Introduction
1.1 This page sets out the Terms and Conditions by which Perform Workshops Ltd. agrees to provide products and services to you and your child.
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. On renewal of Sessions or purchase of any Perform product or service, the most recent Terms and Conditions shall apply.
Definitions
2.1 "Booked Session" is a Session that we have agreed, verbally or in writing, that your child may attend.
2.2 "Carrier" means any person or business contracted by us to carry Goods from us to you.
2.3 "Class" refers to one self-contained Workshop as part of a School that occurs at a specific time on the same day at the same venue each week during Term-Time.
2.4 "Challenge" is an appraisal and subsequent award designed to celebrate children's achievements as they progress through Perform.
2.5 "Content" means any content in any form published on our Website by us or any third party with our consent.
2.6 "Holiday Course" is a course running during school holidays offering drama, dance and singing activities for a certain amount of hours per day for a period of between one and five consecutive days.
2.7 "Feedback Form" is a form sent to you by us on or around your child's eighth Booked Session.
2.8 "Free Trial Session" is a Session we agree to provide at no cost to you in accordance with clause 3.1.
2.9 "Goods" means any of the goods we offer for sale on our Website, or, if the context requires, goods we sell to you.
2.10 "Inform", "Notify", "Communicate" and "Contact" are the processes by which we exchange information and enter into contracts regarding our products and services.
2.11 "Perform Schools", "Workshops" or "Classes" refers to Schools, Workshops and Classes for children aged 4years to 12 years of age.
2.12 "Make-Up Session" is a one-off attendance at a Perform School following a Missed Session.
2.13 "Merchandise" is a physical product sold by us.
2.14 "Missed Session" is a Booked Session, no part of which has been attended by your child.
2.15 Our "Website" www.perform.org.uk and all associated Perform websites which are accessible through www.perform.org.uk.
2.16 "Perform Party" or "Party" refers to themed drama, dance and singing activities facilitated by us on premises provided by you.
2.17 "Perform School" or "School" refers to all Classes occurring on the same day at the same venue or online each week during Term-Time.
2.18 "Perform Shop" refers to the part of Perform that sells physical products and downloads either via our Website or via Weekly Workshops, Holiday Courses or Parties.
2.19 "Perform", "we", "us" or "our" refers to Perform Workshops Ltd. and any of its directors, officers, employees, managers, subcontractors, agents, parent, subsidiary and affiliated companies.
2.20 "Perform For Schools" is the trading name under which we offer workshops to primary schools.
2.21 "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
2.22 "Registration Form" is the electronic, pre-printed or blank form we will give to you to check and complete when you attend a Free Trial Session or Holiday Course and before leaving your child with us.
2.23 "Session" refers to a particular Class held at a specific time on a specific date at a specific venue for a specific duration.
2.24 "Sibling" is a younger brother, sister, half-brother, half-sister, step-brother or step-sister of a particular child.
2.25 "Switching" is the process by which we permanently change any Untaken Sessions from one Class to another Class at the same Perform School. "Switch" shall be construed accordingly.
2.26 "Term-Time" denotes the periods throughout the year during which we run regular weekly Workshops as stated on our Website.
2.27 "Transferring" is where a child moves permanently from one Perform School to another. "Transfer" shall be construed accordingly.
2.28 "Untaken Session" is a Booked Session which has not yet been attended and which is not due to occur within the next three working days.
2.29 "Vouchers" are vouchers given pursuant to Section 10.
2.30 "Waiting List" is a list maintained by us comprising children who wish to attend a particular Session which is over-subscribed.
2.31 "Weekly Workshops" is the generic term for the regular general drama, dance and singing Sessions offered by Perform.
2.32 "You" refers to a person or organisation buying products or services from us.
2.33 "Your Account" is a notional account you have with Perform reflecting purchases you have made from us, payments we have received from you or payments made on your behalf and credits applied by us or transferred to you. If Your Account is in credit, you can use the amount of this credit against any purchases of Perform products and services for your child, their Siblings or an unrelated child.
2.34 "Your child" is any child for whom you are nominated as an authorised adult on the Registration Form regarding your dealings with us and we therefore deem to be in your care. "Children" shall be construed accordingly.
Weekly Workshops
The following provisions shall apply in relation to Weekly Workshops only.
3.1. FREE TRIAL SESSIONS
3.1.1 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 Perform Schools for 4-7s);
- eight years and less than 13 years of age (in the case of Perform Schools for 7-12s); and
c) Your child has not previously attended any other Free Trial Session, Session or Holiday Course subject to paragraph 3.1.7.
