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Terms & Conditions

  1. These Terms and Conditions shall apply to all bookings made with CDP Dance, of 6 Trinity Grange, Kidderminster, DY10 2BJ, hereinafter known as “the Company”.  Please read these terms and conditions carefully before booking your Class.  You should understand that by booking any Class with us, you agree to be bound by these terms and conditions.
  2. By booking a Class with us, the Customer warrants that (a) they are legally capable of entering into binding contracts and (b) they are at least 18 years old.
  3. In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Customer or otherwise), the former shall prevail unless expressly otherwise agreed by us in writing.
  1. Definitions and Interpretation 
      1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“the Agreement” means the agreement entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Class;

“Booking” means the arrangement of the Dance Class, Hen Party or First Dance including, but not limited to, setting the dates and agreeing the Fees;

“Customer” means you, the person, parent or legal guardian who makes the Booking, either on behalf of yourself or the Participant;

“Class” means any dance class, or series of classes for which the Booking has been made, inclusive of all sessions within;

“Fees” means, collectively, all sums charged in accordance with Clause 4 of these Terms and Conditions; and

“Participant” means the Customer or, if different, the person attending the Class.

      1. Unless the context otherwise requires, each reference in these Terms & Conditions to:
          1. “us”, “we”, “our” is a reference to the Company;
          2. “writing”, and any similar expression, includes emails and faxes;
          3. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
          4. “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
          5. a Schedule is a schedule to these Terms and Conditions; 
          6. a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
          7. a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
      2. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
      3. Words imparting the singular number shall include the plural and vice versa.
      4. References to any gender shall include the other gender.
      5. References to persons shall include corporations.
  1. Booking
      1. Details of the Classes, together with the standard prices, are as detailed on our Website.  However, the Client is required to contact us in order to obtain an official offer.  The Contract is formed as soon as we receive Acceptance, which may be via the Client’s written acceptance of our offer and/or the Client’s request for us to commence the services, and includes the acceptance of these Terms and Conditions.  
      2. The Customer must make the Booking at least 3 days in advance of the date of the Class.  The Company shall use all reasonable endeavours to accommodate Bookings which are made closer to the date of the Class but makes no guarantee that this will be possible.
  1. Dance Classes
      1. The Classes shall be subject to restrictions based on number of Participants, should the number of Participants exceed the maximum number, we shall not accept any further Bookings for that class, Participants may be put on a waiting list until the Class size decreases, or at our discretion we may offer further Classes. Should a Class size fall below the minimum number of Participants, that Class may be cancelled.
      2. Participants are required to attend on time for each Class.  If a Participant is late, we reserve the right to refuse entry. If a Participant is late or fails to attend the entire Class for any reason, no refund or reduction in fees will be given. 
      3. The Participants must observe the regulations at any premises at which the Class is being carried out. Participants must leave promptly at the agreed time and will be responsible for their own personal belongings at all times.
      4. Participants should wear appropriate clothing for the Class, including trainers, a uniform is available to buy upon request through Getmekitted.com should you wish, however is not mandatory provided that the Participant is suitably dressed.
      5. Should the behaviour of a Participant prove disruptive at any stage during the provision of the services, at our sole discretion, we shall be entitled to request the immediate removal of said Participant from this and any future Class;
      6. The Customer must advise us of any medical condition, disability or special requirement of any Participant which may affect the Class, we shall endeavour to provide accommodations for such, but on occasion the Participant may simply not be suitable for the Class; 
      7. Should any information provided change at any stage, or be found to be incorrect, either deliberately or otherwise, we reserve the right to cancel the Booking.   
      8. The Customer is responsible for ensuring children are accompanied and fully supervised at all times by a parent or guardian unless otherwise agreed.  
  1. Show
      1. The Company shall from time to time have a show, which will be optional and additional to their standard Class, which you will be advised of in advance, however practice for such shows shall happen within normal Classes. 
      2. The show shall require commitment as each Participant shall receive a part within the show, if Participants fail to turn up for Class repeatedly, their role may be given to another Participant and they may be removed from the show.
      3. Additional practice for the show may be put on prior to the show which you shall be advised of in advance, these may be located in different locations and times to usual Class and may incur additional payment.
      4. On occasion the show may require costumes, we may ask you on occasion to contribute to the cost of such for the Participant, these must be paid for upon demand, failure to pay may result in the Participant not taking part in the show.
  1. Fees and Payment
      1. The price of the Class will be as stated at the time of your Booking, or such other price as may be agreed in writing by us.  
