Terms of Service

Event Entertainment & Activations, Parties & Incursions

This applies to:

• roving performance
• stage acts
• kid’s parties
• hen’s parties
• birthday parties
• interactive playspaces
• workshops

BOOKINGS & PAYMENTS

• Bookings must be made in writing, utilising the Hoop Sparx Booking Form.
• By submitting the Hoop Sparx Booking Form, you enter into a binding agreement with Hoop Sparx.
• Bookings require a 50% non-refundable, non-transferable deposit to be paid upon invoice OR a Purchase Order number to be supplied, with the balance invoiced following delivery of the entertainment and payable within 2 weeks.
• Workshops are capped at 25 people per facilitator (the cap). Where a facilitator/s arrives and is expected to instruct in excess of the cap, they will only do so if they deem it safe and are confident they can manage the group. If they do proceed with teaching more than the cap, an additional $15+GST per person will be charged.

CANCELLATIONS & POSTPONEMENT

Event cancellation / postponement

• Postponement is only considered if Hoop Sparx receives the postponement request at least 30 days before the date of the event. Hoop Sparx will endeavour to meet such postponement requests, depending on the availability of entertainers for the requested new event date.
• Where a booking cancels in excess of 30 days prior to the booking, 30% of the amount of the booking will be charged.
• Where a booking cancels within 21-30 days of a booking, 50% of the amount of the booking will be charged
• Where a booking cancels within 10-20 days prior to a booking, 75% of the amount of the booking will be charged.
• Where a booking is cancelled within 0-9 days prior to a booking, the full amount of the booking will be charged.
• Where a deposit has been paid that is less than the cancellation fees outlined above, the client must pay the balance of the cancellation fee upon receipt of the invoice.
• Where no deposit has been paid and a PO number supplied, the client must pay the cancellation fee upon receipt of the invoice.
• Where a Booking Form has been completed but no deposit or PO number supplied, the client must pay the cancellation fee upon receipt of the invoice.

Entertainer cancellation:

• In the unlikely event the entertainer must cancel due to unforeseen circumstances, we will endeavour to find a replacement and notify you as soon as possible.
• If a replacement entertainer is unavailable, you will receive a full refund for any monies paid to date or the option to reschedule. Action will be taken in accordance with your preference.

COVID-19:

• Where a booking must be cancelled due to government-directed COVID-19 restrictions, a postponement will be offered. If that isn’t feasible for one or both parties, the deposit will be refunded in full unless specified otherwise in a client-supplied signed contract.

HEALTH & WELLBEING

All forms of dance, hooping, circus and associated exercise may place stress on the body and carry with them the possible risk of physical injury. Hoop Sparx and its instructors shall not be held liable for injuries sustained during Hoop Sparx Event Entertainment, Activations, Parties and Incursions. It is up to individual participants or their guardians (for minors) to ensure they are fit to participate and have any pre-existing injuries or health conditions cleared by a medical practitioner before attending the session.
Hoop Sparx will not be held liable for any losses or damage to personal property during participation in Hoop Sparx Event Entertainment, Activations, Parties and Incursions.

DEBT COLLECTION POLICY

If an invoice is not paid on time, Hoop Sparx will:

1. 1. Contact you with a friendly reminder via email and/or phone
   2. Send you an overdue payment reminder
   3. Send a final notice
   4. Send a formal letter of demand
   5. Engage a debt collection agency to collect outstanding monies including a late fee to cover the cost incurred in debt collection.

Late fees may be incurred.

LATE FEES

Late fees will be applied to invoices that are 30+ days overdue. If an invoice is 30 days overdue, you will receive an email reminder giving you 72 hours to make a payment. If the payment is not made within that time, a late fee will be applied to the invoice and the invoice will continue to increase by that amount every week until the invoice is paid. The late fee will be either (whichever is higher):

• $5+GST per week; or
• 5% penalty rate + RBA cash rate at time of invoice due date – calculated based on per annum divided by the number of days overdue.

Tuition

This applies to:

• Hula hoop classes
• Private lessons: online & in-person
• Retreats
• Hoop Sparx hosted workshops & events

BOOKINGS

Payment is required in full, in advance.

Classes
Class passes are valid at all Hoop Sparx classes within the term they were purchased only.

Class bookings are non-refundable and non-transferable. Non-transferable means they cannot be exchanged for other Hoop Sparx products or services; and cannot be transferred to another person.

Retreats:
Retreat bookings are non-refundable. If you are unable to attend a retreat you are booked in for you cannot exchange your booking for other Hoop Sparx products or services. If the retreat has sold out, you can sell your ticket to someone else and the ticket will be transferred to that person for a $30 administration fee payable by you.

Private lessons:
The date and location will be arranged via email/phone and confirmed in writing.
Private lessons are non-refundable and non-transferable.

Once you have placed your order, you will receive a confirmation email with additional information such as class location, zoom link, online form to complete. Please check your spam folder if it is not in your inbox.

CANCELLATIONS & POSTPONEMENT

• If a class is cancelled by Hoop Sparx, you will be offered the option to:
  • Get a refund for that class; or
  • Attend a different class within the duration of the term you booked in
• If a retreat is cancelled by Hoop Sparx, you will be offered the option to:
  • Get a refund; or
  • Transfer the ticket to attend a future retreat
• Private lessons can only be postponed once and require a minimum of 72 hours’ notice prior to the lesson or the lesson will be cancelled.

