Lindy Jazz of 10 Brancepeth Close, Durham DH1 5XL (“we” or “us”)
Agreement
1. Please ensure that you read this agreement carefully as not only does it form the legal relationship between us, it also provides useful information about the practical side of your classes. Our acceptance of your booking will take place when we email you to accept it, at which point this document will constitute a legally binding agreement between us.
Your health
2. We are not medical professionals and cannot advise on whether you should join the classes or not. If you have any concerns at all about your health and undertaking the classes, you should consult your doctor or other medical professional. You should notify us at the outset of any medical conditions that you have or any concerns that you have about participating in the classes. If we have concerns about your health and/or ability to participate in the classes, we may require you to leave the class. You agree that you are voluntarily participating in the classes with the risk that there may be personal injury or illness arising from such participation.
Suitable attire and other rules
3. You must attend the classes wearing suitable attire for the class, as advised on our website. If you do not do so, we reserve the right to require you to leave the class. The following rules also apply:
- You may not:
- smoke anywhere on the premises at which the classes are held;
- bring to a class any children under the age of 16;
- bring any animals into the premises at which the classes are held (with the exception of guide dogs);
- take part in the classes under the influence of alcohol or drugs;
- disrupt our classes in any way
- jeopardise the safety of others in the class in any way
Classes and cancellations
4. Our classes will take place at the times and on the dates set out in our schedule on our website and booking platforms. We reserve the right to change our timetables and scheduled classes and venues and will provide you with as much notice as possible of this, however we shall not be liable to provide you with a refund in the event of any such change. We also reserve the right to change the teacher of the class without any notice to you. Please ensure that your email address and other contact details are up to date at all times and email us at info@lindy-jazz.co.uk if you need to provide us with updated details. We may post revisions to the timetable or the scheduled classes on our Facebook page www.facebook.com/LindyJazz so please check our Facebook page www.facebook.com/LindyJazz regularly.
5. All classes will take place at the venue set out in our schedule on our website and booking platforms unless you are notified otherwise.
6. It is very important that you turn up for the classes on time. Please plan to arrive early in case of heavy traffic or some other delaying factor. Unfortunately, if you arrive late for your class, we will not be able to continue past the scheduled end time nor provide you with a refund. You may not assign your place in a class to another person.
7. We may ask you to complete a questionnaire or survey before we meet for the first time and at other times during our classes. It is very important that you answer these questions honestly and completely as these answers will be the foundation for our classes.
8. If you are unable to attend a class or a number of classes, or the entire course in person, no refund will be offered. You can access our online class material as well as and / or instead of attending the class in-person.
9. Although the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) may apply to the provision of services provided under this agreement, you agree that we may commence the performance of the services before the end of the 14 day cancellation period referred to in the Regulations. If we have already started work on the services by the time you cancel the agreement, you agree to pay us any costs we have reasonably incurred in starting to perform the services. If we have provided the services in full before the expiry of the cancellation period, then you lose the right to cancel. If you cancel this agreement and we have not commenced performance of the services and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you. Subject to the above, you may cancel this agreement at any time within the cancellation period by using the Form of Cancellation set out in the Appendix to this Agreement.
9. Any place in our classes is subject to availability. We do not give any priority, and places are allocated on a first-come-first-served basis. If you do not follow our reasonable instructions during any class or are in our opinion disrupting the class, we may require you to leave the class and shall not be obliged to provide you with any refund.
Fees and payments
10. Course fees and class fees are payable in advance of the class / course and if payment has not been received in cleared funds prior to the class, we will not proceed with the class (where the booked class was a one to one class) or you may not attend the class (where the booked class was a group class). We may charge you for blocks of classes in advance and we may require that these blocks of classes be taken within a certain period of time or they will expire and we shall not be obliged to provide you with a refund.
Third party venues
11. We hold our classes at venues owned by third parties. You agree to comply with their rules and policies, especially in relation to Health and Safety and fire regulations. You agree to reimburse us for any loss that we suffer as a result of your actions or inactions at a third party venue.
12. If you bring your personal belongings to classes, you are responsible for their safety and we shall not be liable for any loss, damage or destruction to such belongings.
Data Protection
13. We comply with data protection laws in relation to your personal data. Please see our Privacy Notice for details of how we use your personal data.
Intellectual Property
14.We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we use within the classes and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that we use in the classes. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the classes for the purposes for which the classes were provided only.
15.You may not without our prior written consent make any audio and/or visual recordings of all or any part of our classes without our permission. We may make audio and/or visual recordings of our classes with your permission.
Liability – READ THIS SECTION CAREFULLY
16. Nothing in this agreement shall limit liability for death or personal injury caused by negligence or by fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
17. The services shall be provided with due care, skill and ability. Other than this, all warranties and representations are excluded to the fullest extent permitted by law. You must make us aware of any medical condition that may impact upon your ability to participate in the classes or that may impact on your health in the classes.
18. There shall be no liability for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement.
19. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the classes in the 12 months preceding any claim.
20. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
21. The provisions of this liability section shall survive termination of this agreement.
GENERAL
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
- If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you order Classes from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Class).
- Contracts for the purchase of Classes through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
