TERMS & CONDITIONS, PRIVACY POLICY
1. You acknowledge and confirm to Choo la la PTY LTD that you are over 18 years
of age.
2. The purchase of all Fitesque memberships at FITESQUE PTY LTD is subject to
these terms and conditions. By attending FITESQUE PTY LTD classes you
agree that these terms and conditions are reasonable.
3. Copyright in all content on the website is exclusively owned by FITESQUE PTY
LTD, this also includes any choreography and information on social channels
including Facebook, Instagram, YouTube and Whats App.
4. By enrolling in a course of classes you acknowledge and agree that you must pay
the full course fee. Payment of the enrolment fee may be made in full on
enrolment, prior to course commencement
5. External payment plan policy:
By enrolling in a Fitesque course, you hereby acknowledge and agree to our
designated payment gateway, PayPal, being the exclusive platform for
processing all payments related to your course fees. This ensures a secure and
streamlined payment process. For further details and comprehensive information
regarding our payment policies, kindly refer to the Terms and Conditions
accessible through the provided link. Your adherence to these terms is essential
for maintaining a consistent and hassle-free payment experience throughout your
Fitesque. https://www.paypal.com/au/legalhub/useragreement-full
6. Nothing on the Fitesque website constitutes, or is meant to constitute, advice to
you of any kind. If you require medical advice, see a medical professional.
7. All Fitesque classes are undertaken at members’ own risk. You need to assess
whether a workout /dance program is suitable for you, taking account of your own
health and physical abilities.
8. FITESQUE PTY LTD reserves the right to modify content and pricing on the
website from time to time, in its sole discretion. Any change to pricing will be
notified in advance to members.
9. FITESQUE PTY LTD bears no responsibility for any injuries that arise from
taking part in any online or live classes.
10. FITESQUE PTY LTD is not liable to you (whether under contract, tort or
otherwise) in relation to the contents of, or use of, or otherwise in connection
with, the FITESQUE PTY LTD website for any loss or damage, including loss or
corruption of information or data.
11. FITESQUE PTY LTD reserves the right to modify content on FITESQUE PTY
LTD website from time to time, in its sole discretion.
12. These terms and conditions are governed by the laws of South Australia. The
courts of South Australia and the Federal Court (Adelaide Registry) have
jurisdiction with respect to these terms and conditions.
13. The Choo la la PTY LTD website is provided “as is” without any representations
or warranties, express or implied. Without limiting the generality of the foregoing,
FITESQUE PTY LTD does not warrant that website will be constantly available or
will be available without interruption.
14. We operate various social media platforms including a FaceBook group. The
Fitesque FaceBook group is a forum for sharing ideas and support in the
FITESQUE PTY LTD online community. You may post on our FaceBook group
page or Whats App class chats, provided that you are polite and respectful in
your posts. The FaceBook group page, and the private message accounts of
members of the FaceBook group, are not a platform for you to advertise or
promote any business, commercial interest, private venture or any third-party
product or service. Posts of this nature are not permitted, and may result in you
being permanently barred from the FaceBook group. We will not tolerate
unlawful, threatening, abusive, defamatory, obscene or indecent information, or
material posted on our social media platforms. Without limiting this, you must
comply with the terms of use of FaceBook, at https://www.facebook.com/policies
15. The personal opinions of any member who posts on the FaceBook group page
are that person’s opinion only. FITESQUE PTY LTD does not endorse any such
opinions. You should not assume that any advice or other comments posted by
members on the FITESQUE PTY LTD group page constitutes professional or
qualified advice.
16. If you supply a photograph or video or other digital content to us, we reserve the
right to use that content on our social media pages. We may edit, copy or alter
such content for any lawful purpose. You acknowledge that you waive any right
to royalties or other compensation for the use of your content. Choo la la has a
photographic team who will record and take photographs for advertising, social
media platforms. By accepting the terms and conditions you also permit other
Fitesque members to share still images on their own social media (subject to
licence conditions). At all times Choo La La remains the owner of all intellectual
property rights in the video and photographic recordings. If you do not consent to
be videoed or photographed or if you have other concerns you wish to discuss
with us, please respond by email hello@fitesque.com within 3 business days of
signing up to the course. If you do not email us with the allocated time you will be
deemed to have consented to the above.
17. To the extent permitted by law, you release FITESQUE PTY LTD and its
directors, officers, agents and employees from any liability to you in connection
with your FITESQUE PTY LTD membership.
18. You indemnify and agree to hold harmless FITESQUE PTY LTD and its directors,
officers, agents and employees from any liability arising in connection with your
FITESQUE PTY LTD digital and physical membership, except to the extent that
such liability arises from FITESQUE PTY LTD negligence.
19. FITESQUE PTY LTD reserves the right to terminate a member’s subscription if
the member does not comply with these terms and conditions.
20. Nothing in these terms excludes, restricts or modifies any rights or statutory
guarantees that you may have under applicable laws that cannot be excluded,
restricted or modified, including any such rights or statutory guarantees under the
Australian Consumer Law.
