CM TERMS & CONDITIONS

By enrolling in a course, the student or the student's parent, caregiver or guardian agrees to the terms and conditions below.

DEFINITIONS:

In order to facilitate the readability of these Terms and Conditions, certain terms have been shortened or otherwise abbreviated for brevity. These terms are:

Adult Student - Student aged 18 or over

CM - Circus Monoxide including it’s staff, trainers, or workshop providers.

Customer - any individual paying for any services or facilities provided by CM or its related entities.

Guardian - Parent, Guardian or Caregiver

Instructor - All inclusive term encompassing both Trainers and Workshop Providers. Off-Site Locations - Locations off the Premises where CM activities are being held. Premises - The CM Facility located at 3/3 Princes Highway, Fairy Meadows NSW, 2519

Student(s) - refers to the student body as a whole, regardless of age.

Trainer - refers to instructors hired by CM

Workshop Provider - refers to any guest artist, guest artistic company, or artist-in-residence who may be providing special classes during a term.

1. Secure your Course

Students are encouraged to enrol and pay in advance to secure their place in the course and avoid the disappointment of missing out. CM cannot reserve places in courses until the student has enrolled and payment has been received. Enrolments usually open 6 weeks before a course starts, details will appear on the CM website. Please note, enrolments are specifically term-based. Enrolment in Term 1 applies to Term 1 only. If you wish to be enrolled in subsequent terms, you must enrol for them separately as they are made available.

2. Course Fees

Course fees are calculated for the entire term and must be paid in full, or by Direct Debit. The course fees cannot be paid on a class by class basis.

3. Payment Options

Payment may be made online through our booking system and paid by internet banking, debit or credit card. You may also pay for classes at the CM reception desk prior to the start of the programme, via credit or debit card within our opening office hours. Direct Debit options can be arranged by contacting cmadmin@circusmonoxide.com.au

4. Late Enrolments

At the discretion of CM, CM may allow students to start a course after it has officially begun. This may only occur if there are spaces available in the class. In this case, before a student attends their first class, the student must pay the full term fee for that term. For child/ youths aerials classes late enrolment can occur within the first three weeks of the term

5. Make-Up classes

1. Students enrolled in CM classes are able to attend a makeup class for a missed class, provided it is taken in the same term as enrolled.
2. Exceptions to this may apply and you must contact CM to organise this as close to the missed class as possible. Classes not used, according to the above terms, will be forfeited, and there will be no refunds.
3. Students doing make-up classes must attend a class which is relevant to the course they are enrolled in. Generally, this make-up class also may not exceed the skill level of the student. For example, an intermediate student can attend a beginner or intermediate level class relevant to their course, but cannot attend an advanced level course. Exceptions may be made, please discuss with the trainer.
4. Make up classes cannot be used for masterclasses, private lessons or special courses.
5. If more than 3 make up classes are taken throughout the term due to sickness and injury only then this may fall into class credit instead.
6. No admin fee currently applies to make up classes.

6. Refunds / Cancellation

• Refunds - Cancellation by Student:
  

1. CM does not issue refunds on classes except in exceptional circumstances. If a student believes their circumstances are exceptional, either the student or representative of the student if the student is unable to make contact, must contact CM as soon as possible but no more than 2 weeks after classes have been missed.
2. Refunds apply from the date the student or representative notifies CM, except in the instance where a medical certificate can be provided. Medical Certificates are able to be back dated to include any classes already missed due to medical reasons. In this case, credit applies from the date of the first class missed that is covered by the medical certificate. ** Partial refunds apply if a course is partially used.
   

• Refunds - Cancellation by Circus Monoxide:

1. If CM is required to cancel a course – for various reasons including, but not limited to, low enrolments, weather conditions, change of venue availability, etc – the student is entitled to a full refund of course or part thereof which was cancelled, if a suitable alternative cannot be arranged (transfer to another class, rescheduled dates, etc). Class credit can also be issued and is valid for twelve (12) months from the start date of the cancelled course.
   

7. Class credit

Class credits may apply in cases where a refund is not granted.

• Students- medical certificate:

1. If a student is unable to attend their course due to medical reasons, and has provided a medical certificate then a pro rata class credit can be issued for twelve (12) months from the date of the medical certificate. Credit not used in this period will be forfeited.
2. Medical Certificates are able to be back dated to include any classes already missed due to the medical reason. In this case, credit applies from the date of the first class missed that is covered by the medical certificate.

