Swish of the Curtain Theatre School (Swish/Us/We/Our) – Terms and Conditions

This agreement sets out the terms governing the relationship between you and us.

We reserve the right to make changes to these terms and will communicate any change to you at the address or email specified by you. Proof of sending such notice shall be sufficient evidence of receipt.  You may cancel this agreement in accordance with the TERMINATION terms detailed below.

 ADDITIONAL COVID-19 TERMS:

  • LOCKDOWN/ISOLATION: Whilst we are adhering to all Government guidance regarding COVID-19, you accept any possible transmission risk entailed with sending your child to classes with Us.
    No refunds can be offered if you need to isolate due to contracting COVID-19 or if we are forced into a national or local lockdown. If this is the case, Swish will continue tuition online following the same times and term dates.

  • TASTER COURSE: All new students can attend a Taster Course for 2 consecutive weeks before joining. The cost of this varies according to the activity and/or age of the student.
  • CLASSES: Class timetables and teachers will be subject to change from time to time without notice. A teacher may, at any time, ask your child to leave a class if they are jeopardising the safety or enjoyment of others or their educational experience.  You shall ensure that your child complies with the instructions of the teacher.
  • PAYMENT:  Payment via Direct Debit for all Swish fees is mandatory. The prices are set out on our website and the amount payable for your child is set out on the invoice which shall be paid monthly on the first day of each month.  Price increases will occur no more than once annually – 1 month’s notice of any price increase will be given by Us in advance. In the event that you do not make the tuition fee payments when due, Interest is payable on any sums not paid when due at the rate of 3% p.a. above the base lending rate of RBS Bank plc calculated daily. 
    The academic year is broken down into 36 weeks of tuition with an average of 12 weeks tuition per term. This is in turn divided into 12 equal monthly payments regardless of the number of sessions taking place each calendar month.
    As from January 2021, on initial enrolment, payment is taken for both the first and last month of tuition. The fee for the last month of tuition is subsequently offset against your child’s final month of membership.
    Any cancelled Direct Debit or Card payments will be subject to a £20 administration fee.
  • PROMOTION: We reserve the right to use any individual or group photographs or movie shots of your nominated child for press or promotional purposes. This includes social media platforms. If you do not want your child to appear in such publicity, please indicate at the time of registration.  All intellectual property rights, design rights and image rights in these photographs or movie shots will belong to Us.
  • BEHAVIOUR: Bullying, harassment, abuse or other inappropriate behaviour by you or your child, at any time, is strictly forbidden and will result in immediate expulsion by Us from the school and we reserve the right to take such other legal action as may be appropriate.
  • TERM AND TERMINATION:  One full calendar month’s notice is required for termination of membership and can be given by e-mail to: info@swishofthecurtain.com. The time of receipt (not sending) shall be the time of commencement of the notice period. No refunds will be given for part months. To clarify, notice received on the 15th September will result in your membership being terminated on 31st October.  If there is a problem with the tuition please contact Us as soon as possible and give Us a reasonable opportunity to rectify the problem.  You may terminate this agreement at any time if the tuition provided to the child falls below, on more than one occasion, the standards of reasonable skill and care normally expected to be provided for such tuition.
    Students enrolled after 1st January 2021, will be able to offset their notice period against their initial joining advance payment.
  • EVENTS OUTSIDE OUR CONTROL:  We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any event caused by you or outside our reasonable control.  We will use our reasonable endeavours to contact you in these circumstances.
  • LIMIT ON OUR LIABILITY:  Subject to OUR LIABILITY detailed below, if We fail to comply with this agreement We will be liable to you for the loss or damage you suffer as a result of our breach of these terms or our negligence, but We will only be liable up to a maximum of the amount you have paid for your membership (including monthly/termly direct debits) in each year of membership.
  • OUR LIABILITY:  We do not exclude or limit in any way Our liability for:
    • death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
    • fraud or fraudulent misrepresentation;
    • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
    • breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
    • defective products under the Consumer Protection Act 1987.
  • OUR INFORMATION: We are a partnership trading under the name of “Swish of the Curtain Theatre School” and our address is The Studio, 117 Jumpers Road, Christchurch, BH23 2JS.
  • YOUR INFORMATION: We will use the personal information you provide to Us to provide the tuition; process your payments for such tuition and membership; and inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.  We will not give your personal data to any third party.
  • OTHER TERMS:
    • This contract is between you and Us. No other person shall have any rights to enforce any of its terms;
    • We may transfer Our rights and obligations under these terms to another organisation, and We will always notify you in writing if this happens;
    • This contract is between you and Us. No other person shall have any rights to enforce any of its terms;
    • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect;
    • If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
    • This agreement is governed by the laws of England and Wales. You and We both agree to submit to the non-exclusive jurisdiction of the English courts