Terms and Conditions

I acknowledge that I have read this enrolment form, including the Terms & Conditions and Schedules 1 and 2 and agree to fulfill my obligations outlined therein.

If I sign with a digital signature I acknowledge this Agreement, in accordance with Australian Law is enforced through electronic signature.

Through undertaking this electronic signature, I acknowledge that they formally and unconditionally enter into this legally binding document in a sound state of mind and with full acceptance of the proposed terms and conditions.

I agree/understand that:

• • I understand that the course in which I enroll may require me to participate in online training
• • I agree to comply with The Actors Pulse Privacy Policy
• • I agree not to film or record any aspect of the classes / courses in which I participate, including the online training programs which might be conducted using technology (such as zoom) which permits recording
• • I agree to comply with the Intellectual Property clauses as set out in this enrolment form
• • I understand that if The Actors Pulse determines that I have not complied with its Terms & Conditions as set out on this Enrolment Form,The Actors Pulse Rules & Guidelines and The Actors Pulse policies & procedures then I may be excluded from classes or expelled from The Actors Pulse
• • I confirm that information I have provided on this enrolment form is accurate

Parental/Guardian Consent (Under 18 Years)

If enrolling student is under 18 at the time of filling out this form, a parent or guardian acknowledges that they have read this enrolment form and agrees:

• • I authorise the enrolling student to participate in classes at The Actors Pulse Pty Ltd and that I will be liable for payment off all tuition fees
• • I have explained to the student their obligations under the Terms & Conditions
• • The student has acknowledged that he / she has understood
• • The student has acknowledged that he / she will comply with the Terms & Conditions as well as The Actors Pulse rules, guidelines, policies and procedures

Payment:

1. Tuition fees are to be paid on or before the due date(s) as set out in Schedule 2: Fees and Payment Options (Schedule 2) of this Enrolment Form.

2. If you fail to pay your tuition fees on time, The Actors Pulse reserves the right to charge a late payment fee as set out in Schedule 2, where it has been agreed by The Actors Pulse that a late payment will be accepted and you will be permitted to attend classes.

3. If you fail to pay your tuition fees on time The Actors Pulse will issue two (2) notices advising you that your payment is overdue. If you have not paid within three (3) working days of the second overdue notice The Actors Pulse reserves the right to:

• a. exclude you from a course/class until payment is received;
• b. suspend you from all courses in which you are enrolled;
• c. place restrictions on or refuse future enrolment applications;
• d. take legal action to recover outstanding fees and associated costs.

4. Deposits are non refundable.

5. All payments (eg deposits, term fees, instalments), which are made by direct transfer into The Actors Pulse bank account must be clearly identified using your Surname and Initials(s) to allow identification of payment. Failure to do this may mean you are recorded in our system as failing to pay by the due date and may result in The Actors Pulse imposing a late fee.

6. You are liable for payment for the fees for whole term as a part time student and/or the whole year as a full time student regardless of your attendance. There are no refunds. If you decide to leave The Actors Pulse, refunds will only be considered if you demonstrate genuine hardship (for example, if you can show hospitalisation or serious illness),

7. Deposits made upon enrolment into a course are non transferable to another course. Should you wish to alter your class to a different course you will be required to pay a further and separate deposit.

8. A request to transfer a payment for a particular course to a different course will only be considered by The Actors Pulse if made two (2) weeks prior to the commencement of the Term in which the courses are to be conducted.

9. Persons enrolling in The Actors Pulse for the first time are not eligible to “Pay by Installment”. Full payment for the whole term is required from persons enrolling for the first time.

10. I agree to pay a deposit for each course I select, within five (5) working days of The Actors Pulse confirming that my enrolment has been accepted(please see Schedule 2, attached)

11. I elect to pay the total fees due, for the whole term, at least 14 days prior to commencement of term to takeadvantage of Early Bird prices.

• a. I acknowledge that if I fail to pay at least 14 days prior to commencement of term I will no longer be eligible for Early Bird prices
• b. I acknowledge that if I fail to pay Early Bird prices at least 14 days prior to commencement of term I will pay the full tuition fees (course price) for the term

12. I understand that:

• a. late payment will mean that I will be excluded from classes until payment is received
• b. failure to pay within 30 days of a course commencing will mean that I will be excluded from The Actors Pulse and I will not receive a refund of my deposit
• c. if I qualify for Pulse membership or Package deals, I will pay in accordance with the schedule of fees and payment times agreed with The Actors Pulse

13. I acknowledge I have read this enrolment form, including the terms and conditions in schedules 1 and 2, and agree to fulfil my obligations outlined therein.

