Terms and Conditions

1. Agreement: These terms and conditions (Terms) are between Elevé Dance Ltd (company number 16036226), a company incorporated in England and Wales (we, us or our) and you, the person booking or receiving the Services (either for yourself or as a parent or guardian on behalf of your child) (you or your). Where you are a parent or guardian, references to ‘you’ or ‘your’ mean you, or your child as the context requires.

2. Acceptance: You accept these Terms by clicking ‘I Accept’ or when making a booking through the Class Manager platform (Platform).

3. Accounts: You must create an account on the Platform in order to make a booking (Account). Your use of the Platform is subject to the Platform’s terms and conditions. In case of any conflict or inconsistency between the Platform terms and conditions and these Terms, these Terms will prevail. It is your responsibility to ensure that any personal data you give to us when creating an Account is accurate and up to date. It is also your responsibility to keep your Account details confidential.

4. Right to Cancel: You may cancel the Services within 14 days of the date when you make a booking with us (Cancellation Period). We will not commence the provision of the Services during the Cancellation Period unless you expressly request us to do so.

Please note that where you expressly ask us to commence the provision of the Services during the Cancellation Period:

• you will lose your right to cancel the Services, if the relevant Services are fully performed by us; and

• you will be liable to pay to us an amount for the relevant Services supplied up to when you inform us that you intend to cancel the Services, which will be proportionate to the full price for the relevant Services.

5. Services: We agree to provide the Services, being the dance classes (Classes), to you pursuant to these terms and conditions. The Services are those chosen by you as set out on the Platform.

6. Blocks: You may purchase a single, private Class, block of Classes or other offering as made available by us on the Platform. Class blocks run in accordance with school term timings, for the time periods set out on the Platform (Blocks) and will be automatically renewed for subsequent periods as set out on the Platform (Renewal Block). You acknowledge and agree that your booking for Blocks is ongoing and will automatically renew for each subsequent Block, unless you contact us to cancel the Services prior to each Renewal Block in writing using the contact details on the Platform. You acknowledge and agree that upon completion of each Block:

• we will reserve your place in the Classes; and

• you will be automatically enrolled in the Classes for the following Renewal Block.

We will send you an auto-renewal confirmation for each Renewal Block, payment will be due in accordance with the payment terms on the Platform.

7. Bookings: You may book Services through the Platform. Your booking is confirmed once we receive payment. We reserve the right to decline any booking at our reasonable discretion.

8. Cancellations: You may request to cancel a booking by contacting us. We require the following notice for Classes where you would like to cancel:

(a) Ongoing Classes forming part of a Block: 1 months’ written notice prior to each Renewal Block; and

(b) Private one-off Classes: 7 days’ prior written notice required.

(c) Competition Rehearsal: For the avoidance of doubt, competition rehearsals are non-refundable and non-cancellable after we provide you with confirmation of the scheduled competition date or after you have participated in the relevant confirmation.

9. Cancelling private Classes with less than 7 days’ notice: Subject to your right to cancel under consumer laws (see clause 4), where you provide us with notice to cancel your private, one-off Class, with less than 7 days’ written notice, you will not be provided with a refund. You must provide us with at least 7 days’ prior written notice in order to receive a refund of the price for the relevant Class or Classes.

10. Injuries preventing attendance: If you cannot attend Classes due to injury, we may hold your place in the Classes at our sole discretion, subject to you providing us with medical evidence from a qualified healthcare professional. You may only return to Classes once medically cleared to do so, and we may request written medical evidence that confirms you are fit to participate in the Classes.

11. Your Obligations: You agree that you will:

(a) comply with our reasonable requests and requirements;

(b) provide accurate information to us;

(d) arrive on time for all Classes;

(e) wear appropriate clothing and footwear to the Classes;

(f) ensure that your hair is tied back for safety;

(g) bring outerwear (such as a the Elevé Tracksuit) for warm ups;

(h) bring adequate refreshments to Classes;

(i) ensure mobile phones are not used during Classes unless for emergencies;

(j) maintain up-to-date and correct contact details on the Platform;

(k) not attend if you are suffering from any illness that could risk others' health or safety;

(l) inform us of any pre-existing medical conditions, disabilities, or injuries that may affect participation in the Services.

(m) inform us of any physical or medical conditions that may affect your participation; and

(n) treat our premises, staff and equipment with respect.

You acknowledge and agree that we reserve the right to remove any student from a Class for serious misconduct that is disruptive or poses safety risks.

12. Safeguarding: For students under 18, parents or guardians must bring children into the building, wait until received by our staff, and remain contactable at all times during Classes.

13. Training Standards: To maintain teaching consistency and avoid conflicting techniques, we recommend focusing on one dance school per style. If you attend classes at another dance school, in the same style as ours, this may affect your progress and our ability to prepare you for performances, competitions and examinations.

