Introduction

1.1 This page sets out the Terms and Conditions by which Memory Theatre Group agrees to provide products and services to you and your child. Memory Theatre Group will be referred to as ‘MTG’ for the majority of these terms and conditions.

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. The current Terms and Conditions always appear here on our Website. When purchasing your next term, the most recent Terms and Conditions shall apply.

Weekly Workshops

The following provisions shall apply in relation to Weekly Workshops only.

2.1. FREE TRIAL SESSIONS

2.1.1 We will offer your child one Free Trial Session in a Class of their choice. This is providing:

a) There is availability in the Class;

b) When the Session takes places place, your child will be at least:

- three years and ten months and less than eight years of age (in the case of MTG Pinters class);

- eight years and less than 12 years of age (in the case of MTG Apollos); and

c) Your child has not previously attended any other Free Trial Session, Session or Holiday Course with us before.

3.1.2 You must book the Free Trial Session in advance with the Perform office over the telephone or online on our Website.

3.1.3 At the time of booking, the Free Trial Session must take place during the next two weeks of Term-Time.

3.1.4 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 Session.

3.1.5 You must check and sign the ‘Apply Here’ Form prior to the Free Trial Session ensuring that it is accurately and fully completed.

3.1.6 If your child refuses to take part in the Session, one further Free Trial Session may be arranged at our discretion.

3.1.7 Once your child has attended a Free Trial Session in whole or in part, additional Free Trial Sessions can only be arranged at our discretion.

3.2 SIGNING-UP

3.2.1 Booked Sessions

3.2.1.1 Sessions can only be booked termly and no less than a full term can be purchased.

3.2.1.2 Details of MTG Term-Time dates can be found on our Website. It is your responsibility to make yourself aware of these.

3.2.2 Payment

3.2.2.1 The cost of Booked Sessions and valid methods of payment are available on our Website.

3.2.2.2 The full cost of Booked Sessions minus any agreed discounts must be paid by the end of the first Booked Session.

3.2.2.3 If full payment is not received by the end of the first Booked Session, we reserve the right to suspend all Untaken Sessions and pursue payment for the full amount agreed at the time of booking.

3.2.3 Discounts

3.2.3.1 Limited discounts are available in certain circumstances.

3.2.3.2 Sibling discounts only apply to the younger children if, at the time of renewal or booking, the eldest child's Booked Sessions extend up to the younger child's first new Booked Session and all Siblings are attending the same day of sessions.

3.2.3.3 All discounts must be claimed at the time of booking. Any discounts found thereafter may be added to the following term’s cost at the discretion of the MTG team.

3.4 RENEWAL

3.4.4 If you have signed a Direct Debit agreement with us:

3.4.4.1 We will write to you to confirm that this has been set up, confirming the details you gave us. You will need to check these and let us know immediately if these are incorrect.

3.4.4.2 Nearing the end of term, you shall have 14 days from the date of the email notifying you of the automatic renewal to cancel these Sessions should you wish to do so. Otherwise the usual cancellation terms will apply.

3.5 SWITCHING

3.5.1 If you would like your child to Switch to a Class at a different time to their current Class, you must notify us at least three days prior to your child's intended first Switched Session. Subject to availability in the requested Class, we will arrange for the remainder of your child's Untaken Sessions to be taken at the alternative Class at no further cost to you (unless moving to an older and costly class).

3.6 CHANGES & CANCELLATIONS

3.6.1 All deposits, however paid, are nonrefundable.

3.6.2 You may cancel your child's Untaken Sessions at any time and for any reason.

3.6.3 In the event that you wish to cancel any Untaken Sessions:

a) If you inform us three or more working days before the first Session of that block of Sessions was to be attended, we will keep £50.00 per child on Your Account. We will refund any further amounts held by us in full if required.

b) If you inform us less than three working days before the first Untaken Session was to be attended, we will deduct the pro rata cost of the Untaken Session(s) from any amount you have paid. We will keep any further payments on Your Account.

3.6.4 You must notify Memory Theatre group at least three days prior to cancellation. Any other method of informing us will not be treated as notification for the purposes of this paragraph.

