Terms and Conditions

By enrolling your child at The Academy Performing Arts Ltd, you accept these terms and conditions (“Terms & Conditions”) and sign your agreement to them as an ongoing agreement between you and The Academy Performing Arts Ltd (“Agreement”). The Agreement is made between the parent/guardian (“Parent”, “you” or “your”) of each enrolled student (“Student”) by a Parent and The Academy Performing Arts Ltd (“The Academy”, “The Academy Tenterden”, ”we”, “our”, “us”) (trading as The Academy Performing Arts Tenterden) and is valid at all times whilst the Student is enrolled on any activity with The Academy and until such time as written notice is given in accordance with these Terms & Conditions.

1 INTRODUCTION

1.1 These Terms & Conditions apply to all of The Academy Performing Arts LTD schools, Courses, Holiday Workshops/Camps, Workshops and any additional products and/or services offered by The Academy Tenterden and/or its group of companies in the future for any Student (collectively “The Academy Performing Arts Activities”)

1.2 For participation of a Student in The Academy Activity all Parents are required to consent to these Terms & Conditions by signature or by ticking the acceptance box for these Terms & Conditions when submitting an electronic application form online. We may update these Terms & Conditions from time to time.

1.3 If you are an existing Parent of The Academy Tenterden please read these amended Terms & Conditions carefully. Unless you contact us within fourteen (14) calendar days of receipt of these new Terms & Conditions, they shall supersede and extinguish all previous agreements between us and shall govern the contractual relationship between us going forwards. Your continued enrolment of a Student in The Academy Activities shall be deemed as acceptance of these Terms & Conditions and willingness to be bound by the same.

1.4 Any changes to these Terms & Conditions require the written consent or approval of The Academy Performing Arts Tenterden.

1.5 A “Course” refers to a course of classes offering tuition in dance, drama, and singing which will be delivered during the Term. Course classes will take place once per week for a certain number of hours, as detailed at the time of booking.

1.6 “Holiday Workshop/Camp” refers to Workshops run by some The Academy Tenterden schools during the breaks between Terms.

1.7 “Principal” refers to the principal of The Academy Performing Arts Tenterden school.

1.8 “Term” refers to one normal academic term of The Academy during which Courses are run.

1.9 “Term Dates” refers to the dates for the relevant Term.

1.10 “Workshop” refers to a one-off course offering tuition in dance, drama, singing and/or other performing arts-related activities which will be delivered for a certain number of hours per day for a period of between one (1) and five (5) consecutive days and can run at any time throughout the year.

2 ENROLLING A STUDENT IN THE ACADEMY ACTIVITIES

2.1 To apply for a place for a new Student at The Academy, the Parent must agree to these Terms & Conditions and submit an application form online in-person to a member of staff or by post. 2.2 Each Student’s place is allocated on a ‘first come, first served’ basis. Applications must be accompanied by the appropriate payment/transfer, as set out for each of The Academy Activities below (“Fee”). The Fee to accompany a new Student’s application form for term enrolment: Topaz – £110 (as at 7th September 2019) Amber, Ruby, and Sapphire – £160 (as at 7th September 2019) For Holiday Workshops and Summer Camps, fees may vary, please check with the Principal.

2.3 If The Academy is unable to accept the Student due to capacity reasons, the Student may, at the Parent’s discretion, be placed on a reserve list. Before a student is placed on a reserve list, the Principal shall inform the Parent whether

(i) the fee will be retained by The Academy whilst the Student is on the reserve list, or

(ii) the fee will be refunded to the Parent and that the Parent may be required to repay the fee at a later date if a place is confirmed. If the Parent does not wish for the Student to be placed on a reserve list the fee shall be refunded. In any event, fees shall always be refunded within fourteen (14) days of informing the Parent that the fee is refundable for capacity reasons.

2.4 From the date the fee is due, you have a fourteen (14) calendar day cancellation period (“Cancellation Period”) to change your mind and cancel the Student’s place on the The Academy Tenterden Activity, subject to clauses 2.6 and 2.7 below.

