Please find set out below Terms upon which Gay Men’s Dance Company Limited (we/us/our) delivers our Performing Arts and Fitness classes (Our Classes). Please read these Terms carefully and ensure you understand everything before placing your booking. They tell you who we are, how we deliver our classes, how we or you may end the contract, what to do if there is a problem and other important information. If there are any Terms you don’t understand, please do not hesitate to contact us and we will provide clarification.
We are a limited company, registered in England and Wales under company number 10535520. You can contact us by telephoning us on 07828166112 or by e-mailing us at [email protected]
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post (please contact us by email or phone to get the address). If we have to contact you or give you notice in writing, we will do so by email, by hand, or by pre-paid post to the address you initially provide to us.
All Our Classes are subject to availability. We reserve the right to discontinue any of Our Classes at the end of any term. You acknowledge that many of Our Classes require physical exertion and therefore there is a risk of injury. You participate in any of Our Classes at your own risk. We do not accept any liability for any injury you incur save to the extent such injury is caused by any negligent act or omission on our part. When you book for a Class, you book for a specific term. Term lengths vary depending on the Class. Term details are set out on our Website.
MAKING A BOOKING.
To make a Booking, You must contact us via email or telephone to secure your place in the class. We will require a deposit of minimum £30 to do this. You can then pay the remaining fees in 2 instalments if you wish. You confirm that you are at least 18 and entitled to enter into this contract.
We will confirm acceptance of your Booking by email at which point a contract will come into existence between you and us. If we are unable to accept your Booking we will inform you of this. This might be due to there being no available places.
If you book the same class for 2 or more consecutive Terms we will automatically renew your Booking for that same class for subsequent terms, unless you notify us otherwise. If you do not wish your Booking to automatically renew you must notify us 4 weeks prior to the date of the commencement of the new Term.
Once your Booking has been accepted you shall be permitted to attend the class you have selected in your Booking (Your Class) at the location (Location) and for the duration of the term set out in your Booking. You should arrive at your Location (or any alternative location you are entitled to attend) at least 10 minutes prior to the time at which Your Class is due to start. We will deliver Your Class using all reasonable skill and care. We reserve the right to make the following changes to Your Class:- (a) the Class instructor; (b) changes to reflect changes in relevant laws and regulatory requirements. (c) to implement technical adjustments or improvements.
We will use all reasonable endeavours to ensure Your Class is delivered at the Location for the whole Term. There may be occasions where we need to change the Location. We will use all reasonable endeavours to secure a suitable location close to the Location. If any new location is not acceptable to you, you may, subject to places being available for Your Class, transfer to an alternative location. If we are unable to provide you with an alternative location, we will refund you any payment made for those classes included in your Booking which we have not yet provided.
If you are unable to attend Your Class at your scheduled time you may, attend an alternative session in the same subject at an alternative time & location. Should you wish to ‘class swap’ and attend an alternative session you do not need to contact us or book.
WHAT WE NEED YOU TO DO:
You must ensure all the information contained in your Booking (including but not limited to all health and medical information) is complete and accurate. This information will be used when determining whether to accept your Booking and will be provided to your Class instructor who will rely upon the same during your participation in Your Class.
If any of the information in your Booking changes please inform us as soon as possible so we can update our records.
You will provide us with such additional information as we may reasonably require from time to time and will ensure the same is complete and accurate in all material respects.
You confirm you have disclosed any medical condition which could impact upon your ability to participate in Your Class. It is your responsibility to ensure you are physically fit to participate in Your Class. If you have a medical condition which could impact upon your ability to participate in Your Class you should consult a medical practitioner prior to making your Booking.
When attending Your Class you will:- (a) comply with our reasonable instructions and those of Your Class instructor; (b) behave in a courteous and respectful manner towards all those attending Your Class. We reserve the right to remove you from Your Class and terminate this contract if you behave in an offensive, abusive or derogatory
manner at any time during Your Class; (c) comply with all health and safety rules and regulations and security requirements that apply at the Location and which we communicate to you. Due to the nature of Your Class it may be necessary for the Class instructor to make adjustments to your physical form and stature. If you are unwilling for the Class instructor to make such physical adjustments to you, you must inform your Class instructor at the start of each Class session.
We will not be liable for any delay or non-performance of our obligations where such delay or non-performance arises due to a failure on your part to comply with any of your obligations set out in these Terms.
CLASS FEES AND PAYMENT.
The fees you will pay to attend Your Class are quoted on our Website and will be confirmed at the time of your Booking (Fee). We will ask you to pay the full Fee or a minimum deposit of £30 on submitting your Booking. This deposit is non-refundable unless otherwise provided in these Terms. The remaining balance must be paid before the 4th class of the Term, this is 27 days from the commencement of you chosen class.