• Students – non medical and/or no medical certificate:

1. Students may be granted pro rata class credit from the date they notify CM they are unable to attend. This credit is transferable to the following term only (eg: transfer from term 2 to term 3). If you choose to transfer a credit to the next term, you must notify CM no later than the end of the current term. Maximum period is 3 months in most cases, except from transfers from term 4 to term 1 (due to the extended break). Credit not used in this period will be forfeited.

8. Replacement Trainer/Workshop Provider

If a trainer or workshop coordinator is unavailable for a class, CM will supply a replacement workshop coordinator.

9. Transfer of Class

At the discretion of CM, students may be able to transfer to a different class.

10. Audit a Class

Subject to the CM approval, potential students can come and watch a class to see if they are interested in enrolling in it. Parties interested in auditing a class must arrange this in advance with CM. Note that not all classes are available to be audited.

11. Contact Details - Students

It is the responsibility of the Adult Student or student’s Guardian to ensure CM has their current contact details on file. Contact details must be correct, kept up to date and include, at a minimum:

• Full name of student and guardians (if applicable)
• Address
• phone number
• Email
• Date of birth for students under the age of 18

These details will only be held by Circus Monoxide and will not be passed on to any third parties other than the workshop coordinator, company or other entity running the student's class. See Section 18, Privacy, below.

12. Health, Safety, Injury and Medical Conditions Policies and Procedures

CM takes all practicable steps to ensure the safety of its students, trainers, workshop providers and staff to provide a safe learning environment. By its very nature, circus and body work carry a potential risk of injury or accidents, regardless of adequate precautions. CM is not liable for any consequence of accident or personal injuries sustained, or any loss or damage of personal property, whilst on the premises. The Adult Student or the Student’s Guardian hereby indemnifies Circus Monoxide against any consequence of an accident or any loss, damage or expense of any kind arising from such an injury.

1. CM provides qualified and experienced workshop coordinators, who actively promote safe practice in accordance with the OHS Act 2004 and the Health and Safety at Work Act 2015(NSW) and CM company policies and procedures.
2. It is the responsibility of the Adult Student or the Student’s Guardian to notify CM of any injury or medical condition, whether new or pre-existing, prior to the commencement of any class. CM has no liability in respect of any pre-existing medical condition or injury, whether disclosed or not. The Adult Student or the Student’s Guardian hereby indemnifies Circus Monoxide against any loss, damage or expense or any consequence of an accident, injury or pre-existing medical condition.
3. A First Aid Kit is available at CM kitchen area. CM employees are not legally allowed to provide anyone with medication of any kind, OTC or prescribed without prior written approval from the student or student’s parent, guardian .
4. CM students are under supervision while classes are in session only. CM cannot be responsible for the supervision of students outside their allocated class time. CM also cannot be responsible for safety or supervision of siblings or other people on premises outside of a class.

13. Complaints Policy

1. CM is proud of the quality of its classes and trainers. If you have any complaints or concerns, we encourage you to raise it with us at the earliest opportunity. We assure you of a careful and sympathetic listening to your concerns.
2. Please send any complaints or concerns to cmadmin@circusmonoxide.com.au or contact us directly by calling (02) 4285 0066.

14. Photography or Filming

From time to time, photographs and video may be taken on our premises. By participating in activities at Circus Monoxide, you consent to you and your child’s images being used to promote Circus Monoxide, both online and in print, in perpetuity.

If you do not wish to be photographed please email cmadmin@circusmonoxide.com.au stating both your name and your child's name.

15. Intellectual Property

Copyright and other intellectual property rights in choreography, plays, songs and other works created and used in classes and performances remain the artistic and intellectual property of CM and/or the Trainer or Workshop Provider. These works must not be copied. Reproduced, sold or used in any way without prior written permission of the Trainer or Workshop Provider involved and Circus Monoxide.

16. Code of Conduct

By enrolling, all students and Guardians promise to adhere to the CM Visitor Code of Conduct set out in Section 21 of these Terms and Conditions. In the case of a breach CM reserves the right to call local law enforcement, remove the offending person from the premises, cancel the enrolment or do anything else that may be reasonable in the circumstances.

