Terms & Conditions of Booking -  Pirate Management Ltd (t/a In Tune Theatre)

Terms and Conditions – Weekly Classes & Workshops

1 INTRODUCTION
1.1 The following Terms and Conditions form part of the agreement (the “Agreement") between You (the “Client”) and Pirate Management Ltd (the “Company") trading as In Tune Theatre.
1.2 When you book a course or purchase any product or service from the Company, you are agreeing to these Terms and Conditions. It is your responsibility to familiarise yourself with the Terms and Conditions before you book a course or purchase any product or service from the Company.
1.3 The Company reserves the right to modify, cancel or append to these Terms and Conditions. The most current Terms and Conditions are displayed on the In Tune Theatre Website (www.intunetheatre.com).

2 DEFINITIONS
2.1 "Course Booking " is a booking of a Class that we have agreed, verbally or in writing.
2.2 "Class" and “Workshop” refer to a self-contained session that occurs at a specific time, day and location each week for a given Term.
2.3 “Term” is the date range of a number of specific weeks for which a Class or Workshop is booked, as indicated at the time of Course Booking and/or displayed on the Company Website.
2.4 "Free Trial" is a one-off Course Booking for a single Class for a specified week, that the Company agrees to provide at no cost to the Client in accordance with clause 3.1.
2.5 "Missed Class" is a Class for which a Participant is scheduled to attend but did not attend.
2.6 The Company "Website" refers to the In Tune Theatre Website: www.intunetheatre.com and all associated websites that are accessible through the www.intunetheatre.com Website for the purposes of completing a Course Booking.
2.7 "In Tune Theatre", "Pirate Management Ltd", "us", “we” or "our" refers to Pirate Management Ltd trading as In Tune Theatre and any of its directors, officers, employees, managers, subcontractors and agents.
2.8 "Booking Form" is the electronic or pre-printed form provided by the Company for the Client to complete as part of the Class Booking or Free Trial.
2.9 “You” and “Client” refer to the person completing, and who has the legal entitlement to complete, the Class Booking or Free Trial on behalf of a Child, with the full permission of the Child’s Parent or legal Guardian.
2.10 “Child” or “Participant” is a person under the age of 18 years old who is or will attend a Class or Workshop as part of a Course Booking.
2.11 “Parent” or “Guardian” refers to the legal Parent or Guardian of a Child who is attending, or will attend, a Class or Workshop.
2.12 "Waiting List" is a list maintained by the Company comprising Clients who wish a Child to attend a particular Class or Workshop that is full.

3 FREE TRIAL
3.1 A Free Trial is offered solely at the discretion of the Company and is subject to availability of any given Class. There is no guarantee expressed or implied that a Child will be offered a Free Trial.
3.2 A Free Trial must be booked in advance via the Company Website.
3.3. A Free Trial must take place at a specific time and date and is non-transferrable to an alternative time or date, nor to an alternative Child.

4 COURSE BOOKING
4.1 A Course Booking is for a complete Term, or the remainder of a Term, should a Course Booking take place during a Term.
4.2 Term dates can be found on the Company Website. It is the Client’s responsibility to make themselves aware of these dates.
4.3 The cost of a Course Booking and methods of payment are available on the Company Website.
4.4 The cost of a Course Booking that takes place once a Term has commenced will be calculated on a pro-rata basis, as set out in 4.5 below.
4.5 The calculation of a pro-rata cost for a Course Booking is decided upon by the Company and will take into consideration any once-off booking fees or charges, credit card fees and any other once-off costs associated with the Course Booking, which may normally be included within the full price for a Course Booking.
4.6 The cost of a Course Booking must be paid for in full prior to a Child participating in any Class or Workshop, save for either the Child attending as a Free Trial as per the terms set out in Section 3 above, or the Client receiving and using a valid discount or voucher as set out in 4.8 – 4.11 below.
4.7 All Course Bookings are subject to availability.
4.8 From time to time, the Company may offer a Client a discount or voucher. Any such offer is solely at the discretion of the Company and may only be available in certain circumstances.
4.9 Only one discount or voucher can be used against the cost of a Course Booking at any one time, and only at the sole discretion of the Company.
4.10 All discounts and vouchers must be claimed at the time of booking and must be within any expiry date given on or with the discount or voucher. No retrospective discounts, vouchers or refunds will be offered.
4.11 No discounts, discount codes or vouchers issued by any party other than directly from the Company will be accepted.

5 RENEWAL
5.1 Subject to the Class or Workshop continuing for the next Term at the same or similar time and location as the current Term, and the Class or Workshop size being equal to or in excess of the current Class or Workshop size in terms of maximum Participant numbers, the Company may issue the Client a reminder by post, email or verbally to complete a Course Booking for the next Term. This will normally occur during the penultimate week of the current Term.
5.2 If the Client fails to complete the Course Booking for the subsequent Term and make full payment as per 5.1 above by the start of the final week of the current Term, the Company reserves the right to offer the Child’s place to another Client or Participant.
5.3 All Course Bookings are subject to availability.

