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 David Ross Acting ACADEMY – Terms of Business

 

 

 

1.       Definitions

 


1.1     In this Agreement, unless the context requires otherwise:

 


“Agreement” means these terms together with any Booking accepted by us; “Attendee” means any Child or Guardian who attends any Class; “Class” means drama, acting, performing arts and related activities class for children; “Coach” means our acting coach running the Class; “Guardian” means you or any replacement carer for your Child that you nominate; “Booking” means any booking or enrollment form for Classes from us; “Child” means any child who attends the Classes or any part of them with your consent or as a result of your Booking, whether or not the child is your child and whether or not you are the Child’s Guardian; “Fees” means the price for the Classes as set out in the Booking; “Unacceptable Behaviour” means being violent, aggressive, abusive, unco-operative or a danger or potential danger to himself or any other person or being late for Classes unless agreed in advance; “We / us / our” refers to David Ross Acting Limited, a company registered in England (no. 6136569) whose registered office is at 83 The Avenue, Sale, Cheshire, M33 4GA; “You / Your” refers to you, the person, company or other legal entity who requests Classes from us or makes a Booking.

 


1.2     In this Agreement, except where the context requires otherwise words denoting any gender include all genders and words denoting the singular include the plural and vice versa.

 


 

2.       Bookings and Cancellations

 


 

 

 

2.1     The Booking is an offer by you to enter a contract for the Classes from us subject to this Agreement. The Booking will lapse unless accepted by us within 14 days of receipt by us of the Booking. Unless stated otherwise, all Bookings for Classes will be for a full term (or, by arrangement, for the remainder of a term if a Child joins Classes part-way through a term). Please let us know by the end of term if your Child will not be returning the following term.

 


 

2.2     There will be no discount or refund for Classes at which your Child does not attend for any reason.  Please inform us of any planned absences, and inform us prior to the Class if possible of any unplanned absences.  However, we may consent at your request to transfer your Child’s place on a permanent basis.

 


 

3.       Our Classes

 


3.1     We aim to manage our Classes to a high standard.  Please contact us if you have any complaints or suggestions.

 


 

3.2     We will ensure that all Coaches are suitable adults who have been police CRB checked or as required by law.

 


 

3.3     We will use reasonable endeavours to commence Classes at any agreed or stated time but time is expressly not of the essence.  

 


 

3.4     We reserve the right to vary the time, date or venue of a Class or to cancel a Class due to circumstances, but in a cancellation situation we will refund to you the price for that Class or offer you a credit for a future Class, at your option.

 


 

3.5     You agree that Classes and your Attendees may be photographed or videoed within the Class unless you tell us otherwise.

 


 

4.1     All property and belongings of Attendees remain at all times the responsibility of the Attendees.  We accept no responsibility or liability for any loss or damage, no matter how caused, to your property or belongings or those of Attendees.

 


 

 

 

5.1     You are responsible for the behaviour of your Attendees and for ensuring that they were appropriate and comfortable clothing at all Classes.  Mobile phones are permitted at Classes but must only be used by Attendees for emergency purposes and must be silent.  Attendees may bring food and drink provided that these are only consumed at set times and in designated areas of the venue.

 


 

 

5.2     In the event that any Attendee is or appears in the opinion of the Coach to be carrying out or attempting to carry out any Unacceptable Behaviour, then we or the Coach may ask that Attendee to leave that Class or, depending on the behaviour, may terminate this Agreement for all future Classes. In such circumstances, without prejudice to our other rights and remedies, you must still pay to us the full Fees for the Booking and we will have no responsibility or liability for any losses or costs to you or any Attendee for incomplete provision of the Class or Classes.

 


 

5.3     You accept responsibility and will indemnify us for any losses, costs, expenses or for damage to or loss of our (or the venue owner’s) equipment or property caused or incited by you, your Child or any Attendee no matter how the damage is caused. 

 


 

5.4     You acknowledge that the Guardian is responsible at all times for your Child, including ensuring safe arrival and pick-up from Classes. You are responsible for notifying all medical or physical conditions of your Child that may be relevant to any Class.

 


 

 

 

 

6.       Fees and Payment

 


 

6.1     The Fees for the Classes are as set out in the Booking but can be increased at any time by us after giving one term’s notice.

 


 

6.2     You must pay for all Classes for the entire term in advance of the start of the first Class at which the Attendee attends in that term using the agreed payment method. We reserve the right to exclude any Child from Classes unless and until we have received payment in full in advance. 

 


 

6.3     Unless we agree otherwise in writing, you must pay any unpaid parts of the Fees to us within 14 days of receipt of an invoice.

 


 

7.       Limitation of Liability

 


 

7.1     Our liability to you in respect of death or personal injury resulting from our negligence shall not be limited. Other than in those respects, our total liability to you shall not exceed the lesser of three times the Fees or the money actually received by us from you for Classes during the previous 12 months.

 


7.2     We shall have no liability to you for any indirect or consequential loss, damage or expense, loss of profits, goodwill, revenue, production, anticipated savings, use or contracts.

 


7.3     The exclusions and limitations of liability set out in these terms exclude and limit all of our liability to you for all matters arising in connection with this Agreement whether in contract, tort (including negligence), for breach of statutory duty or otherwise.

 


8.         Situations Beyond Reasonable Control

 


8.1     Neither party shall be liable for any delay or failure to meet its obligations under this Agreement (other than a payment obligation) due to any actual cause or situation (or one which the party reasonably believes is imminent) outside its reasonable control, which it must notify to the other party as soon as possible.

 


 

9.       Miscellaneous

 


 

9.1     This Agreement applies to the exclusion of any other terms or subject to which the Booking is made or purported to be made by you.  No variation to these terms is binding unless agreed in writing between authorised representatives of you and us.

 


 

9.2     We may subcontract, assign or transfer this Agreement, our obligations or rights to a competent third party or associated company in whole or in part.  You may not assign or transfer any of your rights or obligations without our written consent.

 


 

9.3     This Agreement set out the entire understanding of the parties with respect to their subject matter and replace any prior agreements or understandings or representations (unless fraudulent). All warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 


 

9.4     This Agreement does not confer benefit on any third party and excludes the Contracts (Rights of Third Parties) Act 1999.

 


 

9.5     If any provision of this Agreement is illegal, invalid or unenforceable, the validity or enforceability of any other provision of this Agreement shall not be affected.

 


 

9.6     This Agreement is governed by English Law and is subject to the exclusive jurisdiction of the English courts

 

© David Ross Acting Ltd. 2010

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