3.6.5 Only an Untaken Session may be cancelled.

3.6.7 Following cancellation, subsequent sessions must be booked in accordance with paragraph 3.2.

3.8 MISSED SESSIONS

3.8.1 Sessions missed for any reason may not be added on to the end of the Booked Sessions under any circumstances.

3.9 CONTENT

3.9.1 We reserve the right to alter, vary, omit or substitute any part or parts of any Workshop provided by us described in any promotional or other materials published by us or on our behalf.

3.9.2 In the event of any change in any content as described above, we will have no liability to refund any part of any fee or deposit paid.

3.10 WAITING LISTS

3.10.1 If your child is on a Waiting List, this does not guarantee a place in a particular Session.

3.10.2 We accept no responsibility and make no guarantees to the order in which places are offered.

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 MTG 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 MTG 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.

Payments and refunds

5.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

5.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, these will be securely stored by our online payment service providers. These details will be fully encrypted and only used to process transactions which you have initiated.

5.2 In circumstances where a payment is returned:

a) we reserve the right to exclude your child without refund or right to Make-Up Sessions in relation to Missed Sessions until the amount of the returned payment is repaid in full.

5.3 Refunds are issued in the form in which the original payment was made minus any costs to MTG from our online providers.

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

5.5 No credits or refunds will be issued retrospectively.

Liabilities

6.1 GENERAL DISCLAIMER

6.1.1 For the avoidance of doubt, all our products and services are provided on an "as is" basis and save as expressly stated herein without representations, conditions, warranties or other terms of any kind, either express or implied, including, but not limited to, child development, non-infringement or title but excluding the implied warranties of satisfactory quality and fitness for a particular purpose.

6.1.2 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website.

6.1.3 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.

6.1.4 We shall not be liable to you for any loss or expense which is:

6.1.5.1 indirect or consequential loss; or

6.1.5.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

6.1.6 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.

6.1.7 If you become aware of any breach of any term of this agreement by any person, please contact us.

6.2 YOUR ACCOUNT WITH US

12.2.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to keep your child safe.

6.3 CANCELLATIONS & VENUE CHANGES

6.3.1 We reserve the right to cancel any Workshop, Holiday Course, 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.

6.3.2 Occasionally it is necessary to temporarily change the venue of our Workshops, Holiday Courses or any other activity. Where this occurs we will endeavour to ensure that the alternative venue is no more than five miles from the usual location. If the distance is greater than five miles and, as a result, your child is unable to attend, subject to application in writing by you, we will credit Your Account with the amount you paid for the Missed Session.

6.4 HEALTH & INJURIES

6.4.1 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.

6.4.2 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.

6.4.3 We do not accept liability for death or personal injury to any child attending MTG or any activity related to MTG whether organised by MTG 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.

6.5 PERSONAL PROPERTY

12.5.1 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 MTG 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.

6.6 OTHER LOSSES

6.6.1 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.

6.6.2 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.

6.7 LIMITATIONS

6.7.1 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.

6.7.2 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.

6.8 THIRD PARTIES

6.8.1 A person who is not party to these Terms and Conditions or any agreement or document incorporating these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

Use of personal information

7.1 We may monitor and record communications with you (including phone conversations and emails) for quality assurance, legal, compliance and training purposes.

7.2 From time to time, photographs, film, video or audio recordings may be made during Perform activities for publicity, promotional or broadcast purposes. Please inform us before any such event if you do not wish you or your child to appear or be identified in any such material.

Miscellaneous

8.1 GENERAL

8.1.1 These Terms and Conditions and any documents referred to herein constitute the entire agreement between you and us in connection with your booking, purchase or use of our products and services superceding any prior agreements between you and us.

8.1.2 You agree that you have entered into these Terms and Conditions without reliance on any representation, warranty or undertaking by us which is not set out expressly in these Terms and Conditions.

8.1.3 We shall not be under any liability for any failure to perform any of our obligation under these Terms and Conditions if we are prevented from or delayed in so doing due to any circumstances beyond our reasonable control, provided that if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the contract.

8.1.4 If any payments which are due under these Terms and Conditions are not made by their respective due date, interest shall accrue on the full amount outstanding at a rate of 8% above the base lending rate of the Bank of England from time to time, from the due date until the date of actual payment.

8.2 INTERPRETATION

In this agreement unless the context otherwise requires:

8.2.1 a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

8.2.2 these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

8.2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

8.2.4 except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

8.2.5 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

8.2.6 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.

8.2.7 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

8.2.8 in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.