Terms and Conditions
TERMS OF SERVICE
This website is operated by The Performers Club. Throughout the site, the terms “we”, “us” and “our” refer to The Performers Club. The Performers Club offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.1 This section sets out the Terms and Conditions by which The Performers Club agrees to provide products and services to you and your child.
1.2 When you book or purchase any product or service from us, you are signifying your agreement to these Terms and Conditions. It is your responsibility to familiarise yourself with them before you book or purchase any product or service from us.
1.3 We reserve the right to modify, cancel or append to these Terms and Conditions 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 Sessions or purchase of any The Performers Club product or service, the most recent Terms and Conditions shall apply.
2.1 "Booked Session" is a Session that we have agreed, verbally or in writing, that your child may attend.
2.2 "Enrolment Form" is the pre-printed form we will give to you to complete when your child joins "Performers".
2.3 "Free Taster Session" is a Session we agree to provide at no cost to you in accordance with clause 3.1.
2.4 "Inform", "Notify", "Communicate" and "Contact" are the processes by which we exchange information and enter into contracts regarding our products and services.
2.5 "Masterclass" or "School Workshop" refers to one off booked Classes/Sessions occurring on a pre-arranged date and time during term time.
2.6 "Merchandise" is a physical product related to our activities sold by us.
2.7 "Missed Session" is a Booked Session, no part of which has been attended by your child.
2.8 "Performers" refers to our weekly workshop sessions that occur at a specific time on the same day at the same venue each week during term time.
2.9 "Performers Parties" or "Party" refers to themed performing arts activities facilitated by us on a premises provided by you.
2.10 "Performers PPA" refers to regular curriculum based workshops/lessons provided to primary schools which unless otherwise agreed occur at a specific time on the same day at the same venue each week during term time.
2.11 "Performers Productions" or "Productions" refers to one off events/concerts occurring on a prearranged date.
2.12 "Session" refers to a particular Class held at a specific time on a specific date at a specific venue for a specific duration.
2.13 "Team Building Days" or "Event Days" are generic terms for one off Sessions offered by The Performers Club to schools, businesses and corporate clients.
2.14 "Term Time" denotes the periods throughout the year during which we run regular weekly Workshops.
2.15 "The Performers Club", "we", "us" or "our" refers to The Performers club and any of its directors, officers, employees, managers, subcontractors, agents, parent, subsidiary and affiliated companies.
2.16 "Transferring" is where a child moves permanently from one Performers Club to another. "Transfer" shall be construed accordingly.
2.17 "Waiting List" is a list maintained by us comprising of the names of children who wish to attend a particular Session which is over-subscribed.
2.18 Our "Website" www.theperformersclub.co.uk and all associated The Performers Club websites which are accessible through www.theperformersclub.co.uk.
2.19 "You" refers to a person or organisation buying products or services from us.
2.20 "Your Account" is a notional account you have with The Performers Club 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 The Performers Club products and services for your child, their Siblings or an unrelated child.
2.21 "Your child" is any child for whom you are nominated as an authorised adult on the Enrolment Form regarding your dealings with us and we therefore deem to be in your care. "Children" shall be construed accordingly.
3.1 The following provisions shall apply in relation to our weekly extracurricular school and out of school clubs.
3.2 Termly Fees are invoiced at the start of term via our enrolment forms, and must be paid in full before the first session. If fees are not paid, your child may lose their place at Performers as chasing late payments takes up a considerable amount of time.
3.3 A term is usually 10 weeks in length. You must book ten Sessions at any one time. Sessions will run on consecutive weeks during term time and may span the holidays. It is your responsibility to make yourself aware of these. Details of Performers term time dates can be found in the Performers Login section of our Website. Occasionally The Performers Club may have to cancel a session; if this should happen then the missed class will either be added to the end of the current term or the session fee will be deducted from the following term's fees. Should a class fall on a bank holiday then a replacement class will also be added onto the end of the current term or the session fee will be deducted from the following term's fees. Please note, no refund (cash, BACs or cheque) will be given for a cancelled session.
3.4 The Performers Club retains the right to change the advertised programme of classes in the event of illness or other circumstances beyond our control.
