TERMS & CONDITIONS

 

Legal agreement

The following Terms & Conditions (“Terms”), together with our Privacy Policy (located at https://thefitnesscabaret.com/privacy-policy/) are the complete terms of a legal agreement between the hirer (referred
to in these terms as “you” and the “Hirer”) and The Fitness Cabaret (ABN 71766455883) and related
entities (referred to in these terms as “The Fitness Cabaret”, “we”, “us”, and “our”) in relation to
your access to and use of this website. By submitting an enquiry, making a booking, or attending a
The Fitness Cabaret event (“Event”), or by accessing, browsing, or using this website, you
acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not
agree to these Terms, do not use this website.

Variation

The Fitness Cabaret may alter these Terms from time to time by posting the varied version on this
website. You should review any varied Terms posted on this website regularly to keep up to date
with any variations. If at any time you choose not to accept these Terms, you should not use our
Site. Your continued use of our Site is deemed acceptance of any modifications or amendment of
these Terms. You may also accept these terms where you click ‘Agree’ or ‘Accept’ or ‘Buy’ or ‘Book’
where such an option is made available to you.

Separate Service Agreements

Where you have made a booking, paid an invoice, and entered into a separate agreement or service
contract with The Fitness Cabaret (“Service Agreement”), the terms of that Service Agreement will
prevail to the extent of any inconsistency with these Terms, in relation to the provision of services.

However, these Terms will continue to apply at all times to your use of the website, including any
online enquiries, bookings, payments or communications made through the website.

Intellectual property

Material and content displayed on or comprised by this website including text, graphics, logos,
button icons, images, the website layout and software is subject to copyright owned by The Fitness
Cabaret or its suppliers. That material and content is protected by the Copyright Act 1968 (Cth) and
other international copyright laws. Brands, names, images and logos displayed on the website may
be the subject of registered trade marks of The Fitness Cabaret or its related body corporates and
protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may
access, display, download and print portions of the website only for personal non-commercial use or

for good faith commercial dealings with The Fitness Cabaret, and subject to these Terms. This
permission is subject to you not modifying or republishing the content displayed on this site, keeping
intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or
express exceptions displayed on the website. Any other use of material on this website including the
reproduction, modification, distribution, transmission, re-publication or display of the content on
this site is strictly prohibited.

Information on the website

Information on this website may or may not change from time to time. The Fitness Cabaret does not
represent or warrant that the information will be correct, current or complete. This website may
contain technical inaccuracies or typographical errors.

Viruses

You are solely responsible for protecting your computer from malicious or destructive content and
programs such as viruses, worms and Trojans, and to protect your information as you deem
appropriate.

Use of this website

You agree to comply with all domestic and international laws applicable to your use of this website.
Without limitation, you agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of this website, including by uploading or transmitting through the
website any viruses, worms, trojans or other potentially destructive programs designed to interfere
with, interrupt or disrupt the normal operating procedures of this website or any computer. You
must not post on this website any material that is abusive, defamatory, obscene, contrary to law or
to the rights of any party. The Fitness Cabaret may block or delete from this website any material
you post that The Fitness Cabaret decides contravenes those requirements. You must not
impersonate or misappropriate the identity of another person. Use of this website in contravention
of these Terms may result in you being banned from the website and being liable to The Fitness
Cabaret for breach of contract and/or infringing applicable law.

Disclaimer

The Fitness Cabaret does not represent or warrant that the functions within this website will be
uninterrupted or error-free or that the website or the server that makes this website available is free
of viruses or other harmful elements.

Limitation of liability

Nothing in these Terms and Conditions is intended to exclude, restrict, or modify rights which you
may have under any law (including the Australian Consumer Law (ACL), and consumer guarantees
relating to goods or services under the ACL) which may not be excluded, restricted or modified by
agreement.

Privacy

Your privacy is important to The Fitness Cabaret. By providing your details to The Fitness Cabaret via
the website, you consent to The Fitness Cabaret maintaining, recording, holding and using that
information to process orders, process payments, to improve service to customers and to inform you
of promotions. Further information about the collection and use of your personal information is
contained in our Privacy Policy (located at https://thefitnesscabaret.com/privacy-policy/).

Eligibility and Authority

By using this website or booking services, you warrant that you are at least 18 years of age and have
the legal capacity and authority to enter into binding agreements.

Pricing and Location

All prices quoted on the website apply only to Events held within the Sydney Metropolitan Area.
Events held outside the Sydney Metropolitan Area are subject to availability and additional travel or
logistical costs decided on a case-by-case basis and at the sole discretion of The Fitness Cabaret. For
non-Sydney Metropolitan locations, a custom quote must be obtained by contacting us directly.

All prices are stated in Australian dollars unless otherwise specified and are subject to change
without notice, except for confirmed bookings.

Minimum Guest Numbers

All party packages are subject to a minimum of eight (8) guests. Where fewer guests attend than the
minimum number, the full minimum charge will still apply.

Chair Hire

Cabaret chairs may be supplied for Bombshell themes for a flat fee of two-hundred dollars ($200)
for up to fifteen (15) chairs (“Chair Hire”). Chair Hire is applicable to Sydney Metro Events only. 

Chair Hire includes delivery, set-up, pack-down and hire for the duration of the workshop. Chairs remain
the exclusive property of The Fitness Cabaret at all times.

