RTF Terms and Conditions

Terms and Conditions to the Application for Recognition as a Registered Training Facility

 

1. Definitions and Interpretation

1.1 In these terms and conditions:

  1. "Applicant" means the entity applying to DSA for recognition as a Registered Training Facility.

  2. "Application" means the DSA Application for recognition as a Registered Training Facility as published by DSA on the DSA Website from time to time.

  3. "DSA" means DANCESPORT AUSTRALIA LIMITED (ABN 72 085 929 835)

  4. "DSA Website" means www.dancesport.org.au

  5. "Dancesport" means the sport of dancing as recognised by the International Olympic Committee.

  6. "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.

  7. "Principal" means the person who is in charge of the Registered Training Facility and is required to be a registered member of DSA.

  8. "Registered Training Facility" means a person or entity that is recognised by DSA from time to time as a Registered Training Facility but may be a studio, university, club, school, business or individual.

  9. "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 the DSA Website, and the Applicant shall be bound by the variation from the time at which it receives such notice or from the time the variation is publicised on the DSA Website, 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 Training 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 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 Training 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. Disclosure

4.1 The Applicant acknowledges that recognition by DSA of the Applicant as a Registered Training Facility is conditional upon the following:

  1. The Applicant at all times holding a policy of insurance which includes a minimum of $10,000,000 public liability insurance.

  2. The Applicant's Principal is a fit and proper person in the sole discretion of DSA and holds at all times a coaching qualification from a recognised national or international dance body acceptable to DSA.

  3. Part of the Applicant's business is the provision of the service of training in competitive DanceSport.

  4. 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.

  5. The Applicant being fit and proper, in the sole discretion of DSA, for recognition by DSA as a Registered Training Facility.

  6. The Applicant at all times complying with any Corporate Logo Policy and Style Guide 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. Benefits

5.1 DSA agrees to publish on the DSA Website from time to time the benefits which DSA will make available to a Registered Training 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 obsolete Benefits from the DSA Website.

5.3 For the avoidance of doubt, the Benefits available to a Registered Training 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 and without having to provide a reason, to provide any one or more Benefits to the Registered Training Facility.

 

6. Notification

6.1 The Applicant agrees to notify DSA in writing immediately of any legal proceedings commenced against the Applicant, any change in ownership of the Applicant or its trading entity, any change of 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, any appointment of a provisional liquidator, liquidator, receiver, manager or Administrator to the Applicant, and any other material changes likely to impact upon DSA and the suitability of the Applicant to be recognised as a Registered Training Facility, likely to affect the Disclosure provided by the Applicant, or likely to bring DSA into disrepute or cause bad public perception for the sport of Dancesport.

 

7. Recognition

7.1 DSA reserves the right to review at any time and without reason the status of the Applicant as a DSA recognised Registered Training Facility.

7.2 DSA may conduct its review of the Applicant in accordance with clause 7.1 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.

7.3 Following a review in accordance with clause 7.2, DSA may in its sole discretion:

  1. require the Applicant or Registered Training 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 Training Facility as a Registered Training Facility;

  2. determine at any time and for whatever reason to no longer recognise the Applicant or Registered Training Facility as a Registered Training 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 continued provision of any Benefits.

 

8. Solvency

8.1 The Applicant warrants that it is solvent.

8.2 The Applicant acknowledges that it has a continuing obligation to ensure 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 it is unable, or likely to be unable, to meet its debts.

 

9. Liability and Indemnity

9.1 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, 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.

9.2 The Applicant releases and indemnifies DSA against any loss or damage suffered by the Applicant by reason of these Terms and Conditions, the Benefits, its dealings with DSA, and its recognition or non-recognition as a DSA Registered Training Facility, or by the refusal of DSA to recognise the Applicant as a DSA Registered Training Facility.

 

10. Termination and Suspension

10.1 In its sole discretion and without providing any reason, DSA may at any time terminate or suspend the Applicant's recognition as a Registered Training Facility by notice in writing to the Applicant.

10.2 The Applicant or Registered Training Facility may at any time elect, by notice in writing to DSA, to have its recognition as a Registered Training Facility rescinded, and upon receipt of that notice DSA shall immediately rescind that recognition.

 

11. Notice

11.1 Any notice required to be given under this Agreement shall be given in writing, signed by the party, and 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 advise from time to time.

11.2 Notices shall be deemed to have been received:

  1. if personally served, at the time of service;

  2. if mailed, on the third business day after the date of mailing; and

  3. if sent by facsimile, on the business day dispatched, or if not dispatched on a business day, the next business day following dispatch.

(a) Either party may change their address or facsimile number by giving notice to the other party in accordance with the above.

 

12. Force Majeure

12.1 DSA will not be liable for any default of these Terms and Conditions due to any condition outside DSA's reasonable control, including but not limited to flood, fire, storm or industrial action.

 

13. Governing Law

13.1 These Terms and Conditions are governed by the laws of New South Wales, and the parties irrevocably agree to submit all disputes to the courts or tribunals of New South Wales.

 

14. General

14.1 If any provision of these terms and conditions is deemed invalid, void, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

14.2 These terms and conditions contain the entire understanding between the parties and supersede all prior communications, and no party relies on any representation made to the other.

14.3 The failure of either party to enforce any provision will not waive that party's right to enforce it thereafter.

14.4 The Applicant may not assign any of its rights, obligations or benefits under these Terms and Conditions without DSA's express written consent.

14.5 The Applicant undertakes to provide immediate notice to DSA of any change in control, directors, partners or shareholders of the Applicant.