3.5 You may cancel your child's place at any time and for any reason.
3.6 In the event that you wish to cancel your child's place:
a) If you inform us five or more working days before the first session of that block of 10 sessions was to be attended, a full refund will be paid to you via BACS transfer.
b) If you inform us less than five working days before the first session of that block of 10 sessions was to be attended, we will credit your account with 10% of the amount paid which you can use to fund future purchases from The Performers Club. The remaining 90% will be refunded to you via BACS transfer.
c) If you inform us during the course, we will refund as follows:
-Notice received between session 1 and session 2: we will credit your account with 25% of the amount paid which you can use to fund future purchases from The Performers Club. 50% will be refunded to you via BACS transfer.
-Notice received between session 2 and session 3: we will credit your account with 25% of the amount paid which you can use to fund future purchases from The Performers Club. 25% will be refunded to you via BACS transfer
-Notice received after session 3: no refund or credit will be given.
3.7 You must notify The Performers Club Office directly by telephone (by speaking to an operator) at least five days prior to cancellation or via email.
3.8 No refunds are given for times when your child does not attend sessions or for dates that are cancelled due to events or circumstances beyond our control.
3.9 The parent/carer gives permission for The Performers Club to use images of the student in publicity materials. Should the parent/carer wish their child to be excluded from publicity materials then this must be put in writing to The Performers Club.
3.10 Free Taster Sessions.
3.10.1 We will offer your child one Free Taster Session. This is providing:
a) There is availability in the Class;
b) When the Session takes place, your child will be at least:
- 5 years and less than 12 years of age; and
c) Your child has not previously attended any other Free Taster Session.
3.11 You must book the Free Trial Session in advance with The Performers Club office over the telephone.
3.12 At the time of booking, the Free Trial Session must take place during the next two weeks of term time.
3.13 You must provide us with such contact, identification and medical details as are requested by us so that we can assume responsibility for your child during the Session.
3.14 You must check and sign the Enrolment Form prior to the Free Taster Session ensuring that it is accurately and fully completed.
3.15 If your child refuses to take part in the Session, one further Free Taster Session may be arranged at our discretion.
3.16 We will send you a re-enrolment form on or after your child's eighth Session. This will act as a notice to you to book a further ten consecutive Sessions for the following term.
3.17 If your child is on a Waiting List, this does not guarantee a place in a particular Session. We will contact customers and prospective customers on the Waiting List in the order of which they registered their interest.
4.1The following provisions shall apply in relation to Performers Parties.
4.2 The full cost of the Party must be paid at the time of booking the Party. If full payment is not received at the time of booking, we reserve the right to cancel the booking.
4.3 You shall be responsible for booking a suitable venue for the Performers Party to take place as well as providing any equipment and materials required for the party, unless otherwise agreed that we will provide the same.
4.4 As we have no control over the venue or environment of Party activities, we accept no responsibility for problems relating to:
a) The space for the Party activities not being of sufficient size;
b) The ratio of children to Party Leader being too large (maximum of 25 children to 1 party entertainer/host);
c) Inadequate control of the Party because of lack of support from parents or adult attendees (this can include disturbing the activities, talking or sharing the same space as the children);
d) Failure to provide a working CD player or a mains power source if this has been agreed;
e) Failure to provide accurate details on location or the address of the party venue; or
f) Failure to inform us of any special issues in advance.
4.5 If you are planning to have more than 25 children at the party, a second party host will be required. This must be pre-arranged and booked beforehand.
Changes and Cancelations
4.6 If you have booked a Performers Party and now wish to change the date or time, you may do so without cost providing:
4.7 We have not booked a Party Leader for the Party at the time of notification; and
4.8 Another Party Leader is available at the new time
4.9 If either of the above make changing the time impossible, cancellation terms will apply as set out in points 4.10 to 4.13 (inclusive) below.
4.10 If you have booked a Performers Party and now wish to cancel;
4.11 If we have not yet booked a Party Leader, we will credit your account with 50% of the amount paid which you can use to fund future purchases from The Performers Club. Any additional payments will be refunded via BACS if required.
4.12 If we have already booked a Party Leader, you will forfeit 50% of the amount paid. We will credit your account with the other 50% which you can use to fund future purchases from The Performers Club.
