JOINING AND CHILD SAFETY MEMBERSHIP AGREEMENT

TERMS AND CONDITIONS OF MEMBERSHIP

These are terms and conditions apply to the services provided by The Yong Actors (Group) Limited (company number: 08996947) of 168 Church Road, Hove, BN3 2DL with VAT number [288454946] (“The Young Actors Group”, “we”, “our”, “us”).

You may contact us on info@theyoungactorsgroup.com.

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

By completing the application form to enroll your child in a Class and clicking the ‘Accept’ button you accept these terms and conditions (“Terms and Conditions”) and sign your agreement to an ongoing agreement between you and The Yong Actors Group (“the Agreement”)

This Agreement sets out the terms and conditions that will govern the relationship between us, and includes details of your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law.

Definitions

‘Application’ means the completion of our online form by you to enrol the Student in a Class;

‘Class’ means any class, workshop, performances provided by us to the Student in each Term for the delivery of performing arts and ‘Classes’ shall be interpreted accordingly.

‘Fees’ means the fees payable by you for the Class, details of which are provided on the Website.

‘Student’ means your child who wishes to enrol in a Class.

‘Term’ means the portion of the year over which we deliver the Classes to the Student.

“Website” means https://theyoungactorsgroup.com/.

‘You / Your’ means the individual enrolling the Student in the Class.

Enrolment of new Student

To apply for a place for a new Student in a Class you must agree to the terms of this Agreement and submit an application form online. Each place is allocated on the first come first basis.
We may contact you to say that we do not accept your application. This is typically for the following reasons:

we do not have any places in the Class which you have requested;

we cannot deliver the Class (this may be because, for example, we have a shortage of staff or insufficient Students have enrolled in the Class);

we cannot authorise your payment;

we are not allowed to sell the Class to you (for example, because you are under age to buy the requested services); or

there has been a mistake on the pricing or description of the Class.

Upon receipt of payment of the Fee you will receive a payment receipt (‘Confirmation Email’). At this point:

a legally binding contract will be in place between you and us; and

we will provide the Class to the Student as agreed during the online application process.

If you are under the age of 18 you may not buy Classes from the site.

Payment of Fees

3.1 The Fees payable for the Class shall be set out on the Website. All Fees payable are inclusive of VAT and payable through the Website.

3.2 The Fees shall be payable by credit cards, debit cards, and GoCardless, or such other method as we may notify you in writing from time to time. We do not accept cash or cheques.

3.3 In the absence of negligence on our part, any failure by us to comply with this Agreement or our Privacy Policy (see clause 9) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us in relation to payment of the Fees.

3.4 Save where clause 3.5 applies, the Fee must be paid prior to the Student’s attendance at the Class. If you fail to pay the Fees in accordance with clause 3.1, we may withdraw the Student’s place in the Class, and/or refuse the Student’s entry to the Class, In the circumstances you will not be entitled to receive a refund of the Fee.

3.5 We may agree with you that the Fee is payable by way of monthly instalments (“Monthly Subscription”), in which case the first instalment must be paid before the Student’s attendance at the first Class and monthly thereafter to be paid no later than 29th in each calendar month.

3.6 Where clause 3.5 applies, you will continue to pay the Monthly Subscription until you cancel the Agreement.

3.7 Subject to clause 5, the Fees are non-refundable and sessions missed for any reason will not be refunded.

3.7 If your payment is not received by us in accordance with clause 3.3. or clause 3.4, we may charge interest on any balance outstanding at the rate of three percentage points per year (3%) above Barclays Bank plc’s base rate. We will email you to let you know if we intend to do this.

Right to Cancel

Subject to clauses 4.5 and 4.6, from the date of the Confirmation Email you have the right to cancel this Agreement within 14 days without giving any reason (“Cancellation Period”). However, you do not have the right to cancel if you requested that the Student attend the Class during the Cancellation Period and he/she has attended a Class during this period.

