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Terms & Conditions

By enrolling in a class at TAPAC or hiring our studios or theatre, you agree to abide by these terms and conditions.

 

TERMS & CONDITIONS OF ENROLMENT

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

1. Secure your Course

Students are encouraged to enrol and pay in advance to secure their place on the course and avoid disappointment. TAPAC cannot reserve places on courses until the student has enrolled and the full payment has been received.
Enrolments usually open 5-6 weeks before a course starts. Details will appear on the TAPAC website. (We have noticed some of our regular students may assume that they are automatically enrolled for the next term, but this is not the case, so please make sure that you enrol for each term.)

2. Course Fees

Course fees are calculated for the entire term and must be paid in full by the first day of the term or earlier. The course fees cannot be paid on a class by class basis.

3. Late Enrolments

Tutors and TAPAC may allow students to start the course after it has started. This may only occur if there are spaces available in the class mentioned, and at the full discretion of the tutor and TAPAC. In this case, before a student attends their first class, students must pay the full term fee for that term. Any late enrolments are charged an administration fee of $20.

4. Discounts and Refunds

There is no discount or refund for any missed classes during the term (eg. if the student is sick or away) or withdrawal from the course once the term has started.

5. Statutory Holidays

All statutory holidays are observed, so no classes will be held on those days. If a class falls on a statutory holiday, there are no make-up classes. Statutory holidays are not included in the course fee.

6. Replacement Tutor

If a tutor is unavailable for a class (for example if the tutor is sick) that tutor will supply a replacement tutor. All tutors, including any replacements, are vetted by TAPAC.

7. Transfer of Class

At TAPAC’s discretion, students may be able to transfer to a different class, but a $20 transfer fee will apply, to cover TAPAC’s administration costs.

8. Watch a Class

Subject to the tutor's approval, potential students can come and watch a class to see if they are interested in enrolling in it. If they like it, they can then commit to the timetable for the full term of the course. Please discuss this with our staff first as this is not available for some classes.

9. Class Cancellation

In the rare event a tutor has to cancel the full term course, students will receive a refund, may transfer to another term or potentially transfer to another course (if available). No transfer fee is payable in this situation. The student may select which option they prefer.

TAPAC may, at its complete discretion, at any stage prior to or during a holiday or term programme cancel any programme if TAPAC considers the number of enrolled participants is too low. In this event, TAPAC will refund any remaining course fees for any cancelled programme that may be due to the participants, less the fees for any part of the programme or classes already attended.

In the event that a class is cancelled, TAPAC will, at its complete discretion, provide a make-up class or refund.

10. Payment Options

Payment may be made online by internet banking and credit card. You may also pay for classes at the TAPAC reception desk prior to the start of the programme.

11. Your Contact Details

It is the responsibility of the student (if over 18 years) or student’s parent, caregiver or guardian to ensure the TAPAC tutor for the student’s class and TAPAC reception have your current contact details. Please ensure the contact details are correct, kept up to date and include: full name, address, phone number and email, and date of birth for students under the age of 18. These details will only be held by TAPAC and will not be passed on to any third parties other than the TAPAC tutor, company or other entity running the student’s class, or as required by legislation.

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

12.1 TAPAC takes all practicable steps to ensure the safety of its students, tutors and employees to provide a safe learning environment, but please note that dance, circus and body work by their very nature carry a potential risk of injury or accidents despite adequate precautions. TAPAC is not liable for personal injuries sustained or any loss or damage of personal property whilst on the premises.

12.2 TAPAC provides qualified and experienced tutors, who actively promote safe practice in accordance with the Health and Safety at Work Act 2015 and TAPAC policies and procedures.

12.3 It is the students or student’s parent, caregiver's or guardian’s responsibility to notify their tutor of any injury or medical condition prior to class. TAPAC has no liability in respect of any pre-existing medical condition or injury whether disclosed or not. The student or student's parent, caregiver or guardian indemnifies TAPAC against any loss, damage or expense of any kind arising from such an injury or pre-existing medical condition.

