COURSE TERMS AND CONDITIONS

Online Ballet Academy (a company Incorporated in England and Wales no. 12357979) email : theonlineballetacademy@gmail.com www.onlineballetacademy.com

1.  (Definitions) The definitions are set out in the “Explanation of Terms” attached.
2.  (Programme Fees) Fees per programme are payable by you upfront, or via a 3 month payment plan,
   and can be found on our website www.onlineballetacademy.com. The Fees are payable by credit or debit card, via the Stripe payment gateway. Please note that programme fees are not permanent and will be adjusted according to seasonal promotions or upgrades to our programmes.
3.  (Additional Fees and Interest) Any additional fees will be payable immediately on receipt by you of any invoice for such amounts from OBA. We reserve the right to charge interest on the late payment of Course Fees and / or Additional Fees at the rate of 4% above the base rate from time to time of the Bank of England, from the due date for payment until payment of the overdue sum.
4.  (Discounts) Any discounts granted rely upon you paying any sums due within the listed discount period. If any payments are made after the date any payment is due, we will require you to pay the full amount that would have been payable prior to the discount.
5.  (Participation) You agree to participate in the course and agree to be bound by these terms and conditions and the OBA Code of Conduct. You will comply with any specific rules and regulations (of which OBA make you aware) and with all instructions (including in relation to safety) in relation to the programme and your participation in the programme given to you by or on behalf of OBA.
6.  (Attendance commitment) You shall take responsibility, over the percentage of the programme you manage to complete within the 35 day access period, from the date of purchase. OBA will only extend access to the programme in exceptional cases where severe injuries or health cases have delayed the students ability to take part to their full potential.
7.  (Syllabus & Method) The course is intended to be taught by OBA trained teachers in accordance with the OBA designed syllabus. OBA reserves the right to: make substitutions and/or change the teachers where it considers necessary or appropriate to do so (at its discretion) but will ensure that any replacement teacher will have a similar level of experience and skill as the individual replaced.
8.  (Other ballet schools) The purpose of Online Ballet Academy’s programmes is to enhance the student’s current training at their respective ballet school’s or studios. There is no conflict of interest that takes place between OBA and other ballet school’s other than if a student shares any content from OBA programmes with non-paying students and teachers.
9.  (Risks) You acknowledge and fully understand that ballet is an activity that can involve certain risk and injuries. You declare you voluntarily assume the risk resulting from taking part in the programme and your own preparation for it.
10. (Medical information) It is your responsibility to be aware of any prior or existing medical condition that may affect your performance of wellbeing during our programme, and to hold yourself accountable and responsible for your condition throughout your OBA training. OBA shall not be liable for any prior, existing or new medical conditions that may arise during the length of your programme.
11. (Medical Expenses) OBA shall not be liable for your medical treatment or transportation. You will be responsible for any medical or transport expenses specifically incurred in connection with any illness, accident or injury sustained or occurring in connection with your participation in and/or attendance during our programmes.
12.  (Insurance) OBA does not provide any insurance for any illness, accident, injury, loss or damage that may arise in connection with your participation in the Course. You confirm that you are eligible for free treatment under the UK National Health Service (NHS) (or other health services dependent on the location of the student) and have made arrangements for your own medical insurance sufficient to cover full costs of medical treatment of any accidents during the full length of the Course.
13.  (Data Protection) You consent that OBA may transfer your personal data or share it with the persons engaged by OBA in organising and conducting the programme. Your data will be used solely in accordance with OBA’s Privacy Policy, which is available on request, and current data protection legislation.
14. (Personal Photography) Unless agreed by OBA, you shall not take photographs, films, screen recording, or otherwise use an external device to record any of the paid content, classes, including any warm-ups or preparatory activities, featured in our programmes. If you breach this Clause, you hereby assign with full title guarantee all Intellectual Property Rights in such photographs, film or other recordings taken by you to OBA (including by way of present assignment of future copyright) and you agree to deliver these up to OBA on demand. You shall not while taking part in the programme take any pictures or videos of any OBA content or material from the purchased programme.
15. (Security) You agree to comply with all security provisions, and other directions or requirements notified to you in connection with your participation in the programme.
16.  (Use of Images) OBA may use (and license others to use) the images, uploaded by you onto the OBA website, or any part of them in any media and in any part of the world for the promotion of OBA and its business and for the purpose. If OBA wishes to use the whole or any part of your images for any other purpose, it will obtain your prior written agreement (such agreement not to be unreasonably withheld, delayed or conditioned). You agree that OBA may edit, adapt, alter, modify, translate and transcribe the images. OBA is not obliged to make or use any images either.
17. (Rights) You hereby assign (with full title guarantee) all Intellectual Property Rights you have in your images to OBA (including by way of present assignment of future copyright) for the full duration of such rights.
18.  (Likeness) You consent to OBA using your name, likeness, images and photograph in connection with the exploitation of the promotion of OBA, it’s business or any programme.