Eligibility to Enroll

14. Children under the age of eighteen (18) must have the written consent of their parent or guardian

15. Acting teachers from other institutions (whether private or government) are ineligible to enrol in courses conducted by The Actors Pulse unless they inform The Actors Pulse, in writing, of the following: where they have studied, where they have taught (and/or are currently teaching), for how long they have been teaching, what they have been teaching (and/or are currently teaching).

16. Actors are ineligible to enrol in courses/ classes conducted by The Actors Pulse unless they inform The Actors Pulse, in writing, of the following: where they have studied, what professional work they have done, as an actor.

17. Students and/or Parents/Guardians agree that they have assessed the activities that make up the acting classes and warrant that they are physically and mentally capable to participate in the acting classes. Students warrant that they do not suffer any physical, mental or health condition that could be aggravated, worsened or impaired by their participation in the acting classes run by The Actors Pulse.

18. If clauses 14 to 17 apply to you The Actors Pulse will review the information you provide and determine if your enrolment will be accepted.

Acceptance of your Enrolment

18. Applications for enrolment must be submitted two (2) weeks prior to commencement of the course

19. The Actors Pulse will notify you within ten (10) days of you submitting you application form as whether or not your application has been accepted.

20. If your application is not accepted and you have paid fees, then your fees will be refunded in full.

21. The Actors Pulse reserves the right to refuse entry into any of its classes, courses and workshops.

Intellectual Property:

22. The rights of all works produced by The Actors Pulse during and associated with the conduct of its business remain with The Actors Pulse, including but not limited to all material produced during face-to-face training and material recorded during online training, and/or other digital means (eg. Zoom meetings)

23. The rights of all works produced by students within The Actors Pulse courses/classes, including assessment materials, film scripts, compositions and performances remain with The Actors Pulse.

24. The Actors Pulse is permitted to use any still image or moving image taken by The Actors Pulse or its students in any classes or from monologue nights, scene nights, fund raising and social events organised by The Actors Pulse for, but not limited to, the following:

• a. advertising, marketing or leaflets;
• b. website/social media promotions.

21. If an actor or acting teacher is permitted to enrol in a course, they are not to use any materials or teaching techniques learnt through their participation in The Actors Pulse courses, for their own training and teaching purposes, whether through their association with another institution or in a private teaching capacity. The Actors Pulse reserves all rights to protect its intellectual property.

22. Students (whether past or present) are not permitted to disclose information about The Actors Pulse programs and teaching methods to other institutions or persons who conduct acting classes and/or industry competitors. Failure to comply with this clause may result in:

• a. exclusion of a student from enrolment;
• b. immediate expulsion of a student who breaches this clause;
• c. legal action by The Actors Pulse.

Privacy:

23. Students are required to comply with The Actors Pulse Privacy Policy (accessible on The Actors Pulse website or from the office).

24. Students are not permitted to record classes whether taught face-to-face or via online video teleconferencing platforms (eg. Zoom) or any other form of internet / video link communication. Recording includes, but is not limited to, recording using:

• i) in-built facilities in the video teleconferencing platform and;
• ii) any other device such as a smart phone, camera, video or audio recording device.

Failure to comply with this clause may result in:

• a. expulsion from The Actors Pulse;
• b. legal action The Actors Pulse and/or third parties...

25. The Actors Pulse and its directors and officers will not be held liable for loss, disclosure or use of video footage and the like, which results from the actions of third parties such as other students who disregard The Actors Pulse terms, conditions and policies or “hackers”.

The Conduct and Scheduling of Classes:

26. The Actors Pulse courses may be delivered face-to-face or entirely online and via email correspondence at the discretion The Actors Pulse.

27. The Actors Pulse may change the duration and/or times of classes and/or terms with five (5) days written notice.

28. If The Actors Pulse is unable to deliver a component of any of its courses, The Actors Pulse reserves the right to substitute it with a similar component. This includes, but is not limited to the tutor advertised being replaced with another tutor.

29. The Actors Pulse reserves the right to cancel or terminate the whole or part of a course. If the classes / courses are cancelled or terminated, The Actors Pulse will refund students the equivalent proportion of their tuition fees. The refund will be processed within 45 days of the cancellation or termination.

30. Public holidays are factored into the pricing structure to ensure that students are not disadvantaged should one of the classes fall on a public holiday.

31. Additional classes will not be conducted in lieu of classes that fall on public holidays. Class content and scheduling takes into account public holidays.

32. Make up (substitute) classes will not be held if you miss Camera, Voice, Movement, New York Teen Acting Classes or Teen Voice Classes.