12.4 A first aid kit is available at TAPAC reception. We do not provide anyone with Panadol or equivalent, nor do we administer students’ medication.

12.5 TAPAC Performing Arts Programme students are under supervision while in class time only. Tutors and TAPAC staff cannot be responsible for supervision of students outside their allocated class time.

13. Complaints Policy

13.1 TAPAC is proud of the quality of its classes and its tutors. If you have any complaint or concern, we encourage you to raise it with us at the earliest opportunity. We assure you of a careful and sympathetic listening to your concerns.

13.2 Please send any complaints or concerns to [email protected]

14. Photography or Filming

14.1 By enrolling in the course the student and the student's parent, guardian or caregiver agrees that TAPAC has the right, at any time whilst the student or the student's parent, guardian or caregiver are on TAPAC premises or grounds to record, photograph or film the student or the student's parent, guardian or caregiver including, without limitation, during the course or class provided such recording, photography or film is only used by TAPAC for publicity, promotional, educational or funding purposes of TAPAC or any of its activities. The student and the student’s parent, guardian or caregiver authorises TAPAC to transmit, distribute, exhibit, license and use the photographs (or any reproductions or adaptations of the images) and/or recording (or any part) on any media in perpetuity. It is also understood and agreed that the student and/or the student’s parent, guardian or caregiver will not receive any payment for these photographs and/or recordings.

14.2 Any filming, recording or photographing by students of any other person at TAPAC including, without limitation, other students within their class must be done with that person's or persons' express permission and may only be used for personal purposes. Any such footage or images must not be posted online or reproduced publicly, or shared with anybody else, or used for any commercial purposes, without the specific written permission of the person(s) in the film, photograph or recording.

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 TAPAC and/or the tutors. These works must not be copied or reproduced or used without prior written permission of the tutor involved and TAPAC.

16. Code of Conduct

By enrolling, the student and their parent, caregiver or guardian agree to adhere to the TAPAC Visitor Code of Conduct set out at the end of these terms and conditions. In the case of a breach TAPAC reserves the right to call security, 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

17.1 Where the student's parent, caregiver or guardian is dropping the student off prior to class or picking up after class, they agree 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.

17.2 In the case of any student that is 10 years of age or under, the student's parent, caregiver or guardian must wait with the student until the class starts and pick up the student immediately upon the class finishing, and, if the student is young, supervise them during any visits to the toilet.

18. Privacy Act

18.1 TAPAC collects personal information about students (and parents/caregivers of students under 18 years old) when you enrol for a course. For more details visit www.tapac.org.nz/Privacy

18.2 All information is held at the TAPAC premises at 100 Motions Road, Western Springs, Auckland. Class enrolment details, being names and contact details only, are provided to the class tutor or relevant company or other entity running the classes.

18.3 Under the Privacy Act 1993 you are entitled to have access to, and request correction of this information.

19. Amendments to Terms and Conditions

TAPAC may amend these terms and conditions from time to time at its complete discretion. The student and the student's parent, caregiver or guardian agree to review these terms and conditions prior to the start of each term or course.

TAPAC VISITOR CODE OF CONDUCT

1.     Code of conduct

1.1  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 TAPAC venue including its grounds and car park.
1.2  All visitors are expected to:
(a)   exercise expected and decent standards of behaviour;
(b)   demonstrate courtesy and respect for other visitors, TAPAC staff and students;
(c)   comply with all laws, reasonable instructions, and TAPAC policies and procedures; and
(d)   maintain appropriate standards of attire.