2.5 After the Cancellation Period expires, the fee is non-refundable and will be retained by The Academy Tenterden.

2.6 If the start date of a The Academy Tenterden Activity falls within the Cancellation Period and The Academy Tenterden Activity has finished before the Parent notifies The Academy Tenterden of their desire to cancel, then the fee is not cancellable or refundable.

2.7 If the start date of The Academy Tenterden Activity falls within the Cancellation Period and some of the sessions of The Academy Tenterden Activity have been delivered before the Parent, within the Cancellation Period, notifies The Academy Tenterden of their desire to cancel, then the fee may be partially refunded in proportion to the number of sessions delivered.

2.8 Times, current Term Dates, fees, and all relevant course details for booking The Academy Tenterden Activities will be confirmed in the Acceptance Letter, “Invoice”, or the relevant “Venue Sheet” for each The Academy Tenterden Activities, along with a receipt for payment of the fee.

2.9 All such terms and conditions detailed in the Invoice, the Acceptance Letter and/ or the relevant Venue Sheet shall be incorporated into the Agreement and shall be deemed to have been accepted by the Parent upon payment by, or on behalf of, the Parent.

2.10 Fees for The Academy Tenterden Activities may vary between The Academy schools.

3 PAYMENTS

3.1 Invoices for term fees will be emailed to you in advance of the due date.

3.2 Monthly payments can be made in respect of the term fees. These are spread over a (12) month period.

3.3 All payments, unless agreed in advance by the Principle, must be received by the first day of the Term or Holiday Workshop/Camp, by one of the following methods:

1. Bank transfer;

2. Credit card;

3. Debit card;

4. Cheque;

5. Direct Debit;

6. Standing Order;

7. Cash;

3.4 Term fees not paid on time may incur a small administration charge.

3.5 In times of financial hardship, please discuss with the Principle who may be able to offer assistance.

4 COURSES

4.1 The Academy may, at its discretion, offer the second child of the same family attending a course at the same time, a sibling discount of up to twenty percent (20%) on Course fees. This discretionary sibling discount will only apply if The Academy Tenterden is notified of the sibling relationship at the time of enrolment.

4.2 Once enrolled on a Course, Term Dates for the next Term will be made known to Parents in writing at the end of the current Term.

4.3 If a Course session falls on a bank holiday then a replacement class will also be added onto the end of the current Term timetable or the subsequent Term.

4.4 Unless The Academy Tenterden is otherwise notified in writing by you before the last week of the Course, a Student is automatically re-enrolled onto the Course for the following Term.

4.5 If you do not notify The Academy Tenterden before (1) week of the start of the Course that you do not wish a Student to be re-enrolled onto the following Term of the Course, then you will remain liable for half of the full Term fees in respect of the next Term, regardless of attendance of the Student.

4.6 Payment is due for the next Term or Course fees before the first day of the Term, subject to any alternative payment agreements you may have with the Principal.

5 COURSE TRIAL PERIODS

5.1 Where a new Student is attending a Course for the first time, subject to availability, The Academy allows a one (1) session trial (“Trial Period”) so that the Student may try the first (1) session of the Course. The Trial Period only applies to Courses for new Students only.

5.2 When a Student has completed the initial trial and wishes to enrol the full termly fee is payable or pro-rata if starting midterm.

6 WORKSHOPS & HOLIDAY WORKSHOPS/CAMPS

6.1 Parents should contact The Academy to confirm if it is organising Workshops and/or Holiday Workshops/Camps.

6.2 Dates and times of Workshops and Holiday Workshops/Camps are released in advance on The Academy website.

6.3 For the avoidance of doubt, the Trial Period and sibling discounts detailed in sections 3 and 4 above do not apply to Workshops or Holiday Workshops/Camps.

6.4 If you cancel a Student’s place on a Holiday Workshop/Camp or Course outside of the Cancellation Period and within fourteen (14) calendar days of the commencement of the Holiday Workshop/Camp or Course, the Deposit will be retained by The Academy Tenterden and you will be required to pay fifty percent (50%) of the balance of the fees for the Holiday Workshop/Camp or Course.

