Terms and Conditions
TERMS AND CONDITIONS
These terms apply to any bookings you make on our website, using our class manager app and with us directly. Please read these terms carefully before you make any bookings, as they set out important information about yours and our rights and obligations.
1. About us
Perform Fit Academy is a sole trader based in South Cambridge, United Kingdom.
2. How to contact us
You can contact us by sending an email to [email protected] or calling us on 07469895031.
3. These terms
3.1 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Perform Fit Academy. These terms apply to the booking that you make with us, and may be enforced by us.
3.2 Any reference to ‘you’ or ‘your’ is to the person making a booking on our website, class manager booking app or with us in person.
3.3 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your booking.
3.4 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
4. Bookings
4.1 Please check your booking carefully and correct any errors before you submit it to us.
4.2 After you place your booking, we will send you an acknowledgment email to let you know that we have received your booking. This does not mean that your order has been accepted by us. Your booking is an offer to buy services from us on these terms.
4.3 Acceptance of your booking by us takes place when we send you a booking confirmation email, at which point a legally binding contract is formed between you and us on these terms.
4.4 If we do not accept your booking, for example because we are unable to take payment, the services are unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the services, we will email you using the details you provided when you placed your booking. We have the right to reject any order for any reason.
4.5 If payment is not received after 4 weeks of an invoice being sent out, we reserve the right to cancel your child's place and open the place up to another child.
5. Availability
All bookings are subject to availability. We cannot guarantee that any service will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services. If this happens and it affects your booking, we will notify you by email, offer you an alternative service, cancel your original booking and provide you with a credit to use on your next booking.
6. Making changes to your booking
If you would like to make any changes to your booking after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your booking.
7. Providing services
7.1 Descriptions of our services are set out on our website.
7.2 We will provide the services at the time(s) and on the date(s) selected by you or within the period agreed with you during the booking process.
7.3 The services will be provided at the location selected by you when you placed your booking. We only provide services within the areas specified.
7.4 We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
7.5 Where there is a delay to the start time of a class caused by circumstances beyond our reasonable control, we will usually try to start the services as soon as the issue causing the delay has been resolved. If the services are delayed by more than 20 minutes, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your booking and get a credit in respect of the cancelled booking to use for future booking.
8. Prices
8.1 Prices for our services are set out on our booking app. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude, uniforms and other merchandise.
8.2 Prices for our services vary and our booking system will show the price for the class and location you choose.
8.3 Prices for our services may change at any time. Except as set out in clause 8.4 below, such changes will not affect existing bookings.
8.4 If there has been an error on the website regarding the pricing of any of our services and this affects your booking, we will try to contact you using the contact details you provided when you placed your booking. We will give you the option to re-confirm your booking at the correct price or to cancel your booking. If we are unable to contact you, we will treat the booking as cancelled and notify you by email.
9. Payment
9.1 We currently offer two ways to pay for our classes: Pay in Advance where classes are booked in a block in advance till the end of a term and Pay As You Go (available only for certain classes as specified on our booking system) Different terms apply for each payment method as set out below.
9.2 We accept all major credit card and debit card providers. All credit card and debit card payments need to be authorised by the relevant card issuer.
9.3 If your payment is not received by us when due, a one off late payment charge will automatically be added to your invoice by our booking system.
10. Pay in advance
10.1 We require an advance payment in full for the term. We will invoice you for your booking and payment should be made within 2 weeks.
10.2 You may request to change or add classes after enrolment in each term. Please give us as much notice as possible if any changes are required. Written notification of intention to change must be given to us and all changes will be made at management's discretion. Any difference in class fees must be paid at the time of notification before the change or added classes will be confirmed.
10.3 Subject to Clause 15, in the event that you need to cancel a class you have enrolled on prior to the term commencing, written confirmation will be required and fees will be refunded or credited as follows: a) more than 7 days’ notice in advance of term commencing, we will refund the fees; b) less than 7 days’ notice, we will refund the fees, less 3 weeks’ to cover our costs and to reflect that the space will not be immediately filled; c) once term has commenced, fees are not refundable.
10.4 If the term has already commenced, an account credit may be applied at management discretion provided we have received a minimum 3 weeks’ notice, as set out in clause 15.5 and 15.7 below.
11. Trial classes
11.1 You are entitled to book one free trial per class only. Any bookings made in excess of this will be cancelled immediately.
12. Missed classes
12.1 No refunds will be given for any missed classes.
12.2 You may book up to two catch up lessons per term for any missed classes subject to availability and not to be taken within the final week of any term or in the month leading up to a show.
12.3 Missed classes cannot be rolled over to the following term. This is the case even where you were not able to book onto a class due to your preferred class being at capacity.
13. Our right to cancel
13.1 We may end the contract with you at any time on notice to you if you seriously breach these terms and conditions. If a breach by you is less serious but you have failed to cure that breach within 7 days of our notice requiring you to do so, we may also end the contract.
13.2 If we end the contract, you will not be entitled to attend our classes or workshops. If you have paid the price for that booked service in advance we are entitled to deduct from your refund or to charge you an additional amount (which you must pay) to reasonably compensate us for any costs and losses we have incurred as a result of you breaking the contract with us. This may mean that no refund is applicable.
14. Your right to cancel
14.1 You have 14 days from the date of your booking confirmation email to change your mind and cancel your booking.
14.2 We will not provide any services during the 14-day cancellation period unless you request for us to do so when you place your booking. We are under no obligation to accept your request.
14.3 If you request for us to start providing services during the 14-day cancellation period and we agree to do so, this will impact your rights to cancel as follows: a) you lose your right to cancel once the services are fully performed and will not be entitled to a refund even if the cancellation period has not expired; b) if the services have not been fully performed, you will be required to pay for the services we provided up to the time that you told us that you want to cancel.