2. Visitor Rules

2.1 All visitors to TAPAC are expected to follow our in-house rules:
(a) no stilettos or shoes that may damage the studio floors are to be worn in the studios;
(b) no rosin, or shoes with rosin on them, to be worn in studios;
(c) no talcum powder, or other oil based products to be used in studio or on props that may contaminate the floor;
(d) no food or drink, other than bottled water, in studios;
(e) no gum in the studios;
(f) keep studio entrances clear from obstructions including shoes and bags;
(g) only use sound system and the blinds with consent and instruction;
(h) turn off sound system when leaving the studios;
(i) please leave studios as you find them -- remove all belongings and rubbish from studios;
(j) please be mindful of noise levels that may impact on other studios or parts of the venue;
(k) please respectful and considerate of the venue and fellow occupants;
(m) please report any damage you cause or notice to TAPAC front reception;
(n) TAPAC takes no responsibility for personal belongings;
(o) please promptly report any safety concern, accidents or injury to TAPAC front reception and your teacher or group leader; and

3.     Unacceptable Behaviour

3.1  TAPAC regards the following as unacceptable behaviours:
(a)   physically abusing, fighting or threatening another person while on TAPAC premises;
(b)   irresponsible or unacceptable behaviour including obscene language that could cause offence;
(c)   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;
(d)   irresponsible or unauthorised use of fire prevention or safety equipment, or other TAPAC property;
(e)   driving near TAPAC or in the car park at a speed exceeding the speed limit, or in a dangerous or careless manner;
(f)    committing any act that results in wastage and/or damage to property;
(g)   unauthorised possession, use, or removal from TAPAC premises or movement of any TAPAC property or property belonging to another person;
(h)   falsifying any records submitted to TAPAC or other acts of dishonesty;
(i)     unauthorised consumption of alcohol or drugs at TAPAC, or being, in the opinion of TAPAC, affected by alcohol or drugs;
(j)     possession of illegal drugs;
(k)   serious harassment of any person while on TAPAC premises or business;
(l)     conduct which could seriously damage the reputation of an individual or TAPAC;
(m)  smoking in a smoke free area;
(n)   consuming food and beverage in the studios or theatre; and
(o)   any other actions deemed to be of a sufficiently serious nature that has or could seriously affect the operations of TAPAC.

TAPAC STUDIO HIRE TERMS AND CONDITIONS

1. INTRODUCTION

1.1 These terms and conditions set out the rules upon which you (“you”) agree to use and hire a TAPAC studio (‘Studio”) operated by The Auckland Performing Arts Centre at Western Springs Incorporated, a registered charitable trust, of 100 Motions Road, Western Springs, Auckland (“TAPAC”).

1.2 You agree to be bound by and adhere to these studio hire terms and conditions (“Rules”).

1.3 You may also sign a short-form contract setting out when you require use of a Studio and the rate you agree to pay for the Studio hire.

1.4 By using any Studio, you agree to these Rules, irrespective of whether you have signed a short-form contract referred to in 1.3 above.

1.5 If you don’t agree to these Rules, don’t use a Studio or the TAPAC venue.

2. DEFINITIONS AND INTEPRETATION

2.1 Unless the context requires otherwise, in these Rules:

Booking means a request by you to hire the Studio for the Hire Period.

Code means the code of conduct specified in Schedule C.

Confirmed Booking means a Booking where you have paid the Deposit or the Total Hire Fee, as requested by TAPAC.

Default Interest Rate means the current Kiwibank standard variable home loan rate plus 3%.

Deposit means the non-refundable deposit (plus GST) that TAPAC may request from you.

Due Date means the date any Payment is due.

GST means the goods and services tax chargeable under the Goods and Services Tax Act 1985.

Hire Period means the total hours and dates you will hire the Studio.

Hourly Rate means the applicable current hourly rate (plus GST) charged by TAPAC for the Studio.

Payment means any payment (plus GST) that is payable by you to TAPAC.

Person Under Your Control means any person or persons associated with you during the Hire Period who enter the Venue including, without limitation, your student, or your student's friend, caregiver or family member.

Rules means these rules and the schedules A, B and C.

Studio means any studio, studios or other areas of the Venue used by you.

Total Hire Fee means the sum of the Total Hours multiplied by the Hourly Rate (plus GST) to be paid by you to TAPAC over the Hire Period.

