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 71 766 455 883) 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
trademarks of The Fitness Cabaret or its related body corporates and protected by the Trademarks Act 1995
(Cth) and other international trademark 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,
trademark, 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.

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 Event. Chairs always remain
the exclusive property of The Fitness Cabaret.

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 Event 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. Should an event be booked outside of the standard time periods, full payment is
required at time of booking.
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 The Fitness Cabaret to provide the services.

Nature of service and Event Host responsibilities

The Fitness Cabaret provides dance workshop services as an independent contractor engaged to attend your
Event. We are not the event host, organiser or venue operator. The Hirer remains solely responsible for all
aspects of the Event outside the provision of our workshop services, including but not limited to:
● Venue selection, hire and management
● Guest invitations, conduct and supervision
● Provision of food, beverages and other entertainment
● Event safety, security and compliance with applicable laws
● Obtaining necessary permits, licences or approvals
● Insurance coverage for the Event and venue
The Hirer acknowledges that The Fitness Cabaret exercises control only over the delivery of our specific
workshop services and has no authority over, or responsibility for, the broader Event activities, guest
behaviour, or venue conditions beyond what is reasonably necessary to safely deliver our services.

Service Delivery Period and Duty of Care

Our duty of care to participants commences upon our instructor’s arrival at the Event location and concludes
upon the instructor’s departure from the venue (“Service Period”).

The Service Period typically encompasses:
● Set up and preparation of Event space and equipment
● Delivery of the dance workshop
● Pack down and removal of our equipment
The estimated duration of the Service Period will be confirmed in your booking confirmation. Our instructor
will note their time of arrival and departure for record purposes.
Our duty of care does not extend to:
● Any period before our instructor arrives at the venue
● Any period after our instructor has departed the venue
● Activities, conduct or incidents occurring outside the designated Event area during the Service
Period
● Protecting intoxicated participants from the consequences (direct or indirect) of their own voluntary
intoxication
● Any aspect of the Event that is not directly related to the delivery of our workshop services

Participant fitness and suitability for physical activity

Participation in The Fitness Cabaret Events involves physical movement ranging from light to moderate
intensity and carries inherent risks, including the risk of injury. All participants take part entirely at their own
risk.

Pre-Event requirements:

You must ensure that all participants:
● Are physically capable of engaging in light to moderate physical activity
● Do not have any medical conditions, injuries or physical limitations that would make participation
unsafe
● Have disclosed any relevant medical conditions, injuries or limitations to The Fitness Cabaret prior to
the Event

Participant assessment:

Our instructors reserve the right to assess participant suitability at the commencement of the Event. Where
an instructor reasonably determines that a participant is not suitable to participate safely, they may:
● Require that participant to sit out or modify their participation
● Delay commencement until conditions are suitable
● Cancel or suspend the Event if safety cannot be assured
Where an Event is cancelled or suspended pursuant to this clause, any refund (whether in whole or in part)
is at the sole discretion of The Fitness Cabaret. Without limiting this discretion, where an Event is suspended
pursuant to this clause, the Deposit will be retained by The Fitness Cabaret to cover administrative costs,
instructor time, and other losses incurred as a result of the suspension.

Intoxication and Impairment:

For participant safety, any person who appears to be intoxicated or under the influence of alcohol or any
substance that may impair coordination, judgment or physical ability may not be permitted to participate in
the Event.
Our instructor has absolute discretion to:
● Refuse participation by any person reasonably assessed to be intoxicated or impaired
● Require modification of participation to ensure safety.

● Suspend or terminate the Event if safety cannot be maintained

Where an Event is delayed, suspended or cancelled under this clause due to participant intoxication or
impairment:
● Delay time may be charged at our standard hourly rate.
● No refund, credit or compensation will be payable
● The Hirer remains liable for payment of the full booking fee
● The Deposit will be retained by The Fitness Cabaret to cover administrative costs, instructor time,
and other losses incurred as a result of the suspension or cancellation.
Where The Fitness Cabaret permits an Event to proceed, in whole or in part, despite having knowledge
(actual or constructive) that the Hirer or any participant is intoxicated or impaired, this does not constitute
an assumption of responsibility or liability by The Fitness Cabaret, nor a waiver of this clause. In such
circumstances, the Hirer acknowledges and agrees that they remain solely responsible for the conduct,
safety, and actions of themselves and all Event participants, and for any direct or consequential loss,
damage, injury, or claim arising directly or indirectly from intoxication or impairment.

Your acknowledgment:

You acknowledge that:
● Participants may consume alcohol before or after our Service Period as part of the broader Event
● We do not seek to control participant behaviour outside the Service Period
● Our concern is limited to ensuring participants can safely engage in physical activity during our Event
● Safety assessment is based on observable behaviour and presentation at the time of the Event.  