6 CHANGES & CANCELLATIONS
6.1 Save for clause 6.2 – 6.4 below, all payments and deposits are strictly non-refundable.
6.2 Once the Course Booking has been made and paid for, the Client has a fourteen (14) calendar day cancellation period ("Cancellation Period") to cancel the Participant’s place, subject to clauses 6.3 and 6.4 below.
6.3 Any request for cancellation of a Course Booking must be made in writing by the Client who originally made the Course Booking.
6.4 If the Term commencement date for the Course Booking falls within the Cancellation Period, or if the Participant attends the Class or Workshop to which the Course Booking refers within the Cancellation Period, from this date onwards the Course Booking can no longer be cancelled and the payment received will no longer be refundable.
6.5 Changes to any Course Booking is at the sole discretion of the Company.

7 MISSED CLASSES OR WORKSHOPS
7.1 The Company is unable to offer the opportunity to make up any missed Classes, nor offer any monetary compensation or refund, save for 7.2 below.
7.2 At the sole discretion of the Company, if the Company is notified in writing in advance of a Class or Workshop that a Participant will not be able to attend due to a serious illness or medical condition, the Company may choose to offer a part-refund or the opportunity for the Participant to make up missed Classes or Workshops in the next Term. Such offers will only be made on the provision of a signed and authorised medical doctor’s letter confirming that the Participant was not medically fit to attend the Class or Workshop.

8 CANCELLATION OF CLASS OR WORKSHOP BY THE COMPANY
8.1 The Company reserves the right to cancel Classes or Workshops, alter schedules, Class or Workshop ability and ages, Class or Workshop sizes, staff ratios and Class and Workshop locations as required. Any such alterations do not constitute a breach of contract or grounds for a refund.
8.2 The Company reserves the right to cancel Classes and Workshops in the event of acts outside of the Company’s control, and/or partially or wholly within the Company’s control. Acts outside the control of the Company may include, but are not limited to, staff absence, Acts of God, extreme weather such as snow, ice, fog, rain, cold temperatures outside of the building, health and safety issues, unavailability of premises and security issues. Acts partially or wholly within the control of the Company may include, but are not limited to, failure of heating systems resulting in subnormal temperatures in any part of the premises; staff absence where the Company may or may not have played a part in determining such absence, closure of all or part of the premises in response to quarantining a hazard, infection or other dangerous situations.
8.3 In the event that the Company does exercise this right to cancel a Class or Workshop, the Company’s policy to compensate for this is by offering the Client an alternative Class or Workshop, within the same calendar term; not necessarily at the same time or on the same day as the original Course Booking. If the Client declines this offer to attend the proposed alternative Class or Workshop, then a final offer may be made to the Client at the sole discretion of the Company Director. This final offer may be scheduled for the current or next calendar term, and again may be at a different time or day to the original booking. At no stage of this process is the Company obliged to offer monetary compensation such as a refund. 

9 CLOTHING
9.1 While the Company does not insist on any particular uniform to be worn by Participants, Participants are strongly encouraged to wear clothing suitable for performing, acting, singing and dancing.
9.2 Any participant who attends in clothing deemed unsuitable for a Class or Workshop may, at the sole discretion of the Company, be refused entry to all or part of the Class or Workshop.
9.3 Participants are strongly advised not to wear any jewellery (including but not limited to earrings, necklaces and bracelets) when attending a Class or Workshop. Participants may be instructed to remove any such jewellery prior to taking part in all or part of the workshop, or refused entry to the Class or Workshop.
9.4 The Company accepts no liability whatsoever for any injury or damaged caused as a direct or indirect result of jewellery being worn by the Participant, nor for any loss or damage to item(s) of jewellery, or any other valuables, brought onto the premises by a Participant or Client.

10 EXCLUSIONS
10.1 In the event that we consider a) either a Client or Participant is in breach of the Company’s Terms and Conditions or any regulations issued from time to time by the Company, or b) the behaviour of a Child or Client is disruptive or likely to put other Children or the Company Staff in danger, or c) a Client’s behaviour towards the Company, other customers, children in their care, Company suppliers, agents, managers, subcontractors or employees is disruptive, inappropriate, consistently negligent (including the late collection of a Child) or likely to bring the Company or any services offered by the Company into disrepute, the Company reserves the right to exclude the Child and/or Client from any Company Class or Workshop.
10.2 In the event that a Child is excluded, no fees or deposits will be repaid to the Client and the Company reserves the right to seek payment of the balance of any fees due to the Company from the Client.
Liabilities

11 GENERAL DISCLAIMER
11.1 The Company, its suppliers, agents, managers, subcontractors or employees disclaim any obligation or liability to the Client or Participant arising directly or indirectly from information you take from the Company’s Website.
11.2 The Client agrees that, in any circumstances when the Company may become liable to the Client or Participant, the limit of the Company’s liability is the amount the Client has paid the Company for the Course Booking relating to the Participant for the Class or Workshop in question.
11.3 The Company shall not be liable to the Client for any loss or expense which is either an indirect or consequential loss, an economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or the Company knew that the Client might incur it.