Total Hours means total hours you hire the Studio.

Venue means all internal and external areas of TAPAC including the car park and surrounding grounds.

You means you and includes any person acting on behalf of or with your authority.

2.2 In these Rules unless the contrary intention appears:

(a) the singular includes the plural and vice versa; and

(b) a reference to you includes a person, company, trust or partnership.

3. WARRANTIES

3.1 You warrant that:

(a) you are an individual able to enter into a contract or a legal entity;

(b) the Studio will only be used for the purpose you have advised TAPAC and an approved activity; and

(c) you have read and understand these Rules.

4. YOUR OBLIGATIONS

4.1 You will:

(a) if requested, provide TAPAC with proof of your legal entity;

(b) ensure you have appropriate and adequate insurance in place for the purpose of hire and will provide TAPAC with proof of such insurance if requested to do so;

(a) make the Payments on the Due Date and pay any other amounts under these Rules as and when they fall due;

(b) strictly adhere to the Hire Period and you agree that failure to do so will incur additional charges;

(c) treat TAPAC's premises and equipment with all reasonable care and will reimburse TAPAC for any damage inflicted on TAPAC's premises or equipment as a result of your negligence or recklessness or that of any Person Under Your Control;

(d) comply with any lawful directions TAPAC may give;

(e) keep noise to an acceptable level at all times;

(f) comply with the code of conduct specified in Schedule C ("Code");

(g) comply with the terms and conditions of these Rules;

(h) work co-operatively with TAPAC’s management, staff and other employees;

(i) comply with the Health and Safety requirements in the Health and Safety at Work Act 2015 and TAPAC’s health and safety policies and procedures and will ensure that all Persons Under Your Control do the same;

(j) ensure the health and safety of all Persons Under Your Control in accordance with the Health and Safety at Work Act 2015 and TAPAC's health and safety policies and procedures;

(k) operate any equipment including, without limitation, any sound, lighting or projection equipment in a manner that is in accordance with the Health and Safety at Work Act 2015;

(l) undertake the TAPAC induction to the Venue prior to the start of the Hire Period and take responsibility for familiarising yourself with the Venue’s evacuation procedure in case of fire;

(m) ensure that the Studio's exits remain free and clear at all times during the Hire Period;

(n) immediately notify TAPAC of any:

(i) hazards which you observe or become aware of at the Venue; and

(ii) incident, accident or near miss you become aware of at the Venue including, without limitation, those involving any equipment or any Person Under Your Control;

(o) provide TAPAC with any assistance required to conduct any incident or accident investigation at no cost to TAPAC;

(p) promptly advise the person at TAPAC reception of any health and safety issues or concerns;

(q) not do or allow to be done by any Person Under Your Control anything that may void or diminish any TAPAC policy of insurance or any fixtures, fittings, equipment or goods at TAPAC irrespective of whether those items are the property of TAPAC or not;

(r) not do anything to prejudice TAPAC’s good name;

(s) not assign use of the Studio;

(t) advise TAPAC immediately if you have any matter before the court or if any of the events outlined in clause 16.1 (c) - (e) are likely to occur; and

(u) comply with all relevant statutes, regulations and bylaws whilst at TAPAC.

5. DEPOSIT AND BOOKING CONFIRMATION

5.1 You agree to pay the Deposit or the Total Hire Fee, as requested by TAPAC, to hold the Studio for the Hire Period. The Deposit is non-refundable.

5.2 A Booking is confirmed when you have paid the Deposit or the Total Hire Fee, as requested by TAPAC ("Confirmed Booking").

5.3 In the event you fail to make a Confirmed Booking, TAPAC will use its reasonable endeavours to contact you. If TAPAC is unable to contact you within 3 working days of such contact or if you fail to make a Confirmed Booking, TAPAC may hire the Studio to any party without notice. In these circumstances, TAPAC has no liability to you.