The Cancellation Period will expire 14 days after receipt of the Confirmation Email.

To exercise the right to cancel, you must inform us of your decision to cancel this Agreement by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page and including the Student’s name (“Cancellation Notice”).

To meet the cancellation deadline, it is sufficient for you to send the Cancellation Notice concerning your exercise of the right to cancel before the Cancellation Period has expired.

4.5 We will not start providing the Class to the Student during the Cancellation Period unless you ask us to. When you place an order for the Class, you will be given the option to request for us to start providing the Class’s to the Student during the Cancellation Period. By asking us to allow the Student to attend the Class you acknowledge that you will lose your right to cancel this Agreement once the Student attends the Class.

If you do not ask us to allow the Student to attend the Class, we will not be able to start providing the Class to the Student until the Cancellation Period has expired. We are not obliged to accept your request.

Save where clause 4.1 applies, if you want to cancel the Agreement after the expiry of the Cancellation Period or after the right to cancel has been lost in accordance with clause 4.5, you must send the Cancellation Notice to us no later than two weeks before the start of a new Term.

Where you cancel the Agreement within the Cancellation Period, then the Fee will be refunded to you by the same means as payment was made.

After the Cancellation Period has expired, or if you have lost your right to cancel the Agreement, the Fee is non-refundable and will be retained by us.

Effect of Cancellation

If you cancel this Agreement within the Cancellation Period, clause 4.8 shall apply and the Fee will be refunded to you.
If you cancel this Agreement after the Cancellation Period has expired, or you have requested the Student attend the Class during the Cancellation Period you must:
- where you pay by Monthly Subscription, pay to us the balance of the Fee within 7 days of the date of the Cancellation Notice; or
- pay the Fee in full, if you lost your right to cancel this Agreement because the Class was delivered to the Student during the Cancellation Period

5.3 If you fail to cancel the Agreement in accordance with clause 4.7, you will be required to pay to us an amount equal to 50% of the then Fee for the new Term, such amount to be paid within 7 days of the date on which the Cancellation Notice is received by us.

5.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which weare informed about your decision to cancel this Agreement.

5.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

- Cancelled or Rearranged Classes

In the event that a class is rearranged or cancelled, a substitute date will be given on the same day and time of the usual weekly class. If the session cannot be replaced then a full refund for that session will be offered. However, if a session is rearranged within the same term then no refund will be offered.

Duration of Agreement

Unless otherwise cancelled in accordance with clause 4, this Agreement will continue for a period of one Term from the date of the Confirmation Email. At the end of this period, unless you have sent us a Cancellation Notice, the Agreement will automatically renew for a further Term and at the end of each subsequent Term thereafter until you notify that you wish to cancel the Agreement. You are referred to clause 4.7 for details of the cancellation process.

Our Obligations

7.1 All our staff are DBS checked and adhere to child protection laws and policies. A copy of our child protection policy is available on request.

7.2 We will endeavour to inform you of all aspects of our Class dates and times in which the Student is attending

7.3 It may occasionally be necessary to:-

7.3.1 change the dates, time and/or location of the Class. Where this becomes necessary, we will endeavour to provide you with as much notice as possible of any changes;

7.3.2 change the Class teacher from time to time and without notice.

7.4 In the event that a Class is cancelled we will not provide a substitute Class.

7.5 We aim to respond to all correspondence within 48 hours, save for any public holidays in which case the respond time may be longer.

7.6 We do not accept responsibility or liability for:-

7.6.1 any loss of, damage to any personal property belonging to you or the Student, unless such damage or loss was caused by gross negligence of our staff; or

7.6.2 any loss or expense that you may incur due to circumstances beyond our control, including but not limited to delays in public transport, adverse weather, sickness, bereavement, strikes or other industrial action, terrorism, fire or riot

7.7 Although we aim to provide the Classes to the highest standards of the industry, neither we, nor our staff or teachers accept any liability for (i) any inaccuracy or misleading information provided concerning the Class and your reliance on such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any economic indirect, special or consequential loss arising from any breach of the terms of this Agreement.

