Terms and Conditions

 Section A – General

 This section sets out the Terms and Conditions by which Yourstage Drama Ltd. agrees to provide products and services to you and your child.

1. When you book, or purchase any product or service from us, you are indicating your agreement to these Terms and Conditions. These are included in our Information Email and can also be found on our Website. It is your responsibility to familiarise yourself with them before you book or purchase any product or service from us.
2. We reserve the right to modify, cancel or append to these Terms and Conditions at any time, and upon doing so shall provide you with notification that there has been a change. The current Terms and Conditions always appear on our Website. On renewal of our courses or purchase of any Yourstage Drama product or service, the most recent Terms and Conditions shall apply.

 Section B – Definitions

 ‘Holiday Course’ or ‘Course’ refers to courses which take place during school holidays throughout the year.

1. ‘Class’ refers to our Saturday morning classes. Saturday classes are broken down into the following age groups; Yourstage Teens (11-16 years), Yourstage Too (6-10 years) and Yourstage Tots (3-5 years).
2. ‘Feedback Form’ is a form sent to you by us at the end of term for classes or the end of the week for courses.
3. ‘Inform’, ‘Notify’, ‘Communicate’ and ‘Contact’ are the processes by which we exchange information, and enter into contracts regarding our products and services.
4. ‘Online Enquiry’ is a form filled out regarding interest in our Classes or Courses via our website.
5. ‘Acknowledgement Email’ is the email which directly follows an Online Enquiry.
6. ‘Merchandise’ is a physical product related to our activities sold by us.
7. Our ‘Website’ refers to www.yourstagedrama.com.
8. ‘Yourstage Drama’, ‘Yourstage’, ‘we’, ‘us’ or ‘our’ refers to Yourstage Drama Ltd. and any of its directors, officers, employees, managers, subcontractors, parent, subsidiary and affiliated companies.
9. ‘Registration Form’ is the online form you complete when registering your child on a course.
10. ‘Sibling’ is a younger brother, sister, half-brother, half-sister, step-brother or step-sister of a particular child. This encompasses adopted, fostered and Looked After Children. The term does not extend to cousins, friends or other acquaintances.
11. ‘Term-Time’ denotes the periods throughout the year during which we run regular Saturday classes as stated on our Website.
12. ‘Vouchers’ are vouchers given pursuant to Section G.
13. ‘Waiting List’ is a list maintained by us comprising children who wish to attend a particular class or course which is over-subscribed.
14. ‘You’ refers to a person or organisation buying products or services from us.
15. ‘Your Account’ is a notional account you have with Yourstage Drama reflecting purchases you have made from us, payments we have received from you or payments made on your behalf and credits applied by us or transferred to you. If Your Account is in credit, you can use the amount of this credit against any purchases of Yourstage Drama products and services for your child, their Siblings or an unrelated child.
16. ‘Your child’ is any child for whom you are nominated as an authorised adult on the Registration Form regarding your dealings with us and we therefore deem to be in your care. ‘Children’ shall be construed accordingly.

 Section C – Saturday Classes

 The following provisions shall apply in relation to Saturday Classes only.

1. Trial period

We will offer your child the option of a trial period in a class of their choice. The trial period will be at a cost of £60 for Yourstage Too and Yourstage Teen age children and a cost of £30 for Yourstage Tot age children.  The Trial Period will be for a maximum of 3 consecutive classes.  This is providing:

1. There is availability in the Class;
2. When the Session takes places place, your child will be at least:

– three years of age (in the case of Yourstage Tots)

– five years and six months and less than eleven years of age (in the case of Yourstage Too);

– ten years and six months and less than 17 years of age (in the case of Yourstage Teens)

and

1. Your child has not previously attended any other Trial periods.
2. You must book the Trial Period in advance with the Yourstage Drama admin team over the telephone or online on our Website.
3. At the time of booking, the Trial Period must take place during the first three weeks of Term-Time.
4. You must provide us with such contact, identification and health details as are requested by us, so that we can assume responsibility for your child during the Trial Period.
5. You must submit a Registration Form prior to Trial Period ensuring that it is accurately and fully completed.
6. If your child refuses to take part in one of the classes, this will still be counted as part of the Trial Period
7. Once your child has attended the Trial Period the rest of the terms fee will be due for payment before the child is able to return to the ten week term.

 Signing up

Booked Classes. 

1. You must book a ten class term at any one time. Classes will run on consecutive Saturdays during Term Time. When classes do not take place, these will be confirmed at the start of the course.
2. Details of Yourstage Drama Term Dates can be found on our Website. It is your responsibility to make yourself aware of these.

  Payment

3. The cost of Booked Classes and valid methods of payment are provided on during the booking process.
4. The full cost of Booked Classes minus any agreed discounts, must be paid before the first booked class.
5. If full payment is not received by the end of the first Booked Class, we reserve the right to suspend all Classes and pursue payment for the full amount agreed at the time of booking.

 Discounts

4. Limited discounts are available in certain circumstances. Only one discount can be used against the cost of Booked Classes at any time.
5. All discounts must be claimed at the time of booking. No retrospective discounts or refunds will be offered.