5.4 You agree that the Studio can only be booked for minimum periods of one hour.

5.5 Set-up, pack up and vacating the Studio must take place within the agreed hours during the Hire Period.  Any unauthorised overrun will be charged for each additional hour used whether all or only part of that hour was used at the Hourly Rate plus 50% (plus GST).

5.6 TAPAC cannot guarantee the renewal of bookings each year.

6. COMMENCEMENT AND HIRE PERIOD

6.1 The hire of the Studio will commence on the first day and finish on the last day of the Hire Period.

6.2 TAPAC will hire the Studio to other parties or use the Studio as it so determines at its sole discretion for any period outside the Hire Period.

6.3 In the event any part of the Hire Period falls on a public holiday, TAPAC will use its best endeavours to offer extra Studio hours to make up the hours that fall on that public holiday, unless you, with prior arrangement, specifically request those hours to be deducted from the Hire Period and the Total Hire Fee.

6.4 TAPAC may, at its complete discretion, require you to change the Studio if the booked Studio needs maintenance or repair or in extraordinary circumstances. TAPAC will use its best endeavours to provide reasonable notice.

7. EXTENSION OF OR ADDITION TO CONFIRMED BOOKING

7.1 If you request an extension of a Confirmed Booking or additional facilities or equipment, TAPAC will try and accommodate it where possible. You will be charged at the Hourly Rate unless the extension falls on a public holiday or outside normal hours in which case an additional fee will be payable. TAPAC reserves the right to charge an administration fee for any extension or addition.

8. REDUCTION OR POSTPONEMENT OF CONFIRMED BOOKING

8.1 Where you wish to reduce or postpone a Confirmed Booking, the cancellation clauses of these Rules will apply.

9. CANCELLATION OF HIRE

9.1 Any notice of cancellation, postponement or reduction of a Confirmed Booking must be given in writing. If no written notice is received, the cancellation payment is 100% of the Total Hire Fee payable for the total of all the dates cancelled, postponed or reduced.

9.2 If you cancel, postpone or reduce a Confirmed Booking within:

(a) 21 business days of the next date in the Hire Period, a cancellation payment of 25%;

(b) 14 business days of the next date in the Hire Period, a cancellation payment of 50%;

(c) 7 business days of the next date in the Hire Period, a cancellation payment of 75%; or

(d) 48 hours of the next date in the Hire Period a cancellation payment of 100%;

of the Total Hire Fee for all the dates cancelled, postponed or reduced is payable by you to TAPAC. The above cancellation payment is in addition to the non-refundable deposit.

9.3 TAPAC may cancel any Confirmed Booking where, at its sole discretion, it considers that the:

(a) Confirmed Booking will or might contravene any order, regulation or statute, or any other requirement of a public or local authority or otherwise be in breach of these Rules;

(b) management of the Confirmed Booking by you is inadequate or deficient;

(c) behaviour of any Person Under Your Control may lead to danger or injury to any person, property or to any part of the Venue, including the Studio; or

(d) circumstances warrant such cancellation including, without limitation, any serious emergency. In the event of a serious emergency, the relevant Payment for the part of the Hire Period that was disrupted will be refunded.

9.4 In addition to TAPAC's right of termination pursuant to clause 16, if any Payment is overdue TAPAC may cancel any future bookings it holds for you, whether paid or not, after giving 5 working day's notice.

10. ADDITIONAL CHARGES

10.1 TAPAC has the right to invoice you for any additional charges resulting from your use including, without limitation, any:

(a) damage to the Studio or Venue caused during the Hire Period;

(b) Studio overrun;

(c) any theft of TAPAC property from the Studio or Venue during the Hire Period;

(d) extra cleaning, rubbish removal, resetting or reinstatement;

(e) costs, losses or expenses incurred by TAPAC in relation to any breach of the terms and conditions of these Rules;

(f) emergency services call-out or fire alarm activation for a non-emergency situation;

(g) any call-outs to a security company as a result of your behaviour or any Person Under Your Control; or

(h) extra services requested.

