FORRESTER ACADAMIES LIMITED
TERMS AND CONDITIONS
The following terms and conditions apply to all parents or guardians (“you”) of any child attending sessions and/or workshops (“Sessions”) organised by Forrester Academies Limited trading as Performing Stars Academy (“we” or “us”). Please ensure you have read and understand the following and please keep a copy for your records:
1. Acceptance of terms and conditions
By completing an enrolment form or by your child attending a Session with us, you accept these terms and conditions and they will form part of the contract between us. The contract between us will be formed upon the earlier of you completing the enrolment form and your child attending a Session and will continue until terminated by either party in accordance with these terms. You will ensure that your children and any other children you bring to the Session will follow the general rules set out at the end of these terms and conditions and any rules that are specific to a particular venue.
We reserve the right to vary these terms and conditions at any time upon notice to you.
We run the Sessions as described on our website www.performingstars.co.uk (“site”).
The start time and date of the Sessions will be as advertised on our site from time to time. All Sessions will start promptly at the stated start time and if our child arrives late to the Session, the Session will not be extended and will end at the stated end time.
It is your responsibility to ensure that your child is at the venue that you specified when completing the enrolment form on time for the Session. If you are prevented from getting to a Session due to traffic conditions or any other circumstance outside of our control, we shall not be obliged to provide you with a refund or a credit for the missed Session.
We may in certain circumstances need to change the time, date, venue or teacher of a Session from the published time, date, venue or teacher and if we do, we will provide you with as much notice of this as possible but we shall not be liable in any way for any such change.
3. Registration and contacting us
Where these terms and conditions require you to telephone us, please telephone us on 01664 563199. Where these terms and conditions require you to email us, please email us at email@example.com. Where these terms refer to ‘our offices’, this is a reference to our offices at 29 Horseguards Way, Melton Mowbray Leicestershire. LE13 0SU
Bookings may be made by email, by telephone or in person and shall be on a first come first served basis. We shall not be obliged to accept your booking and shall not be obliged to provide any reason for not accepting your booking.
4. Online account
You must keep your contact details in your online customer account up to date because we use this information for invoicing, emergency contact details, the re-enrolment process and to contact you if Sessions are cancelled. We accept no liability for not being able to contact you because the contact details in your online customer account are out of date.
You agree that all information stored in your online account can be accessed by us and our employees, consultants, agents and third party contractors.
We will use the information in your online account for contact purposes, Session bookings, invoicing and re-enrolment and any other such purposes as we deem reasonable as part of the provision of the Sessions.
You agree that we may process your personal data in accordance with the data protection principles.
The fee for a course of sessions or a workshop will be confirmed to you at the time of booking and will be set out in an invoice which will be emailed to you. You must pay for the whole course even if your child misses a Session for any reason.
We will contact you by email the week prior to the commencement of a new half term and the relevant invoice for the next course will be available to view through your account online. If you do not wish to continue with the next course, you must email us to confirm this at least 3 weeks prior to the commencement of the next course. If you do notify us that you do not wish to re-enrol in the next course, the contract between us will be automatically terminated on the date that we receive such notice.
You must make payment in full within 14 days of us sending the invoice. We reserve the right to charge a late payment fee of £5 for any payments that are 14 days or more overdue (ie 15 days from the date of the invoice). If you have not paid the invoice within 30 days and have not notified us that you do not wish to re-enrol your child in the next term’s course, we may at our complete discretion cancel your booking and we shall not be obliged to teach your child.
We accept major credit/debit cards for telephone and online bookings. We also accept cheques made payable to “Performing Stars Academy” and posted to our offices. If you wish to pay by cash you must deliver cash in person to our offices and ensure that a receipt form is filled out, signed and retained at our offices when you pay. We charge a £5 administration fee for payments by cheque or by cash.
In exceptional circumstances, we may accept cash or cheque payment in person at the Session venue but if we do, we will charge an additional £5 administration fee for each such payment.
Where you have paid a deposit to us, this will be deducted from your first invoice. Enrolment fees are non-refundable and will not be deducted from any invoice other than where you have been offered a free trial and don’t wish to proceed after the free trial, in which case we will refund the enrolment fee to you.
Our stated prices are exclusive of VAT which will be applied to all payments where applicable.
If you wish to take a holiday during a course so that your child misses a session within the course, you must still pay for the entire course. You shall of course retain your child’s place on the course for the duration of the course.
We work through all bank holidays and national holidays that fall during a course.
7. Illness and medical conditions
If your child is ill you must telephone us by 9am on the day of your child’s Session so that we are able to inform the teacher that your child will not be attending the Session.
If there are any signs of stomach upset and sickness in your family on the day of your child’s Session or in the 7 days before the Session, you must inform us by telephone not later than 9am on the day of your child’s Session and in the case of such notification, we reserve the right to cancel your child’s Session for the safety of your child and of others.
Children with heavy colds, flu or other contagious illnesses or diseases should not attend Sessions. If you have any queries with regard to further health problems please telephone us.