14. Merchandise and class attire: You must wear appropriate attire for each Class, including appropriate footwear. Requirements will vary by age range, and we will communicate any clothing requirements to you in advance of your Class(es). Class attire must be ordered through us, and we will communicate pricing and payment terms to you in writing at the time of your order request.

15. Competitions and performances: We may invite you to participate in competitions and performances based on your skill level and attendance. If you would like to participate in competitions and performances, we require separate booking and payment of relevant expenses in advance. Expenses include but are not limited to entry fees, administrative costs and any costume/ticket costs. All additional expenses in relation to competitions and performances will be notified to you in advance, and in writing. The following cancellation policies will apply to competitions and performance bookings:

(a) For competitions: Bookings for competitions may only be cancelled before our submission deadline to third parties; and

(b) For performances: We will communicate the relevant deadline to cancel your place in writing.

16. Examinations: We will inform you when we assess that you are ready for any dance related examinations. You may choose which examinations you would like to book, and we may facilitate examination bookings on your behalf. If you have expressed interest in an examination, we will provide you with details of:

• any examination fees;

• our administrative costs (if any); and

• third-party examination boards’ terms and conditions.

You acknowledge and agree that your examination booking is subject to the relevant examining board’s terms and conditions. We act as an agent only in making the booking on your behalf.

17. Medical Information: You must provide us with accurate medical information and inform us of any conditions that may affect your participation in the Classes.

18. Content and Recording: You agree not to share any rehearsal videos, unfinished choreography, or instructional content whether recorded by us or you, on social media and other related platforms.

19. Payment: The prices will be set out on the Platform when you book. Payment must be made in full at time of booking, unless we otherwise agree in writing.

20. Late Payments: If you don’t pay on time as agreed, we can choose to stop providing the Services 5 business days after the payment was due. We can also ask you to pay for any extra costs we face because you didn’t pay on time (including interest). This includes any costs to recover those payments from you.

21. Intellectual Property: Each party will maintain ownership of any intellectual property they independently create prior to or during the duration of these Terms. There will be no transfer of intellectual property rights between the parties, except as explicitly outlined in these Terms.

22. Termination for breach: These Terms may be terminated by either party (the Non-Defaulting Party), with immediate effect, if the other party (the Defaulting Party) fails to fulfill an obligation under these Terms and the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party.

23. Suspension: We may suspend the provision of Services to you:

(a) if we reasonably suspect you are in breach of these Terms; and

(b) while we investigate the suspected breach.

If, following our investigation, we reasonably believe you are in breach of these Terms, we may terminate these Terms immediately, without penalty, by written notice to you.

24. Consumer law: Under the Consumer Rights Act 2015 and other applicable UK consumer protection laws, certain statutory rights apply to the supply of goods and services. In summary, these rights mean that we are required to ensure that the Services:

(a) are performed with reasonable care and skill;

(b) are as we describe them to you; and

(c) are carried out within a reasonable time and for a reasonable price, if we have not agreed the time and price with you.

Nothing in these Terms is intended to affect or limit your rights as a consumer.

25. Liability: We will perform the Services with reasonable care and skill. However, we are not liable for any indirect or consequential losses that may arise. Subject to your consumer law rights and the following sentence, our total liability under these Terms is limited to the price paid or payable by you for the Services. We do not exclude or limit in any way our liability to you where it would be unlawful to do so, which includes liability for fraud or fraudulent misrepresentation, and death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.

26. Recreational Activities: We will inform you of the inherent risks associated with the recreational activities at around the time of you booking the Services. You acknowledge and agree that participating in recreational activities involves inherent risks, and to the fullest extent permitted by law, by agreeing to these Terms and participating in recreational activities, you agree to assume these risks voluntarily, and agree that we will not be liable for any death or personal injury you may suffer, except to the extent caused by our negligence.

27. Confidentiality: Both parties commit to maintaining the confidentiality of any confidential information shared while these Terms are in place.

28. Dispute Resolution: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.

29. Governing Law: Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

30. No third party rights: Nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to them.

31. Privacy: We will comply with all applicable data protection laws with respect to the transfer or processing of any personal data in connection with these Terms. We handle your personal data in accordance with our privacy policy, available on our website elevedance.co.uk.

32. Publicity: Other than your child where you are acting on their behalf, you acknowledge and agree that we will take photos and record videos at our Classes in order to advertise or publicise the broad nature of our Services, including on our website, social media or in our promotional material. We agree to obtain your prior written consent before doing so.

33. Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the parties.

34. Subcontracting: We reserve the right to subcontract any portion of the Services at our discretion without needing to get your written approval beforehand. We commit to being fully responsible for fulfilling our obligations under these Terms, and we will ensure that any subcontractors we employ will adhere to the terms of these Terms as if we were performing the Services directly.