10.2 Any additional personnel required including, without limitation, a cleaner or technician, will be charged at a minimum of a 3 hour call.

10.3 You acknowledge and agree that if the fire alarm is set off for any reason that is not an emergency as a result of any act or omission by you or any Person Under Your Control, then TAPAC has the right to impose an additional fire service fee for the full amount charged for the call-out by the New Zealand Fire Service. You acknowledge that this fee may be in excess of $1,500.

11. PAYMENT

11.1 In respect of any Payment, TAPAC will send you an invoice 10 working days prior to the Due Date for each Payment, other than where you are required to pay the Deposit or the Total Hire Fee to ensure a Confirmed Booking. Failure to receive the invoice or receive it within 10 working days of the Due Date, does not discharge you of the obligation to make each Payment on its Due Date.

11.2 In respect of any other Payment due under these Rules, TAPAC will issue an invoice to you and require payment within 10 working days unless otherwise specified in these Rules.

12. OVERDUE PAYMENT

12.1 You agree to pay interest on any Payment from (and including) its Due Date until it is repaid in full. Interest on any overdue Payment will be charged at the Default Interest Rate. Interest will accrue daily on the outstanding amount and will be compounded annually.

12.2 TAPAC reserves the right to refer the outstanding Payment to a debt collection agency or other such authorised agency for collection.

12.3 All costs or all expenses incurred while trying to recover any overdue Payments including, without limitation, any administrative costs and charges, debt collection fees and legal fees will be added to and form part of the outstanding amount.

13. INDEMNITY

13.1 You agree to indemnify TAPAC against any loss, damage or expense incurred by TAPAC as a result of your activities including, without limitation:

(a) any claim, suit, action or proceeding brought against TAPAC as a result of you breaching these Rules; and

(b) indemnify TAPAC against all costs, claims, damages and legal, or other expenses of whatsoever kind, including copyright, which TAPAC may suffer, incur or be held liable to pay in the event of any prosecution, suit or other legal proceeding brought against TAPAC as a consequence of the use of the Studio and Venue by you or any Person Under Your Control.

14. LIABILITY

14.1 TAPAC is not liable for any loss or expense you incur if TAPAC is not able to provide the Studio to you as a result of earthquake, fire, failure or unavailability of any building service or any event beyond TAPAC's control.

14.2 To the extent permitted by law, TAPAC is not liable to you for any loss in connection with or arising under these Rules. The maximum amount of TAPAC's liability  for any loss, damage, claim or expense is limited to the Total Hire Fee.

15. GENERAL CONDITIONS

15.1 You agree that TAPAC has the right, at any time during the Hire Period, to record or photograph you and, with their permission, any Person Under Your Control, for the purpose of publicity, promotional, educational or funding purposes for TAPAC or any of its activities.

15.2 You undertake to assist TAPAC in acquiring any consents contemplated in clause 15.1.

15.3 You agree to provide TAPAC with publicity material that may be helpful to promote your use of the Venue or TAPAC.

15.4 Any property that is brought into TAPAC by you or any Person Under Your Control will be at the owner's risk at all times.

15.5 No waiver of any breach of these Rules will be treated as a waiver of any other or any subsequent breach. The failure by TAPAC to enforce any provision of these Rules at any time is not to be interpreted as a waiver of that provision.

15.6 Notice is deemed to be served on you if sent to the address or email address you provided to TAPAC.

16. TERMINATION

16.1 TAPAC may terminate the Hire Period by written notice to you with immediate effect if you:

(a) breach any of the terms of these Rules and fail to remedy the breach within 5 working days of notice in writing from TAPAC requiring the breach to be remedied;

(b) fail to make any Payment on the Due Date whether demanded or not;

(c) are made bankrupt, dissolved, placed into liquidation or become insolvent;

(d) declare bankruptcy or a receiver is appointed in respect of your business or the assets of any business of yours or if an arrangement with your creditors is made or is likely to be made;

(e) are likely to your company removed from the register of companies or your trust is wound up or is likely to be wound up; or

(f) have seriously or materially breached any term or condition of these Rules.