Subject to the following, we will not provide refunds or credits for absence from booked Sessions due to illness, regardless of the number of Sessions missed as a result.
However, if your child suffers a serious illness, which affects him or her for more than [4 weeks] (such as broken bones or any condition that requires prolonged hospitalisation and/or medical attention) then we will offer you a credit for all Sessions missed as a result of the condition if:
(a) you inform us of the condition and prognosis no less than 48 hours after the first Session to be missed; and
(b) we are able to find a replacement pupil for your child's place in the Session.
If we offer you a credit in these circumstances but you do not wish to continue with the Sessions after your child has recovered, then we may in our discretion offer you a refund instead.
You must declare to us in writing by emailing us or by logging into your customer account all medical conditions affecting your child, regardless of severity. We will in our absolute discretion decide whether such medical conditions will restrict your child’s engagement in the Session and we will notify you of our decision within 48 hours of receiving your notice.
It is your responsibility to ensure that your child is medically fit to take part in the Sessions. We will not be liable for any accidents or injuries arising from the Sessions that relate to your child’s individual medical condition(s), save that nothing in these terms and conditions will limit the liability of any person for death or personal injury caused by our negligence.
8. Requests to change Sessions
You cannot change the day, time, venue or teacher for your booked Sessions for any reason once the course has started. This applies even if your circumstances or work commitments change.
Subject to the below, if you decide you no longer want your child to attend a Session, we will not provide refunds or credits. If however after three sessions, in our professional opinion your child is not happy in the session and/or we feel it will not be beneficial for your child to continue with the sessions at that time, we reserve the right to cancel the remainder of the sessions in the course and
will credit you (or at our discretion refund you) for the sessions that your child has not been able to attend. We will discuss with you when might be the right time for your child to recommence a course and you can use the credit when booking that course.
If you are ever dissatisfied with a class or teacher you must notify us immediately either by telephone or email and allow us the opportunity to resolve the issue. We will try to resolve the issue by offering a change in teacher, day, time or venue. If after three sessions following your notification we are unable to offer a solution that satisfies you and you choose not to continue with the remainder of the course, we may in our absolute discretion offer you a refund for the unused sessions remaining in the course.
Credits for unused sessions may be given for other circumstances in our absolute discretion and only once all other options have been explored. If we agree to give you a credit for unused sessions but you do not wish to continue sessions with us then we may in our absolute discretion offer you a refund for the unused sessions.
We try to arrange that your child has the same teacher for each session within a course but we cannot guarantee this due to illness or holidays of the teacher and unforeseen circumstances. You may not claim a credit or a refund due to a change in teacher.
9. Cancellation by you
If you cancel a course or workshop after you have paid for it, we shall not be obliged to provide you with any credit or refund but may do so in our discretion.
If you have booked a course or workshop but not yet paid, you may cancel the course or workshop prior to the date of the first session by emailing us and notifying us of your wish to cancel. You will be obliged to pay us the following cancellation fees:
(a) no fee if we receive the notice of cancellation more than 14 days before the date of the first session;
(b) 50% of the fee for the entire course or workshop if the notice of cancellation is received by us between 14 days and 7 days before the date of the first session; and
(c) 100% of the fee for the entire course or workshop if we receive the notice of cancellation up to 7 days before the date of the first session.
10. Cancellation by us
If we determine that there is insufficient support for a course or workshop, we have the right to cancel, suspend or postpone the course or workshop at any time. We shall give you as much notice as possible of any such cancellation and we will provide you with a refund for the sessions that have not been provided. Our liability for any such cancellation shall be limited to this refund and we shall not be liable for any losses of any kind incurred by you as a result of such cancellation.
We will make every effort not to cancel sessions once a course has started but on rare occasions venue closure, teacher illness or other unforeseen circumstances may force us to do so. We shall give you as much notice as possible of any such cancellation. In this event we will offer you a substitute session on a date designated by us. If you are unable to attend the substitute session then you will receive a credit for the cancelled session. This credit may be set off against your fees for a subsequent course. If you do not accept the substitute session or do not wish to re-enrol for a subsequent course, you will not receive a refund. We shall not be liable for any losses of any kind incurred by you as a result of such cancellation.
This paragraph 10 applies only to Sessions cancelled by us. It does not apply if you miss a Session for any other reason, including holidays or sickness.
11. Our interaction with your children
We seek to create an environment which encourages and reinforces good behaviour. This is done through defining acceptable standards of behaviour, promoting self-esteem, self-discipline, and positive relationships by ensuring that our expectations and strategies are widely known and understood. We work towards standards of behaviour based on the basic principles of honesty, respect, consideration and responsibility.