14.4 If you cancel within the 14 day cancellation period, we will provide you with a refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel. If services have been provided during the cancellation period at your request, we will make deductions from any refund due to you as explained in clause 14.3 above.
14.5 If you cancel after the 14 day cancelation period, we will issue credits to your Perform Fit Academy account to be used on future bookings. These credits expire 12 months after they are issued.
14.6 To cancel your order for a trial class or services booked using our pay in advance option, please email us at [email protected] or call us on 07469895031. To help us process your cancellation more quickly, please have your order number ready or include it in the email you send to us. Please note all pay in advance plans are subject to three weeks’ notice.
14.7 We will issue your refund to the same payment method you used when you placed your order.
15. Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control, this includes but is not limited to COVID-19, serious illness and any future pandemics, and other ‘acts of god’.
16. Our responsibility to you
16.1 If we breach these terms or are negligent, we are liable to you for loss or damage that you suffer as a result. This liability is only for loss that we could reasonably foresee at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
16.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
16.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
16.4 We do not accept responsibility for the damage or loss of goods left on the premises prior to, during or after any of our classes.
16.5 We have in place a public liability insurance policy to the value of £1,000,000.
17. Drop off classes
17.1 All of our classes are drop off classes.
17.2 Children under 3 years old are not permitted to attend a drop off class.
17.3 Parents of new students are permitted to attend their child’s first trial class only.
17.4 You should book a trial and ensure your child can attend independently before enrolling in the class for the full term.
17.6 All workshops are drop off only.
18. Health and safety
18.1 The Perform Fit Academy provides for the safety and care of students whilst on the premises.
18.2 Please be aware that due to the nature of our classes and for your child's growth, development and safety it will be necessary at times to engage in physical contact with your child. This will always be done in an appropriate manner and with your child’s best interests in mind.
18.3 It is your responsibility to tell us of any condition affecting your child. We cannot be held responsible if you do not tell us of any circumstance or condition that we would reasonably need to know to provide our services safely.
18.4 All children under the age of 18 must be collected by a parent/guardian unless written notice has been received in advance. I.e. A child being allowed to walk home alone. We ask that you do not wait in the car park and come to the studio to collect your child so that we can ensure each child has a parent/guardian collecting them.
19. Personal Property
19.1 We accept no liability for loss or damage to valuables, baggage or personal property including dance kits and attire unless such loss or damage is proven to be due to our negligence or that of our employees.
19.2 You must name all personal possessions brought to our classes and workshops and must ensure your children take all appropriate measures for the protection and security of any valuables, baggage or other personal possessions. Expensive and treasured items should not be brought to our classes as these are unnecessary and not required.
20. Medical Disclaimer and Health and Safety
20.1 It is your responsibility to inform us at the time of booking or, where relevant, as soon as you become aware, of any actual or anticipated injuries, disabilities, medical, social or behavioural problems or circumstances affecting your child attending one of our classes or workshops. We cannot be held responsible for any loss or damage caused by your failure to keep us informed of any relevant health or medical information. Please ensure that any medications (including epi pens and inhalers) are brought to all classes and workshops each day and staff are made aware of the situation.
20.2 Any health information we hold will be treated sensitively and in line with our Privacy Policy.
20.3 We reserve the right to refuse entry to our classes or exclude any child and/or cancel the booking and future bookings for any child at any time if we reasonably believe that important information affecting the health and safety of the child, our staff or other children has not been provided to us.
20.4 In an instance where a child is seen by our first aiders and has been deemed to be well, if a parent then requests the child to be taken to a doctors’ surgery or hospital a parent/guardian will need to come and collect the child.
20.5 You and your child shall at all times take such precautions as shall be necessary and/or as may be reasonably required by us to prevent or restrict the spread of infectious or contagious diseases such as chicken pox, gastroenteritis or other similar conditions.
21. Teachers
21.1 We engage industry based professionals to instruct classes. At times scheduled teachers may not be available and as such an alternative teacher of equal or greater qualification will replace the scheduled teacher. Due to the nature of the industry and the high standard of teachers employed at Perform Fit Academy, teachers may rotate and change at the discretion of management.
21.2 All of our teachers undergo an enhanced DBS check.
22. Photos and videos
22.1 By enrolling your child at Perform Fit Academy you acknowledge that photos and videos may be taken in class. We ask a separate consent form to be completed via our booking system when making class bookings. You are responsible for keeping your consent settings up to date if your circumstances change via your booking system account.
22.2 The Perform Fit Academy may also take photos for advertising purposes to be used on social media, websites and print. We will only ever use photos of your child provided we have your prior consent.
22.3 You may withdraw consent at any time by written notice to management. If you do so, this does not invalid consent given for any past images.
22.4 We reserve the right to request no photos or videos be taken by parents in class, workshops or performances.
23. Uniform, dance accessories and books
23.1 All students enrolled in our classes must wear Perform Fit uniform whilst partaking in our classes, with the exception of trial bookings.
23.2 Uniform is manufactured and sold by other third parties. We do not accept any liability in respect of these third parties.
23.3 If you have any issues regarding your uniform purchase, please email us at [email protected] and we will do our best to resolve any issues with the uniform provider.
24. Your information
Any personal information that you provide to us will be dealt with in line with our Privacy Policy, please email us at [email protected] if you would like to be provided with a copy which explains what information we collect and hold about you, and how we collect, store, use and share such information.
25. No third party rights
No one other than us or you has any right to enforce any of these terms.
26. Transfer of rights
26.1 We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
26.2 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. A place in a class is only for the named child.
27. Complaints
If you are unhappy with us or the services we have provided to you, please contact us at [email protected].
28. Governing law and jurisdiction
The laws of England and Wales apply to these terms and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.