16.2 The termination of the Hire Period by TAPAC will be without prejudice to the rights and obligations of TAPAC immediately before termination.

16.3 On termination of the Hire Period you will immediately return to TAPAC any of its items, equipment or other property in your possession.

16.4 The provisions of clauses 12 and 13 will survive the termination of the Hire Period and remain binding on you.

17. FORCE MAJEURE

17.1 Neither TAPAC nor you will be liable for any delay in performing or failure to perform TAPAC’s or your obligations under these Rules if such delay or failure is the result of an act of god, fire, explosion, industrial dispute, act of government (such as a change in legislation, regulation or order which may be under legislative authority) or anything beyond the reasonable control of either TAPAC or you.

18. SEVERABILITY

18.1 Should any part or portion of these Rules be held to be invalid, the remainder of these Rules will continue in force and effect as if the invalid provision had been deleted, provided that you and TAPAC may negotiate a valid and enforceable provision in replacement of the invalid provision.

19. DISPUTES

19.1 Any dispute between you and TAPAC affecting the terms of, or the rights or liabilities of either you or TAPAC, or either of them under these Rules will be submitted to the arbitration of a sole arbitrator to be appointed by TAPAC or if you disagree, to be nominated by the President of the New Zealand Law Society or his or her nominee.

SCHEDULE A

ADDITIONAL TERMS AND CONDITIONS OF STUDIO HIRE

1. HIRE TERMS

1.1 You will:

Care of Students

(a) if any Person Under Your Control is a pre-school or school child, provide pastoral care including, without limitation, to:

(i) monitor each child during each class to ensure that all children are present and in your care at all times;

(ii) supervise each child during any break times or to the toilet; and

(iii) stay on site until a parent or caregiver collects all children that are your responsibility;

Code Of Conduct

(b) ensure that each Person Under Your Control behaves in an appropriate and respectful manner whilst on TAPAC premises and complies with the code of conduct outlined in Schedule C (“Code"). TAPAC may, at any time, ask a person to leave its premises for non-compliance with the Code;

Use of Studio and Venue

(c) ensure that rosin or powder is not used on the floor of any Studio;

(d) reset the Studio to neutral and vacate the Studio by the time the class is booked to finish and leave the Studio in the same order, condition and repair as existed at the commencement of the Hire Period;

(e) ensure any resetting is done and the Studio is vacated within your allocated studio hours as agreed with TAPAC. You acknowledge and agree that failure to reset the Studio or not resetting or vacating it within your allocated Studio hours will incur additional charges at the Hourly Rate plus 50%, whether all or only part of any hour is used, plus any labour costs associated with resetting the Studio;

(f) not use the foyer as a rehearsal space or a break-out space or a dressing-room (including hair and makeup preparation). These activities must take place in the Studio;

(g) ensure that the foyer if used by you or any Person Under Your Control:

(i) is kept clean and tidy at all times; and

(ii) that the noise in the foyer is kept at a minimum at all times.

SCHEDULE B

GENERAL TERMS AND CONDITIONS OF STUDIO HIRE

1. SAFETY

1.1 You will consult the TAPAC Production Manager before plugging any cable into distribution boards or sockets or if you wish to use any of your own electrical equipment.

2. DAMAGE

2.1 You will not without the prior consent of TAPAC:

(a) construct or paint any item in the Studio;

(b) use nails, staples, screws or any fixings for any purpose in the Studio including sticking tapes and plastic adhesives;

(c) use adhesive tapes for any purpose throughout the Venue including, without limitation, the walls of the foyer; or

(d) remove existing displays or add your material to those displays.

2.2 You must report to a TAPAC staff member:

(a) any damage that you discover upon arrival; and

(b) any damage caused during your occupation.