 Merchandise

5. All Merchandise must be paid for at the time of purchase.
6. No refunds for merchandise will be offered.
7. Merchandise proven to be faulty will be replaced if returned within seven days of purchase.
8. A Yourstage Drama T-shirt must be purchased and worn by the child to every Booked Class. We reserve the right to refuse admission without refund if a child is not wearing a correct Yourstage Drama T-shirt.

 Renewal

6. We will send you a Renewal Email on or after your child’s eighth Class. It will also act as notification to you, to book a further ten Class term.
7. Please note that if payment for a further ten Classes is not received by the current tenth Session, no further Classes will be booked and your child will be automatically withdrawn from the Class. Further attendance will require rebooking which is subject to availability.

 Changes and Cancellations

7. You must notify the Yourstage Drama admin team directly by telephone or email at least three days prior to cancellation. Any other method of informing us will not be treated as notification for the purposes of this paragraph. Missed classes
   
8. Sessions missed for any reason may not be added on to any further booked classes under any circumstances.

 Content

9. We reserve the right to alter, vary, omit or substitute any part or parts of any class or performance described in any promotional or other materials published by us or on our behalf.
10. In the event of any change in any content as described above, we will have no liability to refund any part of any fee or deposit paid. Waiting Lists
11. If your child is on a Waiting List, this does not guarantee a place in a particular Class.
12. We intend to contact customers and prospective customers on the Waiting Lists in this order: Yourstage Drama customers whose sibling/s attend another Class in the same Yourstage Drama School; then other children on the Waiting List.

 We accept no responsibility and make no guarantees to the order in which places are offered.

Section D – Holiday Courses

 The following provisions shall apply in relation to Holiday Courses only.

1. Payment
2. The cost of Holiday Courses and valid methods of payment are given in the Acknowledgement Email.
3. The full cost of the Holiday Course minus any agreed discounts must be paid at the time of booking the course.
4. If full payment is not received at the time of booking the Holiday Course, we reserve the right to cancel the booking.

 Roles

2. While we endeavour to offer most children a speaking or singing solo role, this is not always possible and bookings contain no guarantees to this effect.

 Missed sessions

3. No refunds are available for missed sessions during a Holiday Course under any circumstances.

 Changes and cancellations

If you have booked a Saturday class or Holiday course and you now wish to cancel:

1. If you inform us between one and two weeks before the commencement of the Holiday Course, you will forfeit 50% of the amount paid.
2. If you inform us less than one week before the commencement of the Holiday Course, you will forfeit the entire amount paid for the course.
3. If you have booked a Holiday Course and, before it commences, you inform us you wish to change your booking from one Holiday Course to another in the same holiday period, subject to availability, the payment of any difference in cost and our complete discretion, you may do so without financial penalty.

 Uniform

The relevant Yourstage Drama T-shirt must be purchased and worn to every Show Day of a Holiday Course. Children do not need to wear a Yourstage t-shirt every day during our holiday courses but must follow the Yourstage Clothing Guidelines. This means a t-shirt, tracksuit bottoms or leggings which allow free movement and trainers/ dance shoes as footwear.

 Section E – Exclusions (please note details in this clause are not exhaustive and final arbitration in all decisions is with Yourstage Drama)

 In the event that we consider:

1. you are in breach of any of these Terms and Conditions or any regulations issued from time to time by us;
2. the behaviour of your child is disruptive or likely to put other children or Yourstage Drama staff in danger; or
3. your behaviour towards us, other customers, children in their care or our suppliers, agents, managers, subcontractors or employees is disruptive, inappropriate, consistently negligent (including late collection of your child) or likely to bring us or any of our products or services into disrepute, we reserve the right to exclude your child from any Yourstage Drama activity or part thereof.
4. in the event that your child is excluded, no fees or deposits will be repaid to you and we reserve the right to seek payment of the balance of any fees due to us.

 Section F – Returned payments and refunds

 We will make an administrative charge of £7.50 to cover cheques returned unpaid or unreasonably disputed credit card payments or unhonoured Direct Debits.
In circumstances where a payment is returned:

1.  we reserve the right to exclude your child without refund until the amount of the returned payment is repaid in full; and
2. we reserve the right to claim the amount of the returned payment plus interest plus the cost of any free promotional items or merchandise issued to your child.
3. Refunds are issued in the form in which the original payment was made with the exception of cash which will be refunded by bank transfer.  All payments received via the booking system will be returned in full minus the administrative cost of 4.5% + £0.20p of the fee.  All payments received via bank transfer will be returned in full.  All payments made by Child Care voucher will not be refundable and will be kept on the child’s account as credit towards an alternative course.
4. We will process any refund within 28 days of notifying you that we are issuing you the refund.
5. No credits or refunds will be issued retrospectively.

 Section G Vouchers

 These refer to the types of Vouchers offered by Yourstage Drama.

1. Vouchers – these can be purchased direct from Yourstage Drama and can be redeemed on any course against the amount on the face of the voucher.
2. Voucher Prizes – these vouchers state the amount the voucher is worth or the course the voucher can be used for as well as the expiry date by which time the voucher must be redeemed.