17. Drop off and Pick ups

• Authorised and Prohibited Person(s):
  

1. For the safety of all Students, CM requires that we be informed in advance of individuals other than the Guardian who are authorised by the Guardian to drop off or pick up a Student. This notification must be provided to CM in writing (email is acceptable).
2. In addition, if there are individuals who are specifically not authorised by the Guardian to pick up the Student, CM must be notified in writing by email and this information must be included in the safety form.

• Where a Guardian is dropping a Student off for a class, or picking a Student up after class, the Guardian agrees to do so promptly so that the Student is not waiting either before or after class for any period that is longer than 15 minutes.
• In the case of any Student that is 10 years of age or under, the Guardian must wait with the Student until the class starts and pick up the Student immediately upon the class finishing. We prefer that Guardians are at the Premises to pick up their Student prior to the finish time of their class
• Late policy: Students will not be allowed to participate in the class if they are more than 10 minutes late as they will have missed the appropriate warm-up time to participate safely.  If you will be less than 10 minutes late, we ask that you give us a call so we can inform the Trainer.

18. Privacy Act

For safety reasons, CM is required to collect certain personal information about all Students and Guardians at the time of enrolment and at other times throughout the course of the term as required. Pursuant to the Privacy Act 1988 (“the Act”) you are entitled to have access to and request correction of this information.

For more details visit www.oaic.gov.au/privacy/the-privacy.‍

All information is held at the premises at 3/3 Princes Hwy, Fairy Meadows, NSW 2015. Class enrolment details, being Student and Guardian names and contact details only, are provided to the Trainer or Workshop Provider.

19. Child Protection Policy

CM is fully committed to the safety, security and well-being of all children in its care whilst participating in CM activities. We are working towards having our child safe policies on our website and in the meantime please contact us if you would like to see our child safe policies and procedures.

20. Amendments to Terms and Conditions

CM may amend these terms and conditions from time to time and at its complete discretion. It is the responsibility of the Adult Student or the Student’s Guardian to review these terms and conditions prior to the start of each term or course.

21. Circus Monoxide - Visitor Code of Conduct

• Acceptable Behaviour
  

Compliance with the rules, policies and procedures contained in this Code constitutes a requirement of entering, visiting or using all or any part of the Circus Monoxide venue including its grounds and car park. All visitors are expected to:

1. exercise expected and decent standards of behaviour;
2. demonstrate courtesy and respect for other visitors, CM staff and students;
3. comply with all laws, reasonable instructions, and CM policies and procedures; and
4. maintain appropriate standards of attire for physical activities, active-wear with no accessories including jewellry, stud decoration.
5. cell phones must be turned off or in silent mode during class time.
6. no gum is permitted in the venue
7. bring your own water bottle, gym towels
8. follow our COVID Safe plan and keep good hygiene manners. Due to the changing nature of the COVID situation in Australia and Globally, be aware that COVID related policies may change with little or no notice in accordance with state and federal guidelines.

• Unacceptable Behaviour
  

CM regards the following as unacceptable behaviours while in attendance at the Premises or at Off-Site Premises:

1. physically abusing, fighting or threatening another person;
2. irresponsible or unacceptable behaviour including obscene language that could cause offence;
3. causing injury or endangering the safety of themselves, employees, students or their friends or families, contractors or the public including (but not limited to) failing to properly use equipment, or failing to report any accident or near accident;
4. irresponsible or unauthorised use of fire prevention or safety equipment, or other CM property;
5. driving near the Premises or Off-Site Premises, or in adjacent car parks, at a speed exceeding the speed limit, or in a dangerous or careless manner;
6. committing any act that results in wastage and/or damage to property;
7. unauthorised possession, use, or removal from the Premises or Off-Site Premises of any CM property or property belonging to another person;
8. falsifying any records submitted to CM or other acts of dishonesty;
9. unauthorised consumption of alcohol or drugs at the Premises or Off-Site Premises, or being, in the opinion of Circus Monoxide, affected by alcohol or drugs;

10. possession of illegal drugs;

11.serious harassment of any person while on the Premises or Off-Site Premises;

12. conduct which could seriously damage the reputation of an individual or CM;

13. smoking in a smoke free area;

14. consuming food and beverage outside of the designated area within the premises and

15. any other actions deemed to be of a sufficiently serious nature that has or could seriously affect the operations of CM.