3. EMERGENCY

3.1 You agree that if an emergency or a situation arises that is likely to endanger the safety of persons within the building, TAPAC reserves the right to suspend any Booking until there is no longer an emergency or hazard.

3.2 You agree that in the event of an emergency, you and all Persons Under Your Control will be under the control of the TAPAC Production Manager, technician, venue manager or staff member until the police or other emergency service officers are present.

4. CHANGES TO EXISTING SYSTEMS

4.1 You will not make any changes to the existing lighting and sound systems without the TAPAC’s Production Manager’s prior approval. If any repairs are required as a result of any unauthorised changes this cost will be included as additional charges.

5. PROMOTION

5.1 You must seek TAPAC's prior approval to the placement of any promotional material in the Venue and failure to do so may result in additional charges.

6. CAR PARK

6.1 Any vehicles parked in the car park are at the owner’s risk. TAPAC has no liability for any vehicles in the car park or the TAPAC grounds.

7. ANIMALS

7.1 You will not and will ensure that any Person’s Under Your Control do not bring animals in any part of the Venue with the exception of guide dogs.

SCHEDULE C

CODE OF CONDUCT AND PERFORMANCE

1. CODE OF CONDUCT

1.1 You agree to comply with the rules, policies and procedures contained in this Code.

1.2 You will:

(a) use your best endeavours to protect the interests and reputation of TAPAC;

(b) exercise expected standards of professionalism, behaviour and performance;

(c) demonstrate courtesy and respect for colleagues, TAPAC staff and students;

(d) comply with all laws, reasonable instructions and TAPAC policies and procedures;

(e) maintain appropriate standards of behaviour and attire whilst at TAPAC;

(f) maintain standards of security of equipment, the venue and information;

(g) ensure that any Person’s Under Your Control behave in a manner which complies with this Code whilst at the Venue; and

(h) cooperate with all other groups using TAPAC.

1.3 TAPAC regards the following as unacceptable behaviours:

(a) physically abusing, fighting or threatening another person while on TAPAC business or premises;

(b) irresponsible or unacceptable behaviour including obscene language that could cause offence;

(c) causing injury or endangering the safety of yourself, any Person’s Under Your Control,, 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;

(d) irresponsible or unauthorised use of fire prevention or safety equipment, or other TAPAC property;

(e) driving near TAPAC or in the car park at a speed exceeding the speed limit, or in a dangerous or careless manner;

(f) committing any act that results in wastage and/or damage to property;

(g) unauthorised possession, use, or removal from TAPAC premises or movement of any TAPAC property or property belonging to another person;

(h) falsifying any records submitted to TAPAC or other acts of dishonesty;

(i) unauthorised consumption of alcohol or drugs at TAPAC, or being, in the opinion of TAPAC, affected by alcohol or drugs such that you cannot use the Studio properly and safely;

(j) possession of illegal drugs;

(k) disclosure or misuse of information obtained in the course of doing business with TAPAC;

(l) abuse of Privacy Act provisions;

(m) serious harassment of any person while on TAPAC premises or business;

(n) conduct which could seriously damage the reputation of an individual or TAPAC;

(o) conviction of a criminal offence where such conviction harms the interests of TAPAC or its customers, or could materially harm the trust that TAPAC has in you;

(p) failure to comply with all relevant legislation including Health and Safety;

(q) unauthorised involvement in any activity that causes a conflict of interest with TAPAC's interests;

(r) arriving at TAPAC in a condition where you are unable to properly and safely use the Studio or teach a class;

(s) smoking in a smoke free area including in and around the TAPAC Venue or on the Western Springs College grounds;

(t) using a naked flame in the Venue;

(u) consuming food and beverage in the Studios or theatre;

(v) keeping any food or beverage near any electrical cables;

(w) any actions deemed to be of a sufficiently serious nature that could seriously affect the operations of TAPAC; or

(x) depositing any substance in the sinks, drains or toilets that could cause blockage or damage.