21. I agree that COVID restrictions, including self-isolation requirements, may impact
the delivery of classes, including venue and delivery format (in person and
online). By signing up to this course block, I agree that Fitesque will not be liable
for any COVID-19 related circumstances that affect my ability to attend classes or
perform in shows, including self-isolation requirements and related health orders.
I agree that, in signing up to this course, I understand the above and undertake to
complete all payments in full even if COVID-19 restrictions affect my participation
in classes, with reference to all payments including show footage, photographs
and costumes once ordered. I agree that I sign up to this course knowing I will be
required to fulfil all payment plans agreed to at the beginning of the block with no
exceptions, and understand no refunds will be issued.
22. Under the FITESQUE PTY LTD policies and procedures no minors or parties not
enrolled in a course are to be at any classes, rehearsals or shows.
​
​
By completing this Registration Form, I acknowledge that I am aware that a dance
class/musical theatre program incorporates physical and mental challenges that can be
quite demanding. I also acknowledge that you have carefully considered whether the
Fitesque dance fitness classes are suitable for you, and that you participate in the dance
classes or programs at your own risk.
​
I acknowledge and agree that FITESQUE PTY LTD (ABN 63 637 956 5241) (“Fitesque”)
is in no way responsible for the safekeeping of my personal belongings while I attend
class. I understand that classes may be physically and mentally strenuous and I
voluntarily participate in them with full knowledge that there is risk of personal injury,
property loss or death. I agree that neither I, my heirs, assigns or legal representatives
will sue or make any other claims of any kind whatsoever against Fitesque or its
members for any personal injury, property damage/loss, or wrongful death, whether
caused by negligence or otherwise.
CODE OF CONDUCT 1. I acknowledge that any videos, photographs or other digital
media created or accessed in relation to any Fitesque class are private and I will not
share them on social media or with any person who is not either an employee or officer
of Fitesque or a participant in a Fitesque class. 2. I will treat all people associated with
Fitesque with respect and dignity. In this paragraph, ‘people’ includes the staff and
management of Fitesque as well as all participants in any Fitesque class or programme.
3. I will be mindful and considerate of everyone’s rights to privacy. 4. I will be mindful
and considerate of the content of any photographs at all times 5. I will notify my
instructor or a member of Fitesque management if I cannot attend any class or
performance. 6. I acknowledge that while I am wearing Fitesque branded apparel, I will
be representing the company, the business and my fellow participants. Accordingly, I will
behave respectfully while wearing Fitesque branded apparel and while performing in any
Fitesque community and social events. My actions will not bring Fitesque into disrepute
in any way or negatively affect Fitesque’s good reputation. 7. I will return all borrowed
accessories and costumes in the condition that they were in when I received them. I
agree to pay for the replacement costs of any lost or broken items. I agree to pay for any
necessary dry cleaning costs or other restoration costs for any damaged or soiled items.
8. As I considered and acknowledged in my Registration Form, I reiterate that I have
carefully considered whether the Fitesque class or program is suitable for me when
taking into account all aspects of my medical, physical and mental health and that I have
further acknowledged that any risk to person injury, including death, is my own and that
Fitesque will not be responsible for my personal injury or death as a result of my
participation in any Fitesque class or program. 9. I will take appropriate measures to
ensure the safety of my personal belongings when I attend class and I acknowledge that
Fitesque is in no way responsible for any loss I may suffer with respect to my personal
property. 10. I acknowledge and agree that all photographs, videos or other digital media
that are captured in the course of the dance classes or the musical theatre programs are
or will become the property of Fitesque. 10a. I acknowledge that it my responsibility to
adhere to current COVID-19 government recommended social distancing guidelines. I
will not attend rehearsal, classes or filming events and will notify Fitesque management
if I become unwell with symptoms of fever, cough, sore throat or other flu like symptoms.
I choose to attend at my own risk and acknowledge that Fitesque has no responsibility
over my wellbeing. 11. I acknowledge that I must not use any photograph, video or other
digital media for any purpose without the prior written permission granted by Fitsque
senior management. 12. I hereby grant Fitesque permission to use my likeness in any
photograph, video, or other digital media in any and all of its publications, including web-
based and social media publications, without payment or other consideration. 13. I
hereby irrevocably authorise Fitesque to edit, alter, copy, exhibit, publish, or distribute
these photos for any lawful purpose. In addition, I waive any right to inspect or approve
the finished product wherein my likeness appears. Additionally, I waive any right to
royalties or other compensation arising or related to the use of the photo. 14. I hereby
hold harmless, release, and forever discharge Fitesque from all claims, demands, and
causes of action which I, my heirs, representatives, executors, administrators, or any
other persons acting on my behalf or on behalf of my estate have or may have by
reason of the authorisations in paragraphs 8 – 10 above.. I acknowledge that I have
read and executed the Registration Form as well as this Code of Conduct and Release
Form and that I understand and agree to be bound by all of the terms, rights and
obligations referenced therein. I affirm that I am at least 18 years of age.