Services Booking Terms and Conditions ("booking policy")
1. BASIS OF AGREEMENT
1.1 These terms apply between you (“The Client”) and any service offered by JP Hevey (“Service Provider”) via Drama Skills (“Website”). Such services may include, but not limited to:
(a) The Groundwork; and
(b) The Hacks. (“Courses”)
(c) The Clinic; and
(d) The Audition (“Private Coaching Session”)
1.2 Any Order which The Client seeks to place with the Service Provider through the website or otherwise constitutes an offer by The Client to purchase a place on the relevant Course or Private Coaching Session (“ The Services”) subject to these terms and conditions to the exclusion of all other terms and conditions.
1.3 The Client’s Order shall only be deemed to be accepted by the Service Provider when the Service Provider notifies The Client in writing, usually by email or via the app, that your registration is approved for a selected Course or Private Coaching session, on which date (“Booking Date”) a confirmation of the booking between The Client and the Service Provider shall come into existence on the basis of these terms and conditions and any additional terms set out in the Service Provider’s confirmation email (the “booking confirmation”).
1.4 The Booking Confirmation constitutes the entire agreement between The Client and the Service Provider. The Client shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of the Service Provider which is not set out in the Booking Confirmation.
1.5 Any example coaching or training sessions or presentations, descriptive matter or advertising issued by the Service Provider and any illustrations or descriptions of the Services, contained in our catalogues, brochures or website are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Booking Confirmation or have any contractual force except where expressly provided in these Terms and Conditions.
2. SUPPLY OF SERVICES
2.1 Subject to receipt of the Charges by the Service Provider in full, they shall supply the Services to The Client in accordance with the Terms and Conditions set out on our website from time to time and in conjunction with the schedule in the booking confirmation.
2.2 The Service Provider shall have the right to make any changes to the Services that are necessary to comply with any applicable law or safety requirement which does not materially affect the nature or quality of the Services, or which The Service Provider considers desirable or appropriate in connection with the Services.
2.3 Unless otherwise specified in the Booking Confirmation, the Services shall be delivered as live online sessions via trusted software. It is The Client’s responsibility to ensure they have the required technology and software to attend the sessions online. The Client will need a reliable Wi-Fi connection. Any loss in connectivity will not be at the responsibility of the Service Provider.
2.4 The Service Provider is not responsible for ensuring the attendance of The Client to each session though the Service Provider will, where possible, remind The Client of the date and time outlined in the Booking Confirmation.
2.5 Where The Client cannot attend one of the scheduled sessions, the Service Provider will organise for a recording of the missed session to be made available for viewing until the next session.
2.6 For the security of The Client and The Service Provider, and on the occasion one of the course attendees cannot attend a session, the sessions of each Course shall be recorded and stored for up to five years. The recordings will not be made publicly available at any time and will not be used for promotional or marketing purposes.
3. CHARGES AND PAYMENT
3.1 The charges for the Services (the Charges) shall be as described on our website at the Booking Date.
(a) In relation to the Courses, an upfront payment of 25% (“The Deposit”) of the full Charges shall be received by the Service Provider in cleared funds within 48 hours of the Booking Date to secure the Booking Confirmation. The Deposit is non-refundable. Exceptions are:
i) Where the Booking Date falls within 10 days of the first session (“The Commencement Date”), the Client must pay the Charges in full.
ii) If the Booking Confirmation is not acknowledged by The Client during the first 48 hours of the Booking Date, then the Service Provider ceases the booking process and assumes the Client no longer wishes to proceed.
(b) The balance of the Charges must be received by the Service Provider in cleared funds no later than 10 days of the Commencement Date. Failure to remit the balance to the Service Provider within this period without communication from The Client, will entitle the Service Provider to replace the Client with another Course attendee and terminate the active agreement as detailed in the Booking Confirmation.
3.3 Private Coaching Sessions
(a) In relation to the Private Coaching Sessions, the Charges must be paid in full on acceptance by the Service Provider of the booking request. If paying by Bank Transfer, funds will need to be cleared within 48 hours of the Booking Date. In the instance of a Private Coaching Session, failure to pay the Charges in full will mean the booking process is cancellated and the Booking Request cancelled.
3.4 All amounts payable by The Client under the Booking Confirmation are exclusive of amounts in respect of value added tax chargeable for the time being where the Service Provider is not liable to charge VAT.