In both cases:

1. vouchers entitle the owner to a discount off the face value of an order as stated on the voucher.
2. vouchers may not be issued where there is an outstanding balance on the

recipient’s account.

1. vouchers are not transferable and have no cash value.
2. vouchers cannot be used retrospectively.
3. vouchers must be used before the expiry date printed on them.
4. vouchers can only be applied to one order (i.e. cannot be split between several small orders).
5. no ‘change’ shall be issued if the order value is smaller than the voucher value.
6. vouchers are issued and accepted at our discretion.
7. the Vouchers scheme may be terminated by us at any time.

 Section H – Liabilities

 General Disclaimer

For the avoidance of doubt, all our products and services are provided on an ‘as is’ basis and save as expressly stated herein without representations, conditions, warranties or other terms of any kind, either express or implied, including, but not limited to, child development, non-infringement or title but excluding the implied warranties of satisfactory quality and fitness for a particular purpose.

 Cancellations and Venue Changes

1. We reserve the right to cancel any Class, Holiday Course, or other service at any time up to and including the date the activity starts. Should this occur we will endeavour to give you at least seven days’ notice and will attempt to offer you a viable alternative or will offer you a refund of any fee paid.
2. Occasionally it is necessary to temporarily change the venue of our Classes and Holiday Courses or any other activity. Where this occurs, we will endeavour to ensure that the alternative venue is no more than five miles from the usual location. If the distance is greater than five miles and, as a result, your child is unable to attend, subject to application in writing by you, we will credit Your Account with the amount you paid for the Missed Session.

 Health and Injuries

We accept children on the assumption that they are in good health and it is your responsibility to alert us to any medical complaint or history suffered by your child.  A new medical form must be completed and submitted prior to every course a child attends, even if the child has attended a previous course.

1. we do not accept responsibility for loss or damage arising from errors or omissions on the Medical form whether completed by you or by another person in charge of your child at the time of completion.
2. we do not accept liability for death or personal injury to any child attending Yourstage Drama or any activity related to Yourstage Drama whether organised by Yourstage Drama or otherwise save to the extent that such death or injury shall be caused by the negligence or default of any member of our staff or any other default on our part.
3. we are not able to accept children onto the course for a period of 24 hours after a child has suffered from sickness or diarrhoea.

 Personal Property

We do not accept responsibility for any loss of, or damage to, personal property belonging to you or your child irrespective of whether such possessions might be used by you or the child for the purposes of any Yourstage Drama activity, save-to the extent that such loss or damage shall be caused by the negligence, or default of any member of our staff or any other default on our part.

 Other Losses

We do not accept responsibility for any loss or expense due to circumstances beyond our control, including, but not limited to, delays in public transport, weather, quarantine, sickness, bereavement, strikes or other industrial action, terrorism, fire and riot.

Without prejudice to the other terms of this agreement, in no event (including our own negligence) will we be liable for any:

1. economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
2. loss of goodwill or reputation;
3. any other special, indirect or consequential losses; or loss to third parties.

 Limitations

1. No provision of these Terms and Conditions shall operate or be construed to operate so as to exclude or restrict our liability under the provisions of any UK legislation in force from time to time which are not capable of being excluded or restricted. Save as otherwise required by UK legislation, our total liability for any loss, damages, costs or expenses shall not exceed an amount equal to the invoice value for the services provided.

 Third Parties

A person who is not party to these Terms and Conditions or any agreement or document incorporating these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

Section I – Miscellaneous

General

 These Terms and Conditions and any documents referred to herein constitute the entire agreement between you and us in connection with your booking, purchase or use of our products and services superseding any prior agreements between you and us.

1. You agree that you have entered into these Terms and Conditions without reliance on any representation, warranty or undertaking by us which is not set out expressly in these Terms and Conditions.
2. We shall not be under any liability for any failure to Yourstage Drama any of our obligation under these Terms and Conditions if we are prevented from or delayed in so doing due to any circumstances beyond our reasonable control, provided that if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the contract.
3. If any payments which are due under these Terms and Conditions are not made by their respective due date, interest shall accrue on the full amount outstanding at a rate of 8% above the base lending rate of the Bank of England from time to time, from the due date until the date of actual payment.

 Contact

 You may contact us by calling the relevant telephone number found on our Website, or by email. We will be deemed to have received any communication from you, in the case of communication by telephone at the time of you speaking to a telephone operator

We may contact you by post, telephone, email, text or fax. Notification sent to you by post will be deemed received by you within two working days. Any other notification will be deemed received by you within one working day.

1. It is your responsibility to ensure that we have current contact details for you and that all adults authorised to pick up your child. You must also keep us informed of any changes in the health or other relevant circumstances of you or your child.
2. We may accept any instructions which are given to us regarding a child from anyone who is nominated as an authorised adult on the Registration Form for that child.

 Law and Jurisdiction

Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

1. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect.
2. Our relationship with you is subject to English law and you and we irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.