Terms and Conditions to the Application for Recognition as a Registered Teaching Facility
1. Definitions and Interpretation
1.1 In these terms and conditions:
"Applicant" means the entity applying to DSA for recognition as a Registered Teaching Facility.
"Application" means the DSA Application for recognition as a Registered Teaching Facility as published by DSA on the DSA Website from time to time.
"Annual Fee" means the annual fee payable by a Registered Teaching Facility for annual registration with DSA and recognition by DSA as a Registered Teaching Facility as published by DSA on the DSA Website from time to time.
"DSA" means DANCESPORT AUSTRALIA LIMITED (ABN 72 085 929 835)
"DSA Website" means www.dancesport.org.au or www.p5000.org
"Dancesport" means the sport of dancing as recognised by the International Olympic Committee.
"GST" means the tax imposed by A New Tax System (Goods and Services Tax) Act 1999 and A New Tax System (Goods and Services Tax) Transition Act 1999 and any related Acts of the Commonwealth of Australia.
"Principal" means the person who is in charge of the Registered Teaching Facility's DanceSport Australia activities. The Principal is required to be a registered member of DSA and be minimum of Level 1 Coaching Accreditation in any style.
"Registered Teaching Facility" means a person or entity that is recognised by DSA from time to time as a Registered Teaching Facility.
"Terms and Conditions" means these terms and conditions;
2. Application of these Terms and Conditions
2.1 Unless otherwise agreed in writing between the Applicant and DSA, these Terms and Conditions apply to the Applicant’s Application and to all dealings between the Applicant and DSA.
2.2 DSA may, at any time, vary the Terms and Conditions at its sole discretion without providing any reason to the Applicant provided that DSA either provides notice of the variation in accordance with these Terms and Conditions or publicises the variation on its the DSA Website and the Applicant shall be bound by the variation from the time at which it receives such notice in accordance with these Terms and Condition or from the time at which the variation is publicised on the DSA website in accordance with this term, whichever occurs first.
2.3 Upon receipt of an Application completed by the Applicant, DSA will consider the Applicant’s Application and shall determine, in its sole discretion, whether to recognise the Applicant as a Registered Teaching Facility.
2.4 DSA may, in its sole discretion, require the Applicant to provide such further documentary or other information as DSA deems is required by DSA in order to properly assess the Applicant’s Application.
2.5 DSA shall inform the Applicant as soon as reasonably practicable as to whether DSA intends to recognise the Applicant as a Registered Teaching Facility.
3. Binding Nature of these Terms and Conditions
3.1 By completing the Application in full or in part, the Applicant has offered and agreed to be bound by these Terms and Conditions and acknowledges that approval by DSA of the Application will create a binding contract between DSA and the Applicant upon these Terms and Conditions.
4.1. The Applicant acknowledges that recognition by DSA of the Applicant as a Registered Teaching Facility is conditional upon the following:
The Applicant at all times holding a policy of insurance which includes a minimum of $1,000,000 public liability insurance; and
The Applicant’s Principal is a fit and proper person in the sole discretion of DSA and holds at all times a current and valid coach accreditation of level 1 or higher with DSA; and
Part of the Applicant’s business is the provision of the service of training or coaching of Dancesports; and
The Applicant and its staff at all times comply with Local, State and Commonwealth laws including, but not limited to, any laws concerning working with children, APRA Licensing, copyright and occupational health and safety.
The Applicant being fit and proper, in the sole discretion of DSA, for recognition by DSA as a Registered Teaching Facility.
The Applicant at all times complying with any Corporate Logo Policy as published by DSA from time to time on the DSA Website.
4.2 The Applicant undertakes to inform DSA immediately in the event that the Applicant is unable or likely to be unable to achieve one or more of the requirements set out in clause 4.1 herein.
5.1. DSA agrees to publish on the DSA Website from time to time the benefits to which DSA will make available from time to time to a Registered Teaching Facility ("Benefits").
5.2. DSA may in its sole discretion amend the Benefits at any time and from time to time by posting notice of the new or amended Benefits on the DSA Website or by removing the obsolete Benefits from the DSA Website.
5.3. For the Avoidance of doubt, the Benefits available to a Registered Teaching Facility at any one point in time will be the Benefits listed on the DSA Website at that point in time.
5.4. DSA may in its sole discretion refuse at any time and for any reason whatsoever, without having to provide a reason, to provide any one or more Benefits to the Registered Teaching Facility.
6.1 The Applicant agrees to notify DSA in writing immediately of any legal proceedings that have been commenced against the Applicant, any change in the ownership of the Applicant or its trading entity, any change in name of the Applicant or trading entity, any material changes in the structure or shareholding of the Applicant, any change in Directors of the Applicant and any appointment of any provisional liquidator, liquidator, receiver, manager or Administrator to the Applicant and any other material changes that are likely to impact upon DSA and the suitability of the Applicant to be recognised by DSA as a Registered Teaching Facility or are likely to affect the Disclosure provided by the Applicant in part 6 of the Application or that are likely to bring DSA into disrepute or cause bad public perception for the sport of Dancesport.