      2. Dance Classes provided under this Contract will be invoiced on a monthly basis in advance for all classes attended. They shall be invoiced through membermeister.com and all invoices shall be payable within 7 days of receipt. 
      3. All payments should be made to the Company in pounds sterling in cash or bank transfer. Dance Classes can be paid through membermeister.com without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law. 
      4. Receipts for payment will be issued only upon request.
      5. If the Customer fails to make payment in accordance with this clause 8, the Customer or the Participant(s), if different, will not be entitled to take part in the Class and any sums already paid shall be non-refundable.  Your place in the Class or booking may be given to another if payment is not made on the due date. 
      6. Further if you do not make payment to us by the due date, we will charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time.  Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.
  1. Cancellation
      1. If the Customer wishes to cancel the Booking, they may do so at any time by giving written notice to us, provided that:
          1. under no circumstances will any monies paid be refunded;
          2. any additional costs reasonably incurred by us in cancelling any arrangements connected with the Booking shall be paid by the Customer on demand.
      2. We reserve the right to cancel the Booking at any time prior to the date of the Class. In this case, we will refund any payments made, including the Deposit.
  1. Variations and Amendments
      1. If you wish to vary any details of the Booking, you must notify us in writing as soon as possible.  We shall endeavour to make any required changes and any additional costs thereby incurred shall become immediately due and payable.
      2. If, due to circumstances beyond our control, we have to make any change in the arrangements relating to the Booking, we shall notify you as soon as possible.  We shall endeavour to keep such changes to a minimum and shall seek to offer you arrangements as close to the original as is reasonably possible in the circumstances.
  1. Insurance:  The Company shall ensure that it has sufficient public liability insurance in order to provide the Class.  This does not cover any risks to third parties on the Company’s premises or any other premises where the Class are to be held whatsoever and any third party enters such premises entirely at their own risk.
  1. Liability and Indemnity
      1. The Customer shall indemnify the Company against all damages, costs, claims and expenses suffered by it arising from loss or damage to any equipment (including that of third parties) caused by the Customer, its agents or employees.
      2. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
      3. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  1. Privacy Policy
      1. We respect and value your privacy and also the security of your data.  Information that you give to us when contacting us will be used only for the provision of the services.  
      2. Notwithstanding the above, we will gain your consent to take and use photographs from the Class, and any testimonials given by you, in marketing literature and on our website.  Please contact us in writing if you wish to withdraw this consent
      3. We will not share your personal data with any third parties for any reasons without your prior consent.  Such data will only be collected, processed and held in accordance with our rights and obligations arising under the provisions and principles of the General Data Protection Regulations 2016.
  1. Notices:  Notices shall be deemed to have been duly received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three working days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed to the address you provided to us, stamped and placed in the post and; in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  1. Our right to vary these terms and conditions:  We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods and changes in relevant laws and regulatory requirements.
  1. Events outside our control (Force Majeure): No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other Class that is beyond the control of the Party in question.
  1. No Waiver:  No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
  1. Set-Off:  Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
  1. Assignment and Sub-Contracting
      1. The Company can assign, transfer or in any other manner make over to any third party the benefit and/or burden of this Contract with the prior written consent of the Customer, such consent not to be unreasonably withheld.
      2. The Company shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors.  Any act or omission of such other member or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of the Company.
  1. Relationship of the Parties:  Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
  1. Third Party Rights:  This Agreement does not confer or purport to confer any benefit on any third party.  In particular, rights that would otherwise arise in favour of third parties under the Contracts (Rights of Third Parties) Act 1999 are hereby excluded.
  1. Entire Agreement
      1. The Agreement contains the entire agreement between the Parties with respect to its subject matter. We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of this Agreement.  While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask us for any variations from these Terms and Conditions to be confirmed in writing, electronic or otherwise.
      2. Each Party acknowledges that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
  1. Consumer Rights: Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a consumer.
  1. Severance:  In the Class that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement.  The remainder of the Agreement shall be valid and enforceable.
  1. Law and Jurisdiction:  This Contract shall in all respects be subject to and construed in accordance with English Law.  Any dispute between the parties to this Contract shall be referred to the exclusive jurisdiction of the English Courts.