4.13 Should The Performers Club have to cancel any bookings due to unforeseen circumstances, a full refund of any monies paid will be given and we will endeavour to satisfy the clients requirements wherever possible.
4.15 Very occasionally through circumstances out of our control your chosen entertainer and character may become unavailable. We have a large strong team of party hosts/entertainers and characters, so we will always find cover for your party. Our priority would be finding another entertainer who can play the role you have booked. We will always keep you informed of any changes with your booking.
4.16 Joint Parties
4.17 If you would like your party to be a joint party, there will be an extra charge of £20 per additional birthday child.
4.19 If applicable, you agree to pay for any parking needed for your party entertainer/host via cash on the day.
5. PPA and School Workshops
5.1 The following provisions shall apply in relation to Performers PPA, workshops/masterclasses or any other service we provide directly to schools.
5.2 The Performers Club will invoice for all work due to take place in the upcoming term on the first day of each term. All invoices must be paid in full within 14 days of the invoice date.
5.3 All planning for PPA Cover teaching services will be undertaken by the PPA Planning and Operations Manager, the PPA Cover Teacher or external sources.
5.4 All PPA cover services, workshops and masterclasses will be undertaken by teachers who have professional experience of working in their subject field.
5.5 If for any unexpected reason the assigned teacher becomes unavailable, The Performers Club will provide a suitable replacement from our strong team and will endeavour to notify the school as soon as possible.
5.6 Before commencing any teaching work, The Performers Club will provide the school with the required documentation for the teacher, including current DBS certificate and Identification. The teacher, upon arrival on their first day will also carry a copy of these for inspection.
5.7 The Performers Club will evaluate and monitor sessions and teachers periodically to ensure classes are progressing and attaining essential experiences.
5.8 If the school is closed for any reason other than statuary school holidays, The Performers Club will still invoice for the times and dates in the current contract.
5.9 The service agreement may be cancelled by either party, allowing 28 days cancellation notice.
5.10 Amendments may be made to the service agreement by either party allowing 28 days amendment notice and a signed revision replacing the preceding service agreement.
5.11 All off our teachers are contractually prohibited from directly being employed by a school they have worked in for The Performers Club. Employment of The Performers Club teachers directly will result in legal action.
6. Productions (supplier)
6.1 The following provisions shall apply in relation to The Performers Club as a supplier of entertainment. For public ticketed productions by The Performers Club, please refer to terms and conditions 7.
6.2 The full balance must be paid within 14 days of our invoice. If full payment is not received within 14 days of the invoice date, we reserve the right to either cancel the booking or interest of 8% per annum above the prevailing Bank of England base rate will be charged on all overdue accounts.
6.3 In the event of the Performance having to be cancelled due to circumstances beyond the control of either the hirer or The Performers Club then neither party will have responsibility to the other for any loss suffered thereby. For the avoidance of doubt no fee will be payable by either party in respect of performances cancelled by force majeure. A "Force Majeure Event" occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by the Artist or Client.
6.4 Should The Hirer wish to cancel a booking, they agree to be bound by the following scale of charges;
6.5 If The Hirer informs us 121+ days (including weekends) prior to the event, 80% of the fee will refunded to 6.6 The Hirer via BACS transfer.
6.7 If The Hirer informs us 31-120 days (including weekends) prior to the event, 50% of the fee will refunded to 6.8 The Hirer via BACS transfer.
6.9 If The Hirer informs us 15-30 days (including weekends) prior to the event, 25% of the fee will refunded to 6.10 The Hirer via BACS transfer.
6.11 If The Hirer informs us 14 days or less (including weekends) prior to the event, no refund will be issued to The Hirer.
6.12 If the entertainment booked for such an event becomes unavailable and we are unable to find a suitable replacement all monies received will be repaid. Very occasionally through circumstances out of our control your chosen entertainer and character may become unavailable. We have a large strong team of entertainers, so we will always find cover for your event. Our priority would be finding another entertainer who can play the role you have booked. We will always keep you informed of any changes with your booking
6.13 In order to ensure that there are no non-appearances or let downs, all verbal agreements are confirmed by the electronic signing of a written contract. In the event of very short notice bookings, the written contract may be sent after the event for your records. Failure to sign contracts does not constitute cancellation and all verbal agreements will remain in force.