7.1 The Applicant is required to pay the Annual Fee including GST to DSA immediately upon Application of the Registered Teaching Facility and thereafter on the 1st day of January in each year
7.2 The Applicant must abide by any policy or direction issued by DSA for payment of the annual fee from time to time, including the manner of payment.
7.3 The Applicant shall not be treated as having paid for the Annual Fee until such time as cleared funds are received by DSA that equate to the Annual Fee.
7.4 DSA may at any time set-off amounts owed by DSA to the Applicant from any money owing by the Applicant to DSA.
7.5 The Applicant may not at any time without the express written permission of DSA set-off any money it owes to DSA.
8.1 DSA reserves the right to review at any time and without reason the status of the Applicant as a DSA recognised Registered Teaching Facility.
8.2 DSA may conduct its review of the Applicant in accordance with term 8.1 herein on such terms and under such conditions as DSA deems appropriate at the time in its sole discretion and may delegate the review to a sub-committee.
8.3 Following a review in accordance with clause 8.2 of these Terms and Conditions, DSA may in its sole discretion:
require the Applicant or Registered Teaching Facility to attend to any matter or provide any information or documentation that DSA deems in its sole discretion is reasonably required for DSA to recognise or continue to recognise the Applicant or Registered Teaching Facility as a Registered Teaching Facility;
determine at any time and for whatever reason to no longer recognise the Applicant or Registered Teaching Facility as a Registered Teaching Facility, without providing a reason and without providing notice to the Applicant and in such circumstances DSA will not be liable to the Applicant for the return of any part or whole of the Annual Fee or for the continued provision of any Benefits.
9.1 The Applicant warrants that it is solvent.
9.2 The Applicant acknowledges that it has a continuing obligation to ensure that it has the future ability to pay all of its debts as and when they fall due and agrees to provide immediate notification to DSA in the event that it is unable or likely to be unable to meet its debts.
10. Liability and Indemnity
10.1 The Applicant agrees to indemnify DSA against all reasonable costs incurred by DSA in relation to this Application or breach by the Applicant of these Terms and Conditions and including but not limited to enforcement of the Terms and Conditions and actions, claims, proceedings or demands made against DSA for any loss, injury or damage as a result of a breach of the Terms and Conditions by the Applicant.
10.2 The Applicant releases and indemnifies DSA against any loss or damage suffered by the Applicant by reason of these Terms and Conditions, the Benifits, its dealings with DSA and its recognition or non-recognition of the Applicant as a DSA Registered Teaching Facility or by the refusal of DSA to recognise the Applicant as a DSA Registered Teaching Facility.
11. Termination and suspension
11.1 In its sole discretion and without providing any reason, DSA may at any time terminate or suspend the Applicant’s recognition by DSA as a Registered Teaching Facility by notice in writing to the Applicant.
11.2 On the Condition that the Applicant has paid all Annual Fees due and payable to DSA in accordance with these Terms and Conditions, the Applicant or Registered Teaching Facility may at any time elect by notice in writing to DSA to have its recognition by DSA as a Registered Teaching Facility rescinded and, upon receipt of that Notice by DSA in accordance with these Terms and Conditions, the Applicant or Registered Teaching Facility will no longer be bound by these Terms and Conditions and DSA shall immediately rescind the recognition of the Applicant or Registered Teaching Facility as a Registered Teaching Facility.
11.3 In the event that that the Applicant or Registered Teaching Facility exercises its right in accordance with clause 11.2 herein, the Applicant or Registered Teaching Facility will forfeit any Annual Fees already paid to DSA and any Annual Fees that are due and payable to DSA.
12.1 Any notice required to be given or made by or pursuant to this Agreement shall be given or made in writing and signed by the party and shall be posted, faxed or served at the address appearing for the Applicant on the Application form and for DSA on the DSA Website or such other address as the parties shall advise each other from time to time.
12.2 Notices shall be deemed to have been received:
if personally served, at the time of service;
if mailed, on the third business day after date of mailing; and
if sent by facsimile, on the business day the same is dispatched, or if not dispatched on a business day, the next business day following the dispatch.
(a) Either party may change their address or facsimile number by giving notice to that effect to the other party pursuant to the earlier provisions hereof.
13. Force majeure
13.1 DSA will not be liable for any default of these Terms and Conditions that is due to any condition that is outside of the reasonable control of DSA, including but not limited to, flood, fire, storm or industrial action.
14. Governing Law
14.1 These Terms and Conditions are governed by the laws of New South Wales and the parties irrevocably agree to submit all disputes arising between them to the courts or tribunals of New South Wales.
15.1 If any provision of these terms and conditions is deemed invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.2 The terms and conditions herein contain the entire understanding between the parties and supersede all prior communications and no party relies on any representation made to the other.
15.3 The failure of either party to enforce any provisions under the terms and conditions herein will not waive the right of such party thereafter to enforce any such provisions.
15.4 The Applicant may not assign any of its rights, obligations or benefits under the Terms and Conditions without DSA’s express consent in writing.
15.5 The Applicant undertakes to provide immediate notice to DSA of any change in control, directors or partners or shareholders of the Applicant.