Although rewards are central to the encouragement of good behaviour, realistically there is a need for sanctions to register the disapproval of unacceptable behaviour and to protect the security and stability of the other students. In an environment where respect is central, loss of respect, or disapproval, is a powerful punishment. Sanctions range from expressions of disapproval, through withdrawal of privileges, to referral to the Principle, letters to parents/guardians and, ultimately and in the last resort, exclusion and you agree to us using any or all of the above sanctions. Most instances of poor behaviour are relatively minor and can be adequately dealt with through minor sanctions. Where anti-social, disruptive or aggressive behaviour occurs more than three times, we reserve the right to exclude your child immediately. No refunds will be provided in such circumstances.
Children with special needs and disabled children are welcome where possible at all our venues and are integrated into our regular sessions. We do not however employ specially trained staff and therefore cannot be held liable for the care of such children beyond the usual teaching. We reserve the right to remove from our sessions any child that causes disruption or compromises safety regardless of disability, special need or otherwise.
We will assess your child’s progress and when we feel it is the right time for your child to move up a class, we will discuss this with you at least 4 weeks in advance of the moving to a different class. As a result of your child moving up to a different class, the fees will increase respectively.
Feedback is very important, be it positive or negative. This is the only way we can improve and ensure that you are receiving the best quality service. If you have a complaint or issue which you would like to discuss please contact your Site Principle or email us at firstname.lastname@example.org Likewise, if you would like to write a testimonial to feature on our site please email a short paragraph stating your experience with us and why you send your child/children. Please also state whether you would be happy for us to publish yours and/or your child's/children's name/s.
From time to time, we may take promotional photographs or videos of our Sessions. If you do not want your child to be included in such photographs or videos, please email us to notify us of this. By not emailing us to notify us that you do not want your child to be so included, you agree that we may photograph or video your child and use such photograph or video for promotional purposes.
As our Sessions are physical, our teachers will be having physical contact with your child for example when demonstrating a move or face painting in our workshops. All of our teachers are CRB checked. By sending your child to a Session, you agree that our teachers may use physical contact with your child as part of the curriculum of the Sessions.
12. Parental responsibilities
You are responsible for any children you bring with you into any part of the venue. If your child is in the Tiny Stars sessions, you must not leave the venue without your child. Otherwise, you may leave your child for the duration of the Session.
If you are late to collect your child, you will be charged a late collection fee of £15 for each half hour block that you are late. The £15 is payable for any time over the end time and then each subsequent half hour period, so that if you are, for example, 5 minutes late, a late collection fee of £15 will be payable and if you are 35 minutes late a late collection fee of £30 will be payable.
Children are not our responsibility until the Session starts.
During Sessions (other than Tiny Stars sessions) you must not interrupt or communicate with the teacher, other parents or carers or distract the pupils, unless it is a matter of emergency or health and safety.
You must keep children who are not taking part in the Sessions quiet and under your control at all times whilst in the venue.
Where you provide your child with lunch or snacks to bring to workshops, you must ensure that these are completely nut free. We use every effort to ensure that all of the snacks and other food that we may provide to the children are nut free but we shall not be liable for any reactions or other illness or injury resulting from children eating our snacks and other food.
13. General venue rules
These are found under the site in our website.
14. Limitations of Liability – your attention is particularly drawn to this section
Nothing in this agreement limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
Subject to the above, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill;
(f) loss of use or corruption of software, data or information;
(g) any indirect or consequential loss.
(h) (where the claim is insured) for any loss which we are unable to recover from any insurer.
(i) (where the claim arises as a result of something which was done or not done by a third party) for any loss which we are unable to recover from that third party.
Subject to the above, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to £100 per claim and in respect of all claims (connected or unconnected) in any consecutive 12 (twelve) month period, the equivalent of the total payments to us made by you in that period.
Any claim against us arising from attendance at one of our Sessions must be notified in writing to us within six months from the date of the relevant Session and we shall not be liable for any claim that is notified to us after this time.
The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.
In the event that you or your child causes harm, damage, loss or injury to any other person or property during a Session, you agree to indemnify us and reimburse us for all claims, losses, damages, expenses (including reasonable legal fees), and any other liability suffered by us as a result of such harm, damage, loss or injury caused by you or your child.
We shall not be liable for any loss or theft of your or your child’s personal possessions and all property brought into a venue where a Session take place is done so at your own risk.
We shall not be liable for any failure or delay in performance of any of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including but not limited to any of the following fire, flood, earthquake, windstorm or other natural disaster, adverse weather conditions and non-performance by suppliers or subcontractors.
15. Intellectual property
We reserve all our rights in the materials and any other content used in our Sessions and you may not (i) copy or reproduce any of such materials and/or content in any way or (ii) disclose in a commercial context the format, content or materials of any Session.
16. Assignment and subcontracting
We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the contract between us and may subcontract or delegate in any manner any or all of our obligations under such contract to any third party or agent.
You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the contract between us.
If any court or competent authority finds that any provision of our agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
18. Governing Law
English Law shall govern these terms and conditions and you agree that any disputes shall be resolved exclusively by the English Courts.
Performing Stars Academy
29 Horseguards Way
Tel : 01664 563199