Property, Props and Damage

As part of our services, we may supply dance props and accessories relevant to the selected theme.
These items are provided solely for use during the workshop and remain our property at all times.

You, and all Event guests, accept full responsibility for any loss, theft, damage or misuse of our
property caused by you or your Event guests. We reserve the right to seek payment for repair or
replacement costs, including where damage exceeds the amount of the holding fee.

Booking Deposit and Holding Fee

A non-negotiable booking deposit of two-hundred dollars ($200.00) (“Deposit”) is payable at the
time of booking to secure the selected date and time. This Deposit acts as a holding fee and confirms
your reservation.

Provided no loss, damage or non-return of any items or property owned by The Fitness Cabaret
occurs during or in connection with the Event, including any loss or damage caused by the Hirer, any
Event guest, or arising from any act or omission reasonably within the Hirer’s or guests’ control, the
holding fee will be refunded in full within seven (7) days following the party date.

Where any items or property owned by The Fitness Cabaret are lost, damaged or not returned as a
result of the acts or omissions of the Hirer, Event guests, or any other person attending the Event,
the cost of repair or replacement will be deducted from the holding fee. Any remaining balance will
then be refunded. If the cost of repair or replacement exceeds the holding fee, you remain liable for
the shortfall and must pay the outstanding amount on demand.

Cancellations

Cancellations made within fourteen (14) days of the booked Event date will result in forfeiture of the
Deposit. Cancellations made earlier than this may be eligible for a refund of the Deposit at our sole
discretion, less any administrative or third-party costs incurred.

Balance Payment

An invoice for the remaining balance, including any applicable Chair Hire or additional services, will
be issued eight (8) weeks prior to the Event date. Full payment of the balance is required no later
than six (6) weeks prior to the Event date.

Failure to pay the balance by the due date may result in cancellation of the booking without refund
of the Deposit and without any obligation on us to provide the services.

Assumption of Risk and Physical Activity Disclaimer

Participation in The Fitness Cabaret workshops and services involves physical movement and carries
inherent risks, including the risk of injury. All participants take part entirely at their own risk. To the
fullest extent permitted by law, you and all party guests waive any right to claim damages,
compensation or losses arising from participation in our Events or services.

You warrant that all participants are physically capable of engaging in light to moderate physical
activity and that any injuries, medical conditions or limitations are disclosed prior to the Event.

Gifts, Products and Allergies

Some party packages may include gift bags or products such as makeup items, body lotions, teas,
chocolates or temporary tattoos. We do not manufacture these products and make no warranties
regarding their safety, suitability or allergen content. To the fullest extent permitted by law, The
Fitness Cabaret accepts no responsibility for any adverse reactions, allergies or sensitivities arising
from the use or consumption of such products, nor does The Fitness Cabaret accept any liability for
any loss, (economic or otherwise), injury, or damage arising from the use or consumption of such
products. Participants are responsible for assessing their own allergies and sensitivities prior to use.

Alcohol, Intoxication and Safety

Alcohol consumption is strictly prohibited during the provision of The Fitness Cabaret’s services,
including during any workshop, set-up or pack-down period (“Event”). The hirer is responsible for
ensuring that all event guests comply with this requirement. Any person found to be consuming
alcohol during the Event, or reasonably suspected by The Fitness Cabaret to be doing so, may be
required to immediately cease participation and leave the Event area.

For safety and risk management reasons, any person who is, in the reasonable opinion of The Fitness
Cabaret, intoxicated or under the influence of alcohol or any substance that may impair
coordination, judgment or physical ability is not permitted to participate in the Event or the services.
The Fitness Cabaret reserves the absolute discretion to refuse participation, require removal of any
such person from the Event, or to immediately suspend or cancel the Event in whole or in part.
Where an Event is suspended or cancelled under this clause, no refund, credit or compensation will
be payable.

The hirer acknowledges and agrees that any loss, damage, injury or death arising directly or
indirectly from alcohol consumption or intoxication of the hirer or any Event guest, including
damage to property, personal injury or injury to third parties, is the sole responsibility of the hirer
and the Event guests. To the fullest extent permitted by law, The Fitness Cabaret excludes all liability
for any direct, indirect or consequential loss, damage or injury arising in connection with alcohol
consumption or intoxication at or in connection with the Event.

The hirer indemnifies The Fitness Cabaret against any claims, demands, losses, damages or expenses
arising from or in connection with any breach of this clause by the hirer or any Event guest.

The Fitness Cabaret’s exercise of its rights under this clause is without prejudice to any other rights
or remedies available to it under these Terms, at law or in equity.

Limitation of Liability

To the maximum extent permitted by law, we exclude all liability for any loss, damage or injury,
however caused, suffered by you or any Event guest in connection with the website or our services,
whether arising in contract, tort, statute or otherwise.

Where liability cannot be excluded under the Australian Consumer Law, our liability is limited to the
total cost paid by you for the provision of services by the Fitness Cabaret.

Indemnity

You agree to indemnify and hold harmless The Fitness Cabaret, its directors, contractors, instructors
and representatives from any claims, demands, losses or damages arising from your booking, your
use of the website, or the actions of your guests.

Severability

If any provision of these Terms & Conditions is held to be invalid or unenforceable, that provision
will be severed and the remaining provisions will continue in full force and effect.

Applicable law

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-
exclusive jurisdiction of the courts of New South Wales and its appellate courts.