Terms and Conditions
St Margarets College Terms and Conditions
Conditions Governing Enrolment and Attendance at St Margaret’s College Theatre Dance Academy (TDA) for 2023
1. Payments and Accounts
Class fees and all other accounts are due and payable in advance. TDA reserves the right to review fees including sundry charges and concessions and the terms of trade termly and will notify these changes by email to parents and/or by publication through the St Margaret’s College TDA website page:Theatre Dance Academy - St Margaret's College (stmargarets.school.nz) before two weeks of the start of the new term where applicable.
St Margaret’s College has the right to charge interest and late payment fees on any overdue accounts. This interest will be set at 5% above the overdraft rate set by the College bankers. Late payment fees will be charged at $150 per account, per month until the account is paid in full. Interest will be calculated from the date payment is due until the date payment is made. Where necessary the St Margaret’s College Trust Board will recover all reasonable fees, legal expenses and collection costs if it becomes necessary to engage a collection agency or Solicitor to obtain payment of an overdue account. St Margaret’s College also has the right to require your child’s withdrawal from TDA where an account remains unpaid.
2. Minimum and Maximum Class sizes
Minimum class sizes are five students for regular classes and twenty for the Theatre Day, or at a lower or higher number which are set at the sole discretion of the College.
Where insufficient numbers are enrolled to reach the class minimum, classes may either be combined with other classes or maybe cancelled entirely at the sole discretion of the College. Where classes are cancelled due to insufficient numbers and there are no alternative classes available on offer then those bookings will be refunded.
Where the class size has reached a maximum, students will be placed on a waitlist and offered alternative times where possible.
3. Withdrawal from TDA and non attendance
The College requires punctual and regular attendance from all students. Lateness or absence must be explained by email to the Tutor and TDA Manager on the day of the student’s return.
4. Attendance
Withdrawal
Once enrolled and paid up for the term, refunds will not be granted and will only be agreed to under exceptional circumstances which are at the sole discretion of the College. For exceptional circumstances to be considered supporting evidence will be required.
Casual Absence or non attendance
Casual absence or non attendance due to holidays, sickness or other family circumstances cannot be refunded.
5. Supervision and Collection
All children 12 years or under must be supervised by a Parent or Guardian until the beginning of class. At the end of class, Parents or Guardians must collect their children immediately after their last class of the day.
6. Standards of Conduct
Both the students and parents are subject to all policies, procedures, handbooks and disciplinary code of the College. The College has the right to require the suspension or withdrawal of the student for any act or omission that is in breach of the above. The College has the right to update these policies, procedures and handbooks from time to time without notice. Where a student is suspended for any of the above reasons then no fee reduction will be allowable for the period of suspension.
No food or drink can be taken into the dance studios, except water. Students and parents are responsible for ensuring that all personal belongings and any litter is removed from the building.
7. Integrity of the College
The College will always have regard to the interests of the students and the College as a whole, as well as the interests of any individual student. The College has the right to require the withdrawal of a student, where in the opinion of the Trust Board, it is reasonable to do so.
8. Disclaimer of Liability
The College will ensure, as far as reasonably practicable, the health and safety of students in compliance with the Health and Safety at Work Act 2015. Students must comply with reasonable instructions issued by the College to protect the health and safety of all students and staff. The students also have a responsibility to take reasonable care for their own health and safety.
Parents and students must report any hazards to TDA staff as soon as possible.
Parents and students must participate in Health and Safety and Emergency Evacuation inductions, and or drills and must follow the direction of the tutor or TDA Manager if on site during these times.
Of particular note: Parents and students must not block or restrict corridors and passageways and or exit points at any time. Students and siblings must not climb on the metal girders or lean against the glass structures at any time. The glass bridge is out of bounds at all times.
9. Medical
Where a health risk or possible health risk is presented by others to your child or by your child to others, or because of a virus, pandemic or epidemic, students are required to remain at home until such time as the health risk has been averted. The College will be guided by the Ministry of Education and Ministry of Health guidelines. The College will continue to provide its teaching and learning services through remote or online services.
10. Complaints Resolution
In the event of any cause for complaint against the College, parents or guardians are required to take all reasonable steps to resolve any issue directly with the College prior to discussing or engaging with any third party. Any complaint must be pursued in accordance with the College Complaints Policy and no complaint may be pursued except in accordance with this Policy. The Complaints Policy may be updated from time to time without notice. This clause survives the termination of the Student Enrolment Contract.