12 YOUR ACCOUNT WITH THE COMPANY
12.1 If the Client uses the Company’s Website, the Client is responsible for maintaining the confidentiality of the Client’s account and password and for preventing any unauthorised person from using the Client’s account.
12.2 The Client agrees to accept responsibility for all activities that occur under the Client’s account or password. The Client should tell the Company immediately if the Client believes some unauthorised person has accessed the Client’s account without the Client’s authority. The Client should subsequently take immediate steps to ensure that the Client’s password is changed.

13 HEALTH & INJURIES
13.1 Every Child who participates in a Class or Workshop does so on the understanding that the Child is in good health and any activities undertaken are within the Child’s capabilities. It is the Client’s responsibility to alert the Company in writing and/or when completing the Course Booking to any relevant medical or behavioural condition, whether present or historical, relating to the Child.
13.2 The Company prides itself on its inclusive approach to welcoming and including all Participants and will always try to make reasonable adjustments to support Participants. However, due to the nature of performing arts and the limitations of the provision the Company is able to offer Participants, there may be situations whereby the Company is unable to support the individual needs of a Participant and consequently may not be able to accept, or may need to cancel, the Course Booking for that Participant.
13.3 The Company does not accept responsibility for loss or damage arising from errors or omissions on the Course Booking, whether completed by the Client, by another person in charge of the Child at the time of booking, or a Company representative.
13.4 The Company does not accept liability for death or personal injury to any Child attending any activity related to the Company, whether organised by the Company or otherwise, save to the extent that such death or injury shall be caused by the negligence or default of any Company director, officer, employee, manager, subcontractor or agent.

14 PERSONAL PROPERTY
14.1 The Company does not accept responsibility for any loss of, or damage to, personal property belonging to the Client, a representative of the Client or a Participant, irrespective of whether such possessions might be used by the Client or Participant for the purposes of any Company activity.

15 OTHER LOSSES
15.1 The Company does not accept responsibility for any loss, damage or expense due to circumstances beyond the Company’s control including, but not limited to, delays in public transport, weather, quarantine, sickness, bereavement, strikes or other industrial action, terrorism, fire and riot.
15.2 Without prejudice to the other terms of this agreement, in no event (including the Company’s own negligence) will the Company be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation, any other special, indirect or consequential losses, or loss to third parties.

16 LIMITATIONS
16.1 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.
16.2 These Terms and Conditions shall be governed by, and construed in accordance with, the laws of England and Wales and any dispute, proceedings or claim shall fall within the jurisdiction of the English courts.

17 THIRD PARTIES
17.1 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.

18 USE OF PERSONAL INFORMATION
18.1 Pirate Management Ltd is registered under the Data Protection Act 2018 to process and store data relating to living individuals.
18.2 The Company may monitor and record communications with the Client (including emails) for quality assurance, legal, compliance and training purposes.
18.3 From time to time, photographs, film, video or audio recordings may be made during the Company’s Classes or Workshops for publicity, promotional or broadcast purposes. A Client should inform the Company in writing if the Client does not wish the Child attending a Class or Workshop to appear on, or be identified in, any such material.
18.4 Full details of the Company’s use of data and the Company’s full privacy policy can be found on the Company’s Website.

19 EMERGENCIES
19.1 The Client confirms that appropriate authority has be obtained from the Child’s Parent or Guardian for the Company to authorise any appropriate medical treatment for a Child, should that Child becomes ill, injured or incapacitated while participating in a Class or Workshop. Where appropriate, the Company may administer first aid to a Child in line with recognised protocols and training, and seek medical treatment and/or advice from a qualified medical practitioner for the Child, including authorising the use of general anaesthetic and surgical operations in case of an emergency. Such action shall be taken at the Client’s expense.
19.2 In the event of a medical emergency relating to a Child, the Company will endeavour to contact the relevant Client and/or Emergency Contact using the details given by the Client during the Course Booking process, but may prioritise urgent or life saving treatment for the Child over contacting the Client and/or the Emergency Contact.

20 GENERAL
20.1 These Terms and Conditions and any documents referred to herein constitute the entire agreement between the Client and the Company in association with the Course Booking, purchase or use of the Company’s services, superseding any prior agreements between the Client and the Company.
20.2 The Client agrees that he/she has entered into these Terms and Conditions without reliance on any representation, warranty or undertaking by the Company which is not set out expressly in these Terms and Conditions.