HEALTH & WELLBEING

Fit to Hoop:
All forms of dance, hooping, circus and associated exercise may place stress on the body and carry with them the possible risk of physical injury. Hoop Sparx and its instructors shall not be held liable for injuries sustained during Hoop Sparx Tuition. Hoop Sparx are not health professionals. It is up to individual participants or their guardians (for minors) to ensure they are fit to participate and have any pre-existing injuries or health conditions cleared by a medical practitioner before attending the session.
Hoop Sparx are not fitness Hoop Sparx will not be held liable for any losses or damage to personal property during participation in Hoop Sparx Tuition.

Take care of your well-being:
Hoop Sparx participants are encouraged to take care of their well-being. To ensure maximum enjoyment:

Suitable clothing

• Wear comfortable/no shoes
• Wear comfortable clothes with no tassels or dangly bits that could get caught in/disrupt the hoop e.g. leggings and t-shirt
• Remove jewellery and keep earrings to studs

Food and drink

• Bring water to stay hydrated
• Keep snacks light before class

INDEMNIFICATION

Hula hooping, dance and associated rigorous exercises may place stress on your body and carry with them the risk of physical injury. By attending Hoop Sparx Tuition, you assume this risk and agree that Hoop Sparx, its staff, and chosen facilities will not be in any way liable for injuries sustained during Hoop Sparx Tuition. Your attendance at Hoop Sparx Tuition marks you agreement to follow the facilitators instructions and not participate in unsafe practises. Should you have any pre-existing injuries or health issues, you must let the facilitator know and fully understand that it is your responsibility to seek medical clearance prior to participating in Hoop Sparx Tuition and associated exercises.

Products & Online Store

ONLINE STORE TERMS

By making a purchase on the Hoop Sparx website, you are agreeing that you are over 18 and will not use our products for any illegal or unauthorised purpose.
All online courses and video downloads are for your sole use only and must not be shared or published.

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

ORDERING

All orders will receive a confirmation of purchase email within 10 minutes. Check your spam folder if you don’t see it in your inbox.

Dispatch

• Vouchers: Email with PDF voucher in 1-24 hours.
• Hula hoops & merchandise: Dispatch within 3 business days.

Hoop Sparx want to get the highest quality services and products to you as soon as possible. In the unlikely event we cannot meet our usual dispatch time we will advise you. If this does occur, you will be given the opportunity to:

1. order an alternative;
2. have the product sent as soon as it becomes available; or
3. cancel the order.

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or phone number provided at the time the order was made.

INDEMNIFICATION

Hula hooping, dance and associated rigorous exercises may place stress on your body and carry with them the risk of physical injury. By purchasing Hoop Sparx products, you assume this risk and agree that Hoop Sparx and its partners, directors, contractors and staff will not be in any way liable for injuries sustained through the use of Hoop Sparx Products.

PRODUCT RETURNS POLICY

Be gentle
Take care of your hula hoop! The tape will last longer if you hoop on grass or other soft surfaces. Be gentle when you coil down your travel hoop (check out the video on the product page) and be mindful not to fold or kink it. Dance hoops are a little less fragile but it is still important not to lean too hard on them or they will not only become an oval, the plastic will eventually snap.

Faulty or damaged?
If your product is faulty or damaged, please contact donna@hoopsparx.com within 30 days of receiving it and provide images depicting the issue. So long as it is a product fault that is not caused by misuse, we will either fix it, replace it or provide a refund.
Cost of repair for wear and tear will be calculated on a case-by-case basis.

Returns on faulty/damaged products
Once a return has been verified and approved:

• you will receive notification via email and be provided with the option of repair, replacement or refund
• your item must be sent back to us within 30 days of you receiving it. We will not accept returns for hoops that been scuffed or damaged from use.
• the postage cost of returning a product is at Hoop Sparx’s expense.

Once the product has been returned, we will action the repair, replacement or refund within 2 business days.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and contact information for all purchases made on the Hoop Sparx website.

PRODUCT DEPICTION & AVAILABILITY

We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your device’s display of any colour will be accurate. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

MODIFICATIONS TO SERVICES AND PRICES

Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue a product or service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Privacy Policy

Hoop Sparx is bound by the Privacy Act 1988 (Crh).
In simple terms:
When you place an order we collect your name, e-mail address, contact number and mailing address information. We may use it to contact you for marketing purposes. You can opt out of this at any time by unsubscribing.
We do not collect or have access to your credit card data.
From time-to-time, Hoop Sparx activities may be photographed or filmed. No image or footage will be used without written permission from you.

YOUR PERSONAL INFORMATION

We may occasionally hire other contractors/companies to provide services on our behalf, including, but not limited to, handling customer support enquiries, processing transactions or customer freight shipping.
Those companies will be permitted to obtain only the personal information they need to deliver the service.
Hoop Sparx takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

SMS

Hoop Sparx may send you text messages including updates, alerts, information, promotions, marketing offers. Message frequency varies. You may opt-out of the Service at any time. Text the single keyword command STOP to Hoop Sparx or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

Indemnification

You agree to indemnify, defend and hold harmless Hoop Sparx and our affiliates, partners, directors and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third-party.

Disclaimer of warranties; limitation of liability

Hoop Sparx and all Hoop Sparx contractors hold current Public Liability Insurance.
You expressly agree that your use of and engagement with Hoop Sparx products and services is at your sole risk. Hoop Sparx products and services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind.
In no case shall Hoop Sparx, our partners, directors and contractors be liable for any injury, loss, claim; or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including, without limitation, lost profits, lost revenue, lost savings, replacement costs, or any similar damages, arising from your use of any Hoop Sparx products or services.