11. Disclosure, Use and Updating of Student Information
All and any information which is in any way relevant to the College Dance Academy’s decision to enrol and provide dance instruction to the student must be fully disclosed by parents prior to enrolment and/or throughout the student’s enrolment as soon as reasonably practicable after becoming aware of this information. In particular (but without limitation), all information relating to the student’s medical history, psychological condition, allergies, behavioural, learning or emotional difficulties, and family issues, including any custody or guardianship issues and any associated Government regulation reporting requirements, must be disclosed. Where learning or social challenges have been identified/diagnosed, all information is to be provided to the College. If additional assistance is required as a result of these or any other challenges, the cost of these may be charged in addition to the basic College fees following notification.
It is acknowledged that the College may source similar ongoing information during the student’s enrolment at the College, either directly or indirectly, from the student with the data being stored within the College’s own databases or through contracted third parties, subject to the College’s strict data security and privacy controls and criteria.
It is acknowledged that the purpose of the collection of this information is to provide for the advancement of the students performing arts education, with specific reference to the dance and theatre disciplines . This information, and other information held or acquired by the College may be shared with staff of the College and with other members of the College Community, such as the Trust Board. Information relating to the student’s education, health, welfare or safety may be required by law to be released to parties outside the College such as government departments (e.g. Ministry of Education and Ministry of Health). The College will not otherwise disclose this information to outside parties without your authorisation.
Any information relating to the students enrolment in the TDA and acquired during the period of enrolment at TDA may also be used for social and fundraising and marketing activities within and by the TDA and St Margaret’s College.
12. Contact Information
In response to requests from parents, TDA reserves the right to generate contact lists, with information to be circulated for our TDA community purposes only and we request other parents respect the privacy of others and not use the information for any other purposes.
13. Photographing and Filming
The TDA and St Margaret’s College will from time to time take photographs and video footage of its students and parents and people associated with the TDA community for use in its TDA and College publications, its website and in other marketing and promotional material.
Please contact the TDA Management and or College office if you have any concerns about the publication of your daughter’s photo. You have the right to request access and to request correction of information held about you by TDA and the College. Please contact the TDA Management if you need to change your details.
No Videos or photos can be taken by parents or other students within TDA classes unless permission has been granted by the TDA Manager.
14. Personal Insurance
TDA and The College endeavours to provide a secure environment for personal belongings however it cannot guarantee such security and has no obligation to provide compensation for any loss or damage to students’ belongings while they are enrolled at TDA.
15. Force Majeure and College Closure
Where in the event of:
(i) Campus or classroom closure which is necessary to prevent harm to the students and/or teachers at the College pursuant to its obligations under any status, regulation, order of notice; or
(ii) The College or campus closes due to events beyond the reasonable control of the College - including but not limited to pandemics, epidemics, acts of God, earthquake, fire, explosion, flood, storm or other adverse natural events, riot, civil order, national emergency, terrorism or act of war, governmental action, strike, lockouts, work stoppage or other labour hindrance, or
(iii) The College otherwise considers that it is in the best interest of the students and/or teachers of the College to close the College or any of its buildings or facilities and/ or provide alternative remote teaching and learning, then the College can deliver remote/online learning or alternative campus teaching, and will not be liable to refund any fees as result thereof.
16. Termination of Contract
The College is entitled to cancel the enrolment contract agreement immediately, by notice in writing, without prejudice to our other remedies and without any obligation to return to you any acceptance or TDA fees paid, if parents are in material breach of any of their obligations under the annually updated Terms and Conditions, and have not remedied the breach (if it can be) within 14 days of a notice from us requiring it to be remedied. For the avoidance of doubt, material breach includes non-payment of amounts due to the TDA / College.
17. Changes to Terms and Conditions
The St Margaret’s College Trust Board and TDA Management reserves the right to amend the above terms and conditions and terms of trade including pricing and concession rates on a termly basis, with notice through its website (TDA Webpage) or via email, along with any other College policies and student agreements.
The annual update of Terms and Conditions supersedes any and all other previous terms and conditions.
18.Contract Enforcement
Severability
If any clause, or portion of a clause, in this Contract is considered invalid under the rule of law, it shall be regarded as stricken while the remainder of this Contract shall continue to full effect.
19. Applicable Period of Conditions of Enrolment
The Terms and Conditions and Terms of Trade, as amended each term, are ongoing and apply from the date of enrolling the student, or the first date of a student’s attendance, if earlier, and ends with the student’s withdrawal date from the TDA or final class preceding the term in which the student is no longer re enrolled.
20. Jurisdiction
The enrolment contract, between the College and the parents, or other signatories, to the contract, is governed by New Zealand law and will be under the exclusive jurisdiction of the New Zealand courts.