7.8 Nothing in this Agreement shall exclude or limit our liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.

7.9 All photographs and videos taken of the Student will be used only for marketing purposes including through social media, websites, print advertising and digital marketing. The photographs taken are likely to be group shots for the Website or photographs of the showcases/performances that we might use on flyers or the Website. Unnamed/untagged photographs may also appear on our social media platforms, including but not limited to Facebook, Instagram and X. We will own the copyright in all photographs and videos taken by us, our staff or teachers.

7.8 If requested, we will provide you with termly feedback reports pertaining to the Student’s involvement in Class. We believe in constructive criticism and will always look to give the Student an area to develop.

7.9 We reserve the right to exclude, either temporary or permanently, the Student from the Class where in our sole opinion, his/her conduct or behaviour is deemed to be unacceptable, disruptive or otherwise contrary to the interests or welfare of the other Students. Where a Student is excluded from the Class because of his/her behaviour or conduct, we shall not be liable to reimburse you the Fee or any part of it.

Your obligations

8.1 You agree to inform us when the Student is unable to attend any workshop/class day. You agree to inform us within reasonable time if the Student is unable to attend a showcase or performance to enable us to arrange for a substitute or make other necessary arrangements. Where the Student is unable to attend a Class due to sickness, holiday or any other reason, we will not be liable to refund the Fee or any part of it.

8.2 You will ensure that the Student will attend each Class with a snack and drink. We do not allow peanuts in the Class’s.

8.3 The Student must be dropped off and picked up on time at the beginning and end of each of their Class. We are unable to supervise Students after a Class and consistent late collections of the Student will result in an additional charge.

8.4 No Student is allowed to leave the Class unattended without prior written permission signed by you.

8.5 You agree to provide us with any information relating to specific medical needs or attention that the Student may require during the Class.

8.6 You irrevocably authorise us, our staff and teachers, to take first aid or emergency measures as considered necessary for the care and protection of the Student while under our supervision. In some medical situations we will need to contact the emergency services before we contact you.

8.7 In case of medical emergency, you agree for us, our staff or agent to be transported to an appropriate medical facility by the local emergency unit for treatment, if the emergency unit deems it to be necessary. You will be liable for the costs and expenses of any medical treatment given to the Student.

8.8 You agree to indemnify and keep indemnified us, our officers and employees both in their professional and personal capacity against for any damage, loss or injury resulting from or connected with the Student’s tor’s participation in Class held by us, save where they resulted from gross negligence.

8.9 We accept each Student on the assumption that he/she is in good health and it is your responsibility to advise us of any medical complaint or history of the Student

8.10 You must ensure that you provide us with up to date contact details.

Use of personal information

9.1 Our Privacy Policy is available at: https://theyoungactorsgroup.com/privacy-policy/.

9.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Complaints

10.1 If you have a complaint about the service we provide, please write to us at the address above, or by email with details of your complaint. We will endeavour to resolve your complaint promptly but if you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

10.2 You can submit your dispute to Consumer Arbitration by going to https://consumerarbitration.co.uk/. Consumer Arbitration is the ADR provider we use and is approved by the government to provide ADR services.

10.3 If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.

General

11.1 These Terms and Conditions and any documents referred to herein constitute the entire agreement between you and us in connection with your registration or use of our Classes superseding any prior agreement between you and us.

11.2 You agree that you have entered into this Agreement without reliance on any representation, warranty or undertaking by us which is not set out expressly in this Agreement.

11.3 We shall not be under any liability for any failure to perform any of our obligation under this Agreement if we are prevented from or delayed in doing so due to any circumstances beyond our reasonable control.

11.4 A person who is not party to this agreement or and documents referred to herein shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

11.5 The laws of England and Wales apply to this Agreement and the English courts shall have exclusive jurisdiction over any claim arising from, or related to, use of our Classes.