6.5 If you cancel a Student’s place on a Holiday Workshop/Camp or Course outside of the Cancellation Period and within seven (7) calendar days before the commencement of the Holiday Workshop/Camp or Course, the Deposit will be retained by The Academy and you will be required to pay the full balance of the fee.

6.6 Please note that clauses 6.4 and 6.5 above are subject to your statutory cancellation rights as set out in clause 2 of these Terms and Conditions.

7 USE OF PERSONAL INFORMATION

7.1 The personal data (as it is defined in the Data Protection Act 2018) of a Student and/or Parent will be processed by The Academy, including any group companies and/ or the Principal(s) of its franchised schools in accordance with its Privacy Policy, which can be found here. A hard copy of the Privacy Policy can be requested from office@theacademytenterden.com

7.2 The Academy Tenterden owns all the rights, title and interest in and to its websites, including software, text, and media and its trademarks, logos and brand elements. Nothing within these Terms & Conditions affects or licenses the ownership of these rights. Any intellectual property created during any Course, Workshop, or Holiday Workshop/Camp is owned by The Academy Performing Arts Tenterden.

8 HEALTH AND INJURIES

8.1 Students participate at their own risk and are obliged to inform The Academy and its staff of any existing injuries or medical conditions. All application forms must have any known medical conditions stated and any changes to such information must be notified to The Academy immediately in writing.

8.2 If you are unsure whether a student should participate in any activity please consult the Student’s GP before enrolling the Student on The Academy Activities.

8.3 Any medication left on the school premises must be clearly labeled and the Student should unless The Academy has agreed in writing otherwise, be able to administer it themselves.

8.4 Students must wear suitable footwear and clothing at all times.

8.5 If a student is unwell or has an accident requiring emergency treatment, the Parent will be contacted via the emergency contact details provided on the enrolment form. This number must always be contactable whilst the Student is attending The Academy Activities.

8.6 Parents are solely responsible for ensuring that the emergency contact details on The Academy records are up to date.

9 PERSONAL PROPERTY

9.1 Students are obliged to take care of their own belongings. The Academy can accept no liability for lost or damaged belongings.

9.2 You acknowledge that the maximum aggregate liability of The Academy to a Student or Parent under these Terms & Conditions shall not exceed the The Academy Activity fee to which a claim relates.

9.3 The liability of The Academy and that of its staff is restricted to class time only and then only to gross negligence.

10 GENERAL

10.1 The Academy Tenterden may, at its own discretion, refuse a Student entry to a The Academy Activities or session if it is felt that the Student’s behaviour is unacceptable.

10.2 The Academy Tenterden reserves the right to make changes to the timetable and to the teaching staff from the advertised program in the event of illness or other circumstances beyond our control.

10.3 Where a session of a The Academy Tenterden Activity has to be canceled by The Academy Tenterden, Principals will give as much notice as possible. In the event of a last-minute session cancellation, you will be notified by email, text message, a call to your mobile phone, or through a designated The Academy social media site. Parents must ensure that they provide their Principal with up-to-date contact details.

10.4 It is occasionally necessary to change the time and/or venue of The Academy Tenterden Activity session. This will only be done if absolutely necessary and The Academy Tenterden will do its best to keep class times and locations as similar as possible but unfortunately, this cannot always be guaranteed.

10.5 In the event that a student is unable to attend a The Academy Tenterden Activity session, due to sickness, holiday, or a decision by the Parent or Student not to attend, The Academy Tenterden regrets that it is unable to refund any payment.

10.6 All Students must be collected on time after a session. The Academy Tenterden is unable to supervise Students after a session and consistent late collection may result in additional charges.

10.7 The Academy Tenterden Activity fees are reviewed annually and may be increased each year.

10.8 These Terms & Conditions, together with any Invoice, Acceptance Letter and/or Venue Sheet, constitute the entire agreement between the parties which supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

10.9 In the event that one or more of the provisions of the Agreement are found to be unlawful or otherwise unenforceable, those provisions shall be deemed severed from the remainder of the Agreement. 10.10 The Agreement shall be governed by, and construed in accordance with, the laws of England and Wales and any dispute, proceedings or claim shall fall within the jurisdiction of the English courts.