33. Make up (substitute) classes are not available for intermediate or advanced Meisner classes

34. For Beginner Meisner classes: When a student provides proper notice of an absence from a class they are entitled to an additional class in lieu of the missed class, provided the additional class is taken before the end of the term. Failure to do the additional class in the current term means the loss of that additional class.

35. Intermediate Meisner students must take a minimum of two Meisner classes per week.

36. For Meisner and Screen Acting students: a midterm enrolment will only be accepted if you can complete nine (9) weeks consecutive tuition from the date of your first class.

37. For Voice and Dialect students: there are four terms per year and each term is 8 weeks long

38. For Movement students: there are four terms per year and each term is 8 weeks long

39. Advanced students must take a minimum of two Meisner and one screen class per week

Your Attendance and Assessment

40. Students are required to actively participate in all aspects of the course and submit their work for assessment on time. Students are required to commit to putting in all reasonable effort to improve their acting skills. The Actors Pulse will not be held responsible where a student’s lack of progress is as a result of their commitment and effort or lack thereof.

41. You are required to comply with and abide by The Actors Pulse Policies, which are displayed on a wall in each of the studios and abide by The Actors Pulse Rules and Guidelines, which are accessible from The Actors Pulse office and are in The Actors Pulse First Year Journal and the New York Teen Acting Class Journal. Upon advancement into the Intermediate and Advanced levels, students are also required to abide by the additional Intermediate and Advanced Rule and Guidelines, which are accessible from The Actors Pulse office.

42. You should give notice of being late or absent from a class prior to the commencement of class. Failing to do so may result in a minimum of one (1) class suspension.

43. All video submissions must be handed in on time. If you cannot submit your work by the due date you are to advise The Actors Pulse general email address (admin@theactorspulse.com)before the due day and time. Work which is not submitted within two (2) business days of the due date will not be assessed.

44. Assessments of your works will be provided in the following manner

• a. class performances – real-time verbal feedback during and/or at the end of a class
• b. self tapes – usually within one week of receiving the self tape
• c. book reports (submitted by beginner students) – as required only; and if required, then by way of verbal feedback
• d. monologue reports (submitted by intermediate students) – as required only; and if required, then by way of verbal feedback
• e. scene reports (submitted by intermediate students) – as required only; and if required, then by way of verbal feedback

45. If you choose to discontinue classes at The Actors Pulse you may do so for any future terms you are enrolled into and must give written notice at least three (3) weeks before the end of the current term. If it is Term 1 you wish to discontinue classes from you will need to give written notice by the end of Week 6 of Term 5 of the previous year. Written notice can be via email to admin@theactorspulse.com or by completing and submitting The Actors Pulse cancellation form (available from The Actors Pulse office).  If you fail to give The Actors Pulse notice as set out in this clause, The Actors Pulse will not refund tuition fees (if any would otherwise be due and owing) and may refuse an application for future enrolment.

46. The Actors Pulse reserves the right to refuse entry into any of its classes, courses and workshops and/or to exclude students from courses (including part way through courses) if:

• a. it is determined by The Actors Pulse that a student:-
  • (i) has a conflict of interest with The Actor’s Pulse, or
  • (ii) acts contrary to the interests of The Actors Pulse, or
  • (iii) fails to accurately complete the required enrolment forms, or
  • (iv) fails to comply with terms, conditions and policies of The Actors Pulse, or
• b. the relationship between the student and The Actors Pulse breaks down irretrievably, or
• c. for any other justifiable reason, at the discretion of The Actors Pulse.

47. Where The Actors Pulse determines that a student is to be excluded / expelled then The Actors Pulse will refund course fees, which will not be used for the teaching of that student, on a pro rata basis, within 45 days of the student being notified of their exclusion / expulsion.

Your Contact Details:

48. You are required to notify The Actors Pulse of changes to your personal details.

49. The Actors Pulse will not be held responsible for lost or miscommunication because of your failure to provide accurate contact details and to keep such details up to date. Terms & Conditions and Policies & Procedures

50. The Actors Pulse may update and change terms, conditions and policies at any time. Updates will

• a. be published on The Actors Pulse Website; or
• b. be provided to you, if you are required to sign acceptance of those changed Terms & Conditions; or
• c. be advised verbally during classes.

51. If you do not understand any terms, conditions or policies you have an obligation to seek clarification. Please email your questions to info@theactorspulse.com.

52. The Actors Pulse Terms & Conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to The Terms & Conditions or their formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of New South Wales unless Commonwealth laws prevail and are applicable.