Venue safety and conditions

The Hirer is responsible for ensuring that the Event venue and Event area are safe and suitable for the
delivery of our services. This includes ensuring:
● Adequate space for the number of participants and type of Event booked
● A clear, level surface free from hazards, debris or obstacles
● Appropriate lighting and ventilation
● Reasonable access for equipment delivery and set-up
● Compliance with occupational health and safety requirements
Our instructor reserves the right to decline to proceed, or to suspend or terminate services, if the venue or
Event area presents safety concerns that cannot be reasonably addressed. In such circumstances, no refund
will be payable unless The Fitness Cabaret determines otherwise in its sole discretion.

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. If you have
concerns about specific products, please contact us prior to the Event.

Assumption of risk

By booking our services and by participating in our Events, you and all Event guests acknowledge and accept
that:
● Physical activity carries inherent risks including risk of injury
● Injuries can occur even when all reasonable safety measures are taken
● Participation is entirely voluntary and at the participant's 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, except where such loss or
damage arises from our negligence or breach of a guarantee under the Australian Consumer Law that cannot
be excluded.

Force Majeure Events

The Fitness Cabaret will not be liable for any failure or delay in performing its obligations under these Terms
to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means
any event or circumstance beyond the reasonable control of The Fitness Cabaret, including but not limited
to:
● acts of God, natural disasters, fire, flood, storm, earthquake or extreme weather conditions;
● epidemic, pandemic, public health emergency or government-imposed restrictions (including
lockdowns or capacity limits);
● acts of war, terrorism, civil unrest, riot or public disturbance;
● strikes, industrial action or labour disputes;
● failure or interruption of utilities, transport networks, telecommunications, or public infrastructure;
● venue closure, inaccessibility, or evacuation due to safety concerns or directions from authorities; or
● any law, regulation, direction or order of a government authority.

Suspension or Cancellation

Where a Force Majeure Event occurs, The Fitness Cabaret may, acting reasonably:
● suspend performance of the Event for the duration of the Force Majeure Event;
● reschedule the Event to a later date; or
● cancel the Event where performance is no longer reasonably practicable.

Notice and Mitigation

The Fitness Cabaret will use reasonable endeavours to notify the Hirer as soon as practicable of the Force
Majeure Event and to mitigate the effects of the Force Majeure Event where reasonably possible.

Fees and Refunds

Where an Event is cancelled due to a Force Majeure Event, The Fitness Cabaret will provide the Hirer with a
credit or refund of fees paid, less any non-recoverable costs reasonably incurred prior to the cancellation,
unless otherwise required by the Australian Consumer Law.

Limitation of Liability and Indemnity
Scope of our liability:

To the maximum extent permitted by law, we exclude all liability for any loss, damage or injury suffered by
you or any Event guest in connection with:
● The broader Event (as distinct from our Event services)
● Participant conduct before, during or after the Service Period.

● Alcohol consumption or intoxication at any time
● Venue conditions, safety or suitability
● Acts or omissions of Event guests
● Any matter outside our direct control during the Event and Service Period
Where liability cannot be excluded, restricted, limited or modified by operation of statute (including the
Australian Consumer Law or any equivalent legislation), our liability is limited, at its election, to the resupply
of the services or the total cost paid by you for the provision of services.

Your Indemnity:

You agree to indemnify and hold harmless The Fitness Cabaret, its directors, contractors, instructors and
representatives from any claims, demands, losses, damages or expenses (including legal costs) arising from
or in connection with:
● Your booking and hosting of the Event
● The acts or omissions of your Event guests
● Venue conditions or safety issues
● Participant intoxication, impairment or medical conditions
● Any breach of these Terms by you or your Event guests
● Any aspect of the Event outside our provision of Event services
This indemnity does not apply to the extent that any claim arises directly from our negligence or wilful
misconduct.

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.

Online and On-Demand Exercise

These Terms and Conditions (“Terms”) govern access to online and on-demand exercise classes (together, “the Services”) provided by The Fitness Cabaret (“we”, “us” or “our”) to you, the individual subscriber (“you” or “Member”). By activating a free trial, creating an account, accessing any content, or making any payment, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, do not use the Services.

Eligibility and Account Creation

You must be at least 18 years old and have legal capacity to enter into a binding contract under the laws of New South Wales, Australia.

You must create an account using accurate, current and complete information, keep your login credentials confidential, and promptly update any changes. You are responsible for all activity that occurs under your account.

Payment Processing

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.

Last updated: 7/2/2026