19. (No payments to you from OBA) You agree that neither OBA, nor any third party, shall be required to make any payments to you in relation to the use of your and the exploitation of your images as permitted under the Agreement.
20. (Student Progress) You understand that progress will differ from student to student, and is dependent on such factors (amongst others) as underlying ability and levels of practice OBA does not guarantee any particular level of progress or success at examination as a result of a student’s participation in the programme.
21. (Further Assurance) If OBA needs anything further to be done (including but not limited to having documents signed) so that it can use your images as set out in the Agreement, you will promptly ensure that this is done.
22. (Warranties) You warrant and undertake that you are entitled to enter into the Agreement and to participate in the programme and to grant and assign to OBA all the rights granted and assigned in the Agreement;
23. (Indemnity) You hereby indemnify OBA and will at all times keep OBA fully and effectively indemnified from and against all claims, liabilities, damages, costs and losses whatsoever incurred by OBA as a consequence of: any breach or non-performance by you of any of the representations, warranties, obligations or covenants contained in the Agreement; your acts or omissions; or a breach by you of the Agreement.
24. (Cancellation by You) Should you wish to withdraw yourself or your child from any OBA programme, you must provide OBA with written notice of withdrawal no later than 3 days (“Notice Date”) into the programme from the date of purchase. Partial refunds may be issued in exceptional cases. Otherwise, refunds may be issued in the form of vouchers for other programmes. You agree that we are entitled to deny refunds under this clause as a result of a failure to give a legitimate reason for withdrawal on or before the relevant Notice Date.
25. (Cancellation by OBA) In the unlikely event that OBA is unable to run the Course for whatever reason or if OBA does not have the minimum number of students required for any programme, OBA may offer you a suitable replacement course or terminate the Agreement upon a notice in writing to you. Where no suitable replacement course can be offered, or you do not accept a replacement course, or OBA terminates a Course, it will repay to you any sums you have paid for any classes or other events which have not been made available to you. OBA will have no other liability to you in relation to such cancellation.
    1. . you will not be entitled to any refund in the Fees paid and any Fees not paid at the date of such termination for the remainder of the Course will become immediately due and payable; and
    2. you will not take any further part in the Course.
26. (Termination) OBA may terminate the Agreement with immediate effect if you are in breach of the OBA Code of Conduct or these terms and conditions. Where OBA terminates the Agreement in accordance with this Clause:
27. (Limitation) Of course, OBA’s does not seek to limit its liability to you for death or personal injury
    when caused by OBA’ negligence; by a deliberate act or omission, of it or its employees, agents or authorised representatives; or as a result of a deliberate repudiatory breach of by it of the Agreement. However, in all other circumstances (and to the extent permitted by law):
    1. 1. OBA shall not in any event be liable to pay compensation or damages to you (for whatever reason such compensation or damages may be due in contract, tort (including negligence) breach of statutory duty or otherwise) greater than the amount of Fees paid by you; and
    2. OBA shall have no liability whatsoever for any: indirect; economic; or consequential loss (and for these purposes consequential loss shall include without limitation all loss of profit and/or opportunity) suffered by you under the Agreement even if OBA was aware of the possibility of such damages or losses arising.
28. (Survival) The provisions of the Agreement will survive to the extent necessary to effect the intent of the parties and to protect the rights of OBA.
29. (Partnership) Nothing in the Agreement is intended to nor shall it create any partnership, joint venture or relationship of employment between OBA and you.
30. (Un-enforceability) If any provision of the Agreement is invalid or unenforceable in any jurisdiction it will, if required, be deleted (for the purposes of that jurisdiction) without affecting the remaining provisions of the Agreement or affecting the validity or enforceability of that provision in any other jurisdiction provided that such deletion does not defeat the commercial purpose of the Agreement.
31. (Force Majeure) OBA shall not be in breach of the Agreement or otherwise liable to you as a result of any delay or failure in the performance of its obligations under the Agreement if and to the extent that such delay or failure is caused by any event or cause not within it’s reasonable control.
32. (No Waiver) No failure or delay by OBA in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by OBA 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.
33. (Assignment and Subcontracting) OBA may assign the Agreement and the rights granted or assigned under it to any third party. OBA shall have the right to sub-contract any of its obligations under the Agreement to appropriately qualified and experienced sub-contractors.
34. (Third Parties) The provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this Agreement.
35. (Entire Agreement) The Agreement and these terms and conditions constitute the entire agreement between you and OBA in relation to your participation and performance during the programme.
36. (Amendments to these Terms & Conditions) OBA shall be entitled to amend these terms and conditions from time to time. You will be notified of any such amendment in writing.
37. (Notices) Any notices to be served on a party by the other shall be in writing and sent by registered mail or shall be delivered personally to the other party to the address set out in this Agreement or such other address as is notified in writing by the other party from time to time. Such notice shall be deemed given on the date it is delivered to the other party.
38. (Law) This Agreement is governed by English law. The English Courts shall have exclusive jurisdiction over any dispute arising out of or in connection with the Agreement.