it into consideration, the final call will be made by the aforementioned parties. By enrolling in this course, you commit to adhering to and respecting the final decisions of your teacher. Should you encounter any conflicts with a teacher or team member, kindly reach out to Kinetic Studio directly for conflict resolution.

Kpop In Public projects welcome participants of all ages, beginning at approximately 10 years old. If you are below 16 years of age, obtaining parental permission is mandatory for project participation. Should your rehearsal or filming extend beyond 6pm, securing parental consent to stay out late and arranging safe transportation home is essential. Feel free to approach our staff for assistance if needed. Our foremost concern is ensuring the safety of all our students on their way home.

KPOP IN PUBLIC CANCELLATION POLICY

If a student or group of students intends to reschedule a planned session, they are required to notify Kinetic Studio a minimum of 24 hours prior to the scheduled session start time. Whether the request for a schedule change to a different date is granted will be determined by Kinetic Studio's discretion. Failing to provide a 24-hour advance notice will result in the absence of any refunds.

Studio Booking Policy

In the event that a booking (Class or Hire) has been confirmed with Kinetic, any cancellations made prior to 24 hours after confirmation will result in the hirer being responsible for the full hire amount as a penalty. Cancellations occurring within 48 hours, lacking a reasonable explanation at Kinetic Studio's discretion, will necessitate the hirer to cover 1/2 of the amount, either through payment or deduction from the hirer's deposit. By reserving the studio, the hirer acknowledges and agrees to these terms and conditions.

Any alterations to studio bookings within 24 hours of the scheduled booking must receive Kinetic's approval. Kinetic may propose an alternative arrangement (e.g., 2 hours in the small studio instead of 1 hour in the large studio). The final decision will rest with Kinetic Studio's discretion.

Privacy

By using these Sites and/or Services, you consent to SDC retaining and using your personal information in accordance with our Privacy Policy

Proprietary Rights

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Kinetic Studio or by third parties that have licensed or otherwise provided their material to Kinetic Studio. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Kinetic studio's prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

Nothing displayed on the Sites and/or Services should be construed as granting any right of use in relation to any intellectual property displayed on the Sites and/or Services without the express written consent of SDC

Key commercial Terms

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

License to Your Content

By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website or the Service, you hereby grant to Kinetic Studio a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Kinetic Studio has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a backup or residual copy of any Content posted by you may remain on Kinetic Studio's servers after the Content appears to have been removed from the Website, and Kinetic Studio retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Website or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

Limitation on Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

IN NO EVENT SHALL KINETIC STUDIO ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF KINETIC STUDIO SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE KINETIC STUDIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT KINETIC STUDIO SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY KINETIC STUDIO OR ANY OF ITS EMPLOYEES. KINETIC STUDIO IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES KINETIC STUDIO WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND KINETIC STUDIO OR A REPRESENTATIVE OF KINETIC STUDIO SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

KINETIC STUDIO RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.

You agree to defend, indemnify and hold harmless Kinetic Studio its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Website.

You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Kinetic Studio reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.