6.14 Any contract negotiated through The Performers Club shall be subject to these Terms of Business unless otherwise agreed in writing between all concerned parties.
6.15 The hirer is to provide a suitable performing area. Unless otherwise agreed the hirer must provide an electrical supply meeting, or exceeding British Standards where electrical equipment is to be used as part of a performance. Where the entertainer is expected to wear stage clothing the hirer must provide adequate dressing room facilities, toilets are unacceptable.
6.16 The Hirer agrees to provide parking close to the performance area in order for the artist to set up and de-rig any equipment. Any parking charges for the artist on the day, if applicable, must be paid for by The Hirer.
6.17 The hirer agrees not to approach the entertainer directly to engage for further bookings and that all future bookings are made through The Performers Club, except where future bookings are to take place in excess of 18 months from the initial performance date.
6.18 Changes to the contract schedule which are unavoidable on the Event Date should be discussed and agreed with The Performers Club. If the office is closed, the hirer must call The Performers Club on the emergency number, which will be provided on the contract.
6.19 Any changes will be subject to these terms and conditions.
6.20 If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the fee.
6.21 If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, 10% of the total balance per ½ hour over run will be payable on the Event Date by the Client to the Artist in cash as a late finish fee.
6.22 The Artist has the right to refuse to finish later than the contracted finish time without penalty.
Under no circumstances will the artist increase their set time to perform for longer than has been agreed in the contract.
7. Productions (public ticketed promoted event)
7.1 The following provisions shall apply in relation to The Performers Club as a promotor of an entertainment event for the paying general public. For productions by The Performers Club as a supplier of entertainment to private and corporate hirers, please refer to terms and conditions 6.
7.2 All Tickets are sold subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to purchase and any queries relating to them should be raised with us prior to purchase as purchase of Tickets constitutes acceptance of these Terms and Conditions.
7.3 A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
7.4 It is Your responsibility to check Your Tickets as if you have made a mistake they cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake.
7.5 We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets, for example but not limited to non-seated events where there is a possibility of both the original and duplicate tickets being used, compromising the licensed capacity of the venue. Duplicates may therefore be issued at the discretion of The Performers Club acting reasonably. In the event of duplicates being issued, a reasonable administration charge may be levied.
7.6 The Performers Club reserve the right to provide alternative seats at an Event to those specified on the Ticket should the staging of the Event so reasonably require, provided they are of no less value to that stated on the Ticket.
7.7 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
7.8 Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trade marks, logos and/or intellectual property appearing on the Ticket.
7.9 The price of the Ticket shall be the price set at the time We accept Your order. All prices set are inclusive of any applicable taxes but exclusive of any booking fee and collection or delivery fee. No order will be accepted until We have received full payment.
7.10 Tickets will only be delivered as e tickets via email.
7.11 Where reasonably necessary, The Performers Club reserves the right to make alterations to the published Event programme.
7.12 Tickets cannot be exchanged or refunded after purchase unless the performance is cancelled or rescheduled. Where an Event is cancelled or rescheduled by The Performers Club, due to circumstances beyond Our control, You will be entitled to claim a refund from Us in accordance with this clause.
7.13 Refunds shall only be made to the person who purchased the Tickets and, when possible, be made using the same method as was used to purchase the Tickets except, at Our discretion, where payment was made by cash.
7.14 These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
7.15 Neither The Performers Club nor the Venue will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Our negligence or that of the Venue or other breach of statutory duty.
7.16 It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, We will use Our reasonable endeavours to notify You using the details You provided Us with at the time of ordering. We do not guarantee that You will be informed of such cancellation before the date of the Event.
7.17 It is Your responsibility to inform Us of any change to the contact address, telephone number or email address You provide Us with at the time of ordering.
7.18 You may not re-sell or transfer a Ticket if prohibited by law. In addition, re-sales or transfers of Tickets may be prohibited for certain events subject to the specific terms and conditions of those events (for example but not exclusively limited to charity events or events where age restrictions may apply because of content of the entertainment or licensing requirements. You may not re-sell or transfer a Ticket if you are selling or transferring the Ticket in the course of business. You are deemed to be selling or transferring in the course of business where we reasonably believe you to be doing so.
