Pole x Charmaine
Waiver
&
Indemnity
As with all services, there is an extent of liability for each party. We would like to ensure all involved parties are aware of what they have signed themselves up for, and are agreeable before commencing any activities.
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Kindly take your time to read through the following clauses. When ready, please acknowledge your indemnity via the link below.
1
Enrolment Policy
Please read the policies below carefully as the following terms and conditions govern your payment and enrolment in classes with Charmaine Lee Si Min (hereafter “Charmaine”).
1.1
Waiver & Release
I understand, acknowledge and agree that due to the nature of the dance sport, including pole, aerial, chair, floor dance and flexibility, the classes, including courses, privates, workshops and related activities conducted by Charmaine carries inherent dangers and risks, including risk of injury or death. I acknowledge that I need to submit a parental consent letter to Charmaine if I am under 18 years old before enrolment. I further agree that participating in any activity organized or conducted by Charmaine is purely on my sole volition and risk. I agree that while my classes or others’ are in session, it may not be possible or practical for Charmaine to provide safety instructions and recommendations. I acknowledge that I am at liberty to, at any time, cease or suspend my participation if I am in any way incapacitated, unable to continue or feel that any activity may result in bodily injury to myself or other participants. Should I decide to continue despite such conditions, any encouragement, recommendations or advice given by Charmaine does not negate the voluntary nature of my decision.
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In view of the aforesaid, and by my voluntary participation in the activities with Charmaine, I hereby, to the full extent permitted by law, WAIVE ALL LEGAL RIGHTS OF ACTION AGAINST AND FULLY RELEASE Charmaine, her partners, instructors, employees, agents, landlords, leases or franchisees (Related Parties) for the loss, damages, or injury howsoever arising out of or in relation to the participation by myself in the activities conducted or organized by Charmaine. This includes, without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of Charmaine and/or Related Parties.
1.2
Health & Conduct
I understand and acknowledge the dangers associated with the consumption of alcohol or any mind altering drugs before and during the activity and I take full responsibility for any injury, loss or damage associated with their consumption. I agree not to drink alcohol or take drugs prohibited by law before or during any activities conducted or organized by Charmaine. By enrolling in our classes, I acknowledge that I have been advised to consult with my physician with respect to any past or present injury, illness, pregnancy or any other health related condition or any kind whatsoever that may affect my participation and ability to participate in the program. I acknowledge that I have discussed the appropriateness of pole, aerial, chair and other dance programs in connection with any illness or condition that I have or have had with my physician, and that I knowingly execute this release from liability and negligence. Specifically, and without derogation to the foregoing, I acknowledge that Charmaine has recommended that pregnant women DO NOT participate in the activities organized.
1.3
Personal Property
I recognize and accept that I am solely responsible for my personal belongings and property. I waive and release any and all claims against Charmaine for property loss or damage to my personal property arising from my participation.
1.4
Intellectual Property
Charmaine reserves the rights in all intellectual property in, without limitation, any moves, tricks, routines, course style and structure taught in any activities conducted or organized by Charmaine. I understand and agree that I must not use or exploit any intellectual property owned by Charmaine for personal financial gain in any manner, including but not limited to instructing or teaching pole, aerial, chair, floor and other dance programs, without first obtaining the written permission of Charmaine and/or Related Parties.
1.5
Term Classes
A minimum of three (3) participants is required for each course to start, and a maximum of six (6) participants in each course, unless stated otherwise. Sharing of apparatus may be required for courses above three (3) participants. Complete payment is required one (1) week prior to the first class date, or seven (7) days.
1.6
Mini Term Classes
A minimum of three (3) participants is required for each course to start, and maximum of three (3) participants is allowed in each lesson, unless stated otherwise. Sharing of apparatus may be required for courses above three (3) participants. Complete payment is required within twenty-four (24) hours of class booking to secure your spot in class.
1.7
Private Classes
A maximum of three (3) participants is allowed in each lesson. Please contact Charmaine to schedule desired private sessions. Complete payment is required one (1) week prior to the first class date, or seven (7) days. Private Packages are valid for six (6) months from date of purchase. Balance credit will be forfeited when due and unutilised. Any persons unable to complete their package due to illness or injury must inform Charmaine either via Email or Telegram Message at the contact details provided below, with a MC or doctor’s note for review, before the private package expires. Extensions will only be given in exceptional cases, at Charmaine’s discretion. No refunds or credit notes will be made in any circumstances.
1.8
Workshops
A minimum of three (3) participants is required for each course to start, and maximum of three (3) participants is allowed in each lesson. Complete payment is required within twenty-four (24) hours of class booking to secure your spot in class.
1.9
Lateness
Entry to studio space is permitted at the exact time of class. Latecomers are allowed to join the class within the time frame of the designated period of class. A series of warmups will be conducted before attempting that day's class syllabus. I understand that the warmups are essential in lowering risks of injuries prior to any physical activity, and it is at my own discretion to participate in warmups to the best of my ability. I hereby waive Charmaine of any liability of any injuries that I may attain.
