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Terms and conditions

TERMS & CONDITIONS

1. Introduction

1.1 This section sets out the Terms and Conditions by which Primary Arts agrees to provide products and services to you and your child.

1.2 When you book or purchase any product or service from us, you are signifying your agreement to these Terms and Conditions. It is your responsibility to familiarise yourself with them before you book or purchase any product or service from us.

1.3 We reserve the right to modify, cancel or append to these Terms and Conditions and upon doing so shall provide you with notification that there has been a change. The current Terms and Conditions always appear on our Website. On renewal or purchase of any Primary Arts product or service, the most recent Terms and Conditions shall apply.

1. Definitions

2.1 "Primary Arts After-School Club" or "After-School Club" refers to all Classes occurring on the same day in your child’s regular school each week during Term-Time, open only to children of the venue school.

2.2 "Class" refers to one self-contained session as part of a School that occurs at a specific time on the same day at the same venue each week during Term-Time.

2.3 "Session" refers to a particular Class held at a specific time on a specific date at a specific venue for a specific duration.

2.4 Our "Website" and all associated Primary Arts websites which are accessible through 

2.5 "Primary Arts", "we", "us" or "our" refers to Primary Arts and any of their directors, officers, employees, managers, subcontractors, agents, parents, subsidiary and affiliated companies.

2.6 "Registration Form" is the online form you complete before leaving your child with us.

2.7 "Sibling" is a younger brother, sister, half-brother, half-sister, step-brother or step-sister of a particular child.

2.8 "Waiting List" is a list maintained by us comprising children who wish to attend a particular Session which is over-subscribed.

2.9 "You" refers to a person or organisation buying products or services from us.

2.10 "Your Account" is a notional account you have with Primary Arts reflecting purchases you have made from us, payments we have received from you or payments made on your behalf and credits applied by us or transferred to you. If Your Account is in credit, you can use the amount of this credit against any purchases of Primary Arts products and services for your child, their Siblings or an unrelated child.

2.11 "Your child" is any child for whom you are nominated as an authorised adult on the Registration Form regarding your dealings with us and we therefore deem to be in your care. "Children" shall be construed accordingly.

2.12 "Booked Session" is a Session that we have agreed, verbally or in writing, that your child may attend.

2.13 "Missed Session" is a Booked Session, no part of which has been attended by your child.

3. After-School Clubs

The following provisions shall apply in relation to After-School Clubs only.

3.1 You must provide us with such contact, identification and health details as are requested by us so that we can assume responsibility for your child during the Sessions.

3.2 JOINING

3.2.1 Payment

3.2.2 The full cost of the term must be paid for before the first session.

3.2.3 Payment can be made by cheque or bank transfer. Please contact the Primary Arts office to arrange a bank transfer.

3.2.4 Places are allocated on a first-come first-served basis. Your application will be considered only once either:

a) A fully completed registration form has been completed with the full termly payment to school reception or

b) A fully completed registration form has been completed reception and a bank transfer for the full termly payment has been made.

3.2.5 An application and payment does not guarantee a place. If no place is allocated to your child a full refund will be made to you.

3.2.6 If payment is not received before the first session we reserve the right to cancel your place.

3.3 RENEWAL

3.3.1 At the end of each term you will receive a renewal letter, either paper or digital. Your renewal application will be considered in accordance with clause 4.3.4

3.4 SWITCHING CLASSES

3.4.1 If you would like your child to switch from their current class to another class, subject to availability in the requested class, we will apply your account credit to the alternative class.

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3.5 CHANGES & CANCELLATIONS

3.5.1 Once your child has attended the first paid session refunds will not be made.

3.6 MISSED SESSIONS

3.6.1 Sessions missed for any reason are non-refundable.

3.7 WAITING LISTS

3.7.1 If your child is on a Waiting List, this does not guarantee a place in a school.

4. EXCLUSIONS

4.1 In the event that we consider:

a) you are in breach of any of these Terms and Conditions or any regulations issued from time to time by us;

b) the behaviour of your child is disruptive or likely to put other children or Primary Arts staff in danger; or

c) your behaviour towards us, other customers, children in their care or our suppliers, agents, managers, subcontractors or employees is disruptive, inappropriate, consistently negligent (including late collection of your child) or likely to bring us or any of our products or services into disrepute, we reserve the right to exclude your child from any Primary Arts activity or part thereof.

4.2 In the event that your child is excluded, no fees or deposits will be repaid to you and we reserve the right to seek payment of the balance of any fees due to us.

5. REFUNDS

5.1 Refunds are issued in the form in which the original payment was made with the exception of cash which will be refunded by bank transfer.

5.2 We will process any refund within 28 days of notifying you that we are issuing you the refund.

5.3 No credits or refunds will be issued retrospectively.

6 GENERAL DISCLAIMER

6.1 CANCELLATIONS & VENUE CHANGES

6.1.2 We reserve the right to cancel any Session, Experience, After-School Club or other service at any time up to and including the date the activity starts. Should this occur we will endeavour to give you at least seven days’ notice and will attempt to offer you a viable alternative or will offer you a refund of any fee paid.

6.2 HEALTH & INJURIES

6.2.1 We accept children on the assumption that they are in good health and it is your responsibility to alert us to any medical complaint or history suffered by your child.

6.2.2 We do not accept responsibility for loss or damage arising from errors or omissions on the Registration Form whether completed by you or by another person in charge of your child at the time of completion.

6.2.3 We do not accept liability for death or personal injury to any child attending Primary Arts or any activity related to Primary Arts whether organised by Primary Arts or otherwise save to the extent that such death or injury shall be caused by the negligence or default of any member of our staff or any other default on our part.

 

6.3 PERSONAL PROPERTY

 

6.3.1 We do not accept responsibility for any loss of, or damage to, personal property belonging to you or your child irrespective of whether such possessions might be used by you or the child for the purposes of any Primary Arts activity save to the extent that such loss or damage shall be caused by the negligence or default of any member of our staff or any other default on our part.

6.4 OTHER LOSSES

6.4.1 We do not accept responsibility for any loss or expense due to circumstances beyond our control, including, but not limited to, delays in public transport, weather, quarantine, sickness, bereavement, strikes or other industrial action, terrorism, fire and riot.

6.4.2 Without prejudice to the other terms of this agreement, in no event (including our own negligence) will we be liable for any:

a) economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);

b) loss of goodwill or reputation;

c) any other special, indirect or consequential losses; or

d) loss to third parties.

6.5 LIMITATIONS

 

6.5.1 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.

6.5.2 Save as otherwise required by UK legislation, our total liability for any loss, damages, costs or expenses shall not exceed an amount equal to the invoice value for the services provided.

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