3.5 Subject to clause 4, Charges are non-refundable.
4.1 The Client may cancel the Agreement by notice in writing at any time up to 10 days before the Services Commencement Date (subject to clause 4.4). It is your responsibility to ensure and confirm that any notice of cancellation has been received by the Service Provider and that The Client has received an acknowledgement of receipt from the Service Provider. In the event of your cancelling the Agreement in accordance with clause 1 of this Agreement the Service Provider will retain any deposit paid but the balance of the Charges shall not be payable by The Client.
4.2 In the event of your cancelling the Agreement other than in accordance with clause 4.1 any deposit or Charges paid will be retained by the Service Provider as outlined below. It is at the discretion of the Service Provider to transfer the Deposit to an alternative Booking Confirmation by the same Client.
4.3 In the event of The Client being unable to attend more than 80% of the dates specified in the Booking Confirmation, and when payment for the Booking has been received, the Service Provider will use reasonable endeavours to accommodate requests for transfers to alternative dates or alternative Services but shall be under no obligation to grant such requests. If it is not possible to arrange for The Client to attend an alternative Services any deposit or Charges paid will be retained by the Service Provider.
4.4 All Services cancellations must be sent to us in writing by email to email@example.com. We cannot accept verbal Services cancellations.
This policy applies for all Services bookings made with us, over the phone or through the website (www.dramaskills.com).
4.5 Substitute delegates cannot be used, unless approved in writing by the Service Provider.
5. SICKNESS AND ILL HEATH
5.1 If the performance of any of the Service Provider’s obligations under the Booking Confirmation is prevented or delayed due to sickness or ill health, The Service Provider shall inform The Client as soon as is reasonably practicable and such sickness or ill heath shall constitute a Force Majeure Event for the purposes of clause 9.1.
6. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
6.1 We have spent considerable time and costs in the development of our coaching and training systems and processes and all the information which we provide in relation to the Services and in the materials, including but not limited to information provided orally, in writing or electronic form and delivered in lectures, seminars, discussions, coaching and training sessions (the Materials). The Client acknowledges and agrees that such information and materials may be confidential in nature and contain valuable trade secrets, technical and commercial know-how, specifications, inventions, processes and initiatives. The Client shall not make or permit the making of any copies, reproductions, recordings, interpretations or analysis of Services materials and shall restrict disclosure of any confidential information to such of The Client as need to know it for the purpose of performance of the Booking Confirmation, and shall ensure that such are subject to obligations of confidentiality and obligations prohibiting the reproduction of materials corresponding to those which bind The Client.
6.2 All Intellectual Property Rights (defined below) in or arising out of or in connection with the Booking Confirmation and in the Materials shall be owned by the Service Provider and nothing in the Booking Confirmation shall grant The Client any Intellectual Property Rights.
6.3 For the purposes of this clause 6, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
6.4 This clause 6 shall survive termination of the Booking Confirmation.
7. LIMITATION OF LIABILITY
7.1 Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence,
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.2 Subject to clause 7.1:
(a) we shall under no circumstances whatever be liable to The Client, whether in Booking Confirmation, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Booking Confirmation; and
(b) our total liability to The Client in respect of all other losses arising under or in connection with the Booking Confirmation, whether in Booking Confirmation, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges paid under the Booking Confirmation.
7.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Booking Confirmation.
7.4 This clause 7 shall survive termination of the Booking Confirmation.
8.1 Without limiting our other rights or remedies, we shall have the right to terminate the Booking Confirmation or cancel any Order immediately by notice to The Client.
9.1 Force majeure:
(a) For the purposes of this Booking Confirmation, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers.
(b) We shall not be liable to The Client as a result of any delay or failure to perform our obligations under this Booking Confirmation as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents the Service Provider from providing any of the Services for more than 6 months, we shall, without limiting our other rights or remedies, have the right to terminate this Booking Confirmation immediately by giving written notice to The Client.
9.2 We may at any time assign, transfer, charge, or deal in any other manner with all or any of our rights under the Booking Confirmation and may delegate in any manner any or all of our obligations under the Booking Confirmation to any third party.
9.3 No failure or delay by the Service Provider in exercising any right or remedy under the Booking Confirmation or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
9.4 If a court or any other competent authority finds that any provision of the Booking Confirmation (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Booking Confirmation shall not be affected.
9.5 Except as set out in these terms and conditions, any variation, including the introduction of any additional terms and conditions, to the Booking Confirmation shall only be binding when agreed in writing and signed by the Service Provider.
9.6 This Booking Confirmation, and any dispute or claim arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.