1.10
Rescheduling of Classes
Once payment has been processed, I am booked for the class(es) I have specified. Rescheduling is only applicable for Workshops, Term Classes & Privates at no cost if Charmaine is notified at least forty-eight (48) hours prior to the agreed class date and time; if within forty-eight (48) hours & more than twenty-four (24) hours, 50% refund of the current class price; if within twenty-four (24) hours, class will be forfeited & be considered a 'no show' & no refunds or credit notes will be given.
1.11
Class Replacements (Makeups)
When booking in for classes, I am aware of the agreed class date(s) and time(s) that I have booked for. Rescheduling is only applicable for Term Classes and Privates. There are no makeup lessons available as replacements for all classes. Any missed classes will be forfeited and no refunds or credit notes will be given.
1.12
Cancellation of Classes
Class will be forfeited if 'no show' within fifteen (15) minutes from start of class, or cancellation is made less than twenty-four (24) hours before the class. Charmaine reserves the right to change or cancel a class up to twenty-four (24) hours before the class if sufficient enrolments have not been received, unless due to emergency. In the event of a class being altered or cancelled, every effort will be made to avoid inconvenience by offering alternative dates, times or venues. I agree to try to accept all reasonable changes made by Charmaine, but nonetheless agree that in the event of a cancellation or postponement initiated by Charmaine, the maximum liability of Charmaine is limited to a full refund of the cancelled class or activity.
1.13
Refunds
Any persons unable to complete their course due to illness or injury must inform Charmaine either in writing or via Telegram message at the contact details provided below, with a Medical Certificate (MC) or doctor’s note for review, before the end of their course. Refunds or credit notes will only be given if a MC or doctor's note is provided, or in exceptional cases, at Charmaine’s discretion. The financial value of missed classes without a valid MC or doctor’s note cannot be refunded. Package rate does not apply for refunded classes. I understand that refunds, or the transfers of fees to another term and/or other students, will not be granted in any circumstances except as specifically stated in these policies.
1.14
Photography & Videography
Photography and videography are allowed during the course of classes. I understand that it is my responsibility to declare the approval of any digital media to my classmates and Charmaine. Otherwise, I hereby grant Charmaine and my classmates permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of their publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of Charmaine and will not be returned, and also authorise the Charmaine to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. I waive any right to inspect or approve the finished product wherein my likeness appears, and any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge Charmaine from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorisation.
1.15
Severability
If any provision of these Policies are held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Policies and the remainder of the provision in question shall not be affected, but shall continue in full force and effect.
1.16
Entire Agreement
These Policies set out the entire agreement between myself and Charmaine and/or Related Parties, and any understanding, representation, statement or statement not specifically stated herein is excluded.
2
Privacy Policy
This Data Protection Notice (“Notice”) sets out the basis which Pole x Charmaine may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.
2.1
Personal Data
As used in this Notice:
– “customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and
– “personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name and identification information such as your email address and telephone number, nationality, gender, date of birth, photographs and other audio-visual information, and financial information such as credit card numbers, debit card numbers or bank account information.
Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
2.2
Collection, Use and Disclosure of Personal Data
We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
We may collect and use your personal data for any or all of the following purposes: (a) performing obligations in the course of or in connection with our provision of the goods and/or services requested by you; (b) verifying your identity; (c) responding to, handling, and processing queries, requests, applications, complaints, and feedback from you; (d) managing your relationship with us; (e) processing payment or credit transactions; (f) sending your marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions; (g) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority; (h) any other purposes for which you have provided the information; (i) transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and (j) any other incidental business purposes related to or in connection with the above.
2.3
Disclosure of Personal Data
Your Personal Data held by Charmaine will be kept confidential except where such disclosure is necessary in cases such as:
(a) where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or
(b) to third party service providers, agents and other organisations we have engaged to perform any of the functions listed in clause 2.3 for us.
The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
2.4
Consent
The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via Telegram message to us at the contact details provided below.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods.
2.5
Access To and Correction Of Customer Data
If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to us at the contact details provided below.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
2.6
Accuracy of Personal Data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing us in writing or via email at the contact details provided below.
2.7
Retention
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
2.8
Protection of Personal Data
To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
2.9
Point of Contact
You may contact us if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:
Email: polexcharmaine@gmail.com
Telegram: Charmaine (https://t.me/+DlSXQDFbxQViYmM1)
2.10
Effect of Notice and Changes to Notice
This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
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Effective date: 20 May 2023
Last updated: 3 August 2023
If you have comments, questions or complaints about or requests relating to this Privacy Policy statement, please contact Charmaine in writing. Charmaine reserves the right to alter any of the clauses contained in this Privacy policy for the purposes of compliance with local legislation, or for any other purpose deemed necessary by Charmaine and/or Related Parties.