7.19 Circumstances where We may consider that a Ticket is being resold in the course of business include:
a) Where a Ticket is sold or advertised for sale for profit (as defined below) through any medium not authorised by Us, including through unauthorised online auction or other websites. Such a sale will be assessed in the light of the factors set out at b & c below.
b) Where a single Ticket reseller frequently advertises or offers tickets for resale for the same event or multiple events.
c) Where we reasonably consider that a Ticket offered for resale has originally been purchased with the specific intention of offering it for resale for profit and with no intention for the original purchaser or a friend or associate of the purchaser to make use of the Ticket by attending the event.
d) Where we offer an authorised exchange, return or resales facility, a Ticket offered for resale for profit more than fourteen days before the event takes place and through sales channels that have not been authorised by Us will automatically be considered to be a business transaction. Such a sale will be assessed in light of factors set out at b & c above.
7.20 If a ticket is offered for resale for profit less than fourteen days before the event takes place then We may determine whether We consider this to be a business transaction by taking other factors into consideration including:
a) The number of tickets being offered for sale by the ticket reseller.
b) Any evidence that You or someone for whom You have bought the ticket can provide regarding the fact that he/she cannot attend the event for genuine reasons.
c) Whether a third party business (such as an online auction site or other such ticket resale facilitator) not authorised by Us will benefit financially by way of commission or other fee from facilitating the resale of the ticket, particularly if that financial benefit varies according to the price paid for the resold ticket.
7.21 Re-selling a Ticket for profit means any re-sale that seeks a price that is higher than the face value of the ticket and the relevant booking fee and/or handling fee (if any) that You paid for the Ticket. Where a Ticket is offered for resale in line with these terms and conditions, you must provide to the buyer full details of the ticket. Full details include, if printed on the ticket, the block or tier, row and seat number as well as the name of the original supplier and any booking reference number. Buyers must also be made aware of these terms and conditions and any other terms and conditions that are specific to the event. You should check whether any special terms apply before offering a free Ticket for resale. Free tickets are often provided for specific reasons limiting their transferability.
7.22 Any Ticket obtained in breach of these Terms and Conditions shall be void and all, rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action.
7.23 Void Tickets are non-refundable.
7.24 Tickets may be restricted to a maximum number. Any such restriction shall be notified to You at the time You book the Tickets. We reserve the right to cancel Tickets purchased in excess of this number and without the Agent’s agreement, without prior notice unless the purchase of an excess was due to Our error.
7.25 The management of the Venue reserves the right to refuse Ticket holders admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.
7.26 The management of the Venue also reserves the right to request that Ticket holders leave the Venue at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, the Venue may remove a Ticket holder who:
a) has behaved in the Venue in a manner which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or
b) uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
c) in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs; or
d) fails, when required, to produce proof of identity or age.
7.27 You must comply with instructions and directions given by Venue staff and stewards.
7.28 No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour as suggested in, but not limited to, the examples above.
7.29 The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of an Event in breach of these conditions shall belong to the Promoter. The Promoter and Venue will not be liable for any loss, theft or damage to confiscated items.
7.30 By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. The Promoter may use such films and recordings (including any copies) without payment. Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing material's.
7.31 Mobile telephones and messaging equipment must be switched off during the Event.
7.32 Alcohol and Smoking is not permitted.
The following are also not permitted within any Venue:
a) animals (with the exception of guide dogs);
b) laser pens
c) Your own food and drink
d) bottles, cans or glass containers
e) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and
f) illegal substances.
7.33 The management of the Venue reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the management of the Venue, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above.
7.34 Every effort shall be made to admit latecomers to Events at a suitable break in the Event, which may be the interval, but late admission cannot be guaranteed.
7.35 Ticket holders may only leave and re-enter the Venue during an Event at the discretion of the management of the Venue. Otherwise, there will be no re-admission or pass-outs of any kind.
7.36 The obstruction of gangways, access-ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to stands or seats for which You do not hold a Ticket is strictly forbidden.
7.37 Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event.