If you do not pay us when you are supposed to and you do not make payment within 7 days of us reminding you that payment is due we may suspend your right to attend Your Class until such time as you have paid us the outstanding amount. We will contact you to tell you we are suspending your right to attend. As well as suspending your right to attend we may also charge you interest on the overdue payment at the rate of 4% per annum above the base rate of the Bank of England, such interest to accrue daily.
CHANGE OF CLASS.
If you wish to change Your Class, please provide us with details of the requested change in writing. We will use all reasonable endeavours to accommodate your change. Upon receipt of your request, we will advise you of any impact of the proposed changes upon any agreed timescales, any necessary variations to our Fees and any other impact upon these Terms. No change will be implemented until such time as you and we have agreed the necessary changes.
OUR LIABILITY TO YOU.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
We do not exclude or limit in any way under these Terms our liability for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; (c) in any other circumstances where it would be unlawful for us to exclude or limit our liability.
If there is a problem If you have any questions or complaints about Your Class, please contact us. Our contact details are set out above. Nothing in these Terms will affect your legal rights. For more information regarding your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
YOUR RIGHT TO CANCEL.
You may contact us to end your contract at any time before we have delivered it or completed supplying it but in some circumstances we may charge you for doing so, as described below.
You may cancel this contract if you have a legal right to end the contract because of something we have done wrong. If you cancel the contract in these circumstances you will be entitled to a refund for those Class sessions for which you have paid but which have not yet been provided. You may also be entitled to compensation. You have the right to change your mind in respect of your Booking within 14 days of the date of us emailing you to confirm acceptance of your Booking (Cooling Off Period). However, if during your Cooling Off Period you have attended all classes within your Booking, you cannot change your mind even if the Cooling Off Period is still running.
If you cancel during the Cooling Off Period after Your Class has begun you must pay us for the Class sessions you have attended up until the date of cancellation. If payment has been made in advance you will only receive a refund for those classes which you were due to attend after the date of cancellation.
Even if we are not at fault or you do not have a right to cancel during a Cooling Off Period, you can still end the contract before the Term has finished but you will have to pay us:- (a) if you cancel up to 24 hours before 4th Class of the Term is due to be held (Refund Trigger Date), you will be refunded for those remaining Class sessions in the Term which you will not be attending. (b) if you cancel the contract at any time after the Refund Trigger Date you will not be entitled to any refund.
Please email us at [email protected] or call 07828 166 112 to cancel your contract, please confirm your full name, email address, telephone number and the Class you attend.
OUR RIGHT TO CANCEL.
We may have to cancel this contract before the start date for Your Class due to an Event Outside Our Control, should the Location or a Class instructor cease to be available or if there are insufficient numbers to enable Your Class to proceed. We will promptly contact you if this happens. If we have to cancel the contract in these circumstances we will refund any amount paid in advance by you.
We may cancel this contract at any time with immediate effect by giving you written notice or liability if: (a) you do not pay us when you are supposed to. This does not affect our
right to charge you interest; or (b) you do not comply with these Terms in a material way and you fail to correct such failure within such time as we reasonably ask you to correct the failure. If we terminate the contract in these circumstances we shall be entitled to retain all sums paid by you as compensation for the costs we will incur as a consequence of your failure.
EVENTS OUTSIDE OUR CONTROL.
There may be circumstances where our ability to deliver Your Class is prevented or delayed because of an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation planning restriction, archaeological find, legislative changes, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, adverse weather conditions, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you. There may be occasions where we are unable to contact you before you attend Your Class.
We will not be liable to you for any failure to perform or delay in our performance as a consequence of the Event Outside Our Control. Whilst we will use all reasonable endeavours to minimise the impact of the Event Outside of Our Control our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will recommence delivery of Your Class as soon as reasonably possible after the Event Outside Our Control is over.
USE OF YOUR PERSONAL INFORMATION.
We will use the personal information you provide to us to:
(a) process your Booking and deliver Your Class;
(b) process your payment; and
(c) to inform you about similar classes that we provide, but you may stop receiving these communications at any time by contacting us.
Your personal information will only be given to third parties where required or permitted by law.
During Your Class and any potential performances that stem from Your Class photographs and videos may be taken which may be used in a variety of printed, public and social media. You undertake to inform us before photos or videos are taken if you do not wish to be included in any media.
Further, you waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
OTHER IMPORTANT TERMS.
We may transfer or subcontract our rights and obligations under these Terms to another person or organisation, but this will not affect your rights or our obligations under these terms.
Save as permitted under these Terms, no variation to these terms shall be valid unless agreed in writing by us.
You have no right to transfer your rights or your obligations under these Terms to another person.
This agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
This agreement is governed by English and Welsh law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.