7.38 If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects.
8.1 In the event that we consider:
a) you are in breach of any of these Terms and Conditions or any regulations issued from time to time by us;
b) the behaviour of your child is disruptive or likely to put other children or The Performers Club staff in danger; or
c) 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 of The Performers Club activities or part thereof.
8.2 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.
9. Returned payments and refunds
9.1 We will make an administrative charge of £7.50 to cover cheques returned unpaid.
9.2 In circumstances where a payment is returned:
a) we reserve the right to exclude your child without refund until the amount of the returned payment is repaid in full; and
b) 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.
9.3 Refunds are issued in the form of a BACS payment.
9.4 We will process any refund within 28 days of notifying you that we are issuing you the refund.
9.5 No credits or refunds will be issued retrospectively.
9.6 We reserve the right to alter, vary, omit or substitute any part or parts of any workshop, class or session(s) provided by us described in any promotional or other materials published by us or on our behalf. 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.
10.1 GENERAL DISCLAIMER
10.1.1 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.
10.2 CANCELLATIONS & VENUE CHANGES
10.2.1 We reserve the right to cancel any Workshop, Class, Party, Performers Session, Production 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 day's notice and will attempt to offer you a viable alternative or will offer you a refund of any fee paid.
10.2.2 Occasionally it is necessary to temporarily change the venue of our sessions 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.
10.3 HEALTH & INJURIES
10.3.1 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.
10.3.2 We do not accept responsibility for loss or damage arising from errors or omissions on the Enrolment Form whether completed by you or by another person in charge of your child at the time of completion.
10.3.3 We do not accept liability for death or personal injury to any adult or child attending The Performers Club or any activity related to The Performers Club whether organised by us 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.
10.4 PERSONAL PROPERTY
10.4.1 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 of The Performers Club 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.
10.5 OTHER LOSSES
10.5.1 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.
10.5.2 Without prejudice to the other terms of this agreement, in no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) any other special, indirect or consequential losses; or
d) loss to third parties.
10.6.1 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.
10.6.2 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.
10.7 THIRD PARTIES
10.7.1 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.
11. Use of personal information
11.1 The Performers Club is registered under the Data Protection Act 1998 to process and store data relating to living individuals.
11.2 We may monitor and record communications with you (including phone conversations and emails) for quality assurance, legal, compliance and training purposes.
11.3 From time to time, photographs, film, video or audio recordings may be made during The Performers Club activities for publicity, promotional or broadcast purposes. Please inform us before any such event if you do not wish you or your child to appear or be identified in any such material.
11.3.1 The copyright of all photography appearing in our brochures belongs to The Performers Club. No reproduction may be made without prior permission from The Performers Club.
12. External Websites
12.1 The Performers Club provides links to website and other resources provided by third parties, and aims to link to websites that we feel will enhance your experience by offering useful background knowledge, specialist advice and information.
12.2 We only provide links to websites which we hope enhance your experience of using our Website. The existence of links from the Website to external websites does not mean that we endorse or promote those websites, the views of their developers, products or services made available on them.
12.3 We have no control over the content of those external websites or other third party resources, and accept no responsibility for and exclude all liability that may arise with respect to them or for any loss or damage that may arise from your use of them.
12.4 We receive no payment or payment in kind in respect of websites or other resources to which links are provided. If content is sponsored, or if it is included within the context of an advert, we make this clear.
12.5 We normally link to content which is free to access, but you may sometimes be asked to register or subscribe to an offer or service once you leave the Website, by the operator of a linked website. We will not link to websites which require you to pay before you view the content on them.
12.6 We fix or remove missing, broken, or redirected links whenever we find them. If you spot anything which isn’t working in the way you would expect it to, please let us know.
13.1.1 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 superceding any prior agreements between you and us.
13.1.2 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.
13.1.3 We shall not be under any liability for any failure to perform 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.
13.1.4 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.
13.2.1 You may contact us by calling the relevant telephone number found on our Website, or 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 or via a replied email from us.
13.2.2 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.
13.2.3 It is your responsibility to ensure that we have current contact details for you and all adults authorised to pick up your child. You must also keep us appraised of any changes in the health or other relevant circumstances of you or your child.
13.2.4 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.
13.3 LAW & JURISDICTION
13.3.1 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.
13.3.2 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.
13.3.3 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.