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 Registration 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 Subject to paragraph 3.4.3, you must book ten Sessions at any one time. Sessions will run on consecutive weeks during Term-Time and may span the holidays.
3.2.1.2 Details of Perform 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. Only one discount can be used against the cost of Booked Sessions at any time.
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 Session.
3.2.3.3 Discounts with expiry dates may be used past the expiration date if you have paid a deposit of £50.00 per child before the expiration date.
3.2.3.4 All discounts must be claimed at the time of booking. No retrospective discounts or refunds will be offered.
3.2.3.5 Discounts offered on the setting up of a Direct Debit will not apply if you have cancelled an existing Direct Debt before.
3.3 MERCHANDISE
3.3.1 All Merchandise must be paid for at the time of purchase.
3.3.2 Refunds will only be offered for merchandise returned in a saleable condition within fourteen days of delivery where the cellophane wrapper is intact.
3.3.3 Merchandise proven to be faulty will be replaced if returned within seven days of purchase.
3.3.4 The relevant class Perform T-shirt must be purchased and worn by the child to every Booked Session. We reserve the right to refuse admission without refund if a child is not wearing a correct Perform T-shirt.
3.4 RENEWAL
3.4.1 We will send you a Feedback Form on or after your child's pre-penultimate Session or, if you have a Monthly Direct debit, in the last two weeks of the term. This will provide feedback on your child. It will also act as a notice to you to book a further ten consecutive Sessions.
3.4.2 Please note that if payment for a further ten Sessions is not received by the current tenth Session, no further Sessions will be booked and your child will be automatically withdrawn from the Class. Further attendance will require rebooking which is subject to availability.
3.4.3 If you wish to renew Sessions for your child to the end of term only (being less than ten consecutive Sessions), you may make payment for the remaining Booked Sessions of the term, which shall be calculated on a pro rata basis at the single Session price.
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 Approximately 3 weeks before your child's final Session, we will email you stating that your child has been automatically renewed for another ten Sessions (or for the following month if you have a Monthly Direct debit) at the current rate, minus any valid discounts and redeeming Vouchers on your account. The email will state when this amount will be collected from your account. This will usually be after your child's penultimate Session.
3.4.4.3 You shall have 14 days from the date of the letter 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 cost to you.
3.6 TRANSFERRING
3.6.1 If you would like your child to Transfer to a School other than the one they are currently attending, you must notify us at least three days prior to your child's first intended Transferred Session. Subject to availability in the requested Class, we will cancel your child's Untaken Sessions and apply any resulting credit to the cost of ten new Booked Sessions.
3.6.2 The new Booked Sessions may not be attended until you have paid for any additional Sessions in full.
3.6.3 Any credit resulting from a Transfer pursuant to paragraph 3.6.1 will be credited to Your Account.
3.7 CHANGES & CANCELLATIONS
3.7.1 All deposits, however paid, are non-refundable.
3.7.2 You may cancel your child's Untaken Sessions at any time and for any reason.
3.7.3 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.
3.7.4 You must notify the Perform Office directly by telephone (by speaking to an operator) 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.
3.7.5 Only an Untaken Session may be cancelled.
3.7.7 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.
3.8.2 If your child misses a Session, subject to availability, you may arrange a Make-Up Session at another Class in the same or a different Perform School.
3.8.3 In order to take advantage of a Make-Up Session, you must notify us by telephone by 11.00am on the day that you would like your child to attend the Make-Up Session. In the case of Monday Workshops, you must notify us by 11.00am on the preceding Saturday.
3.8.4 There is no time limit for attending Make-Up Sessions save that, at the time of the Make-Up Session, your child must have at least one Untaken Session at the School where the Missed Session occurred.
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 Subject to paragraph 3.10.3 below, we intend to contact customers and prospective customers on the Waiting Lists in this order:
a) Existing Perform customers attending another Class in the same Perform School; then
b) Prospective customers who have paid a £50.00 deposit per child; then
c) Other children on the Waiting List.
3.10.3 We accept no responsibility and make no guarantees to the order in which places are offered.
3.10.4 Waiting List deposits are non-refundable but are treated as credits on Your Account and can be used and transferred in the same way.
Holiday Courses
The following provisions shall apply in relation to Holiday Courses only.
4.1 PAYMENT
4.1.1 The cost of Holiday Courses and valid methods of payment are available on our Website.
4.1.2 The full cost of the Holiday Course minus any agreed discounts must be paid at the time of booking the Holiday Course.
4.1.3 If full payment is not received at the time of booking the Holiday Course, we reserve the right to cancel the booking.
4.2 ROLES
4.2.1 While we endeavour to offer most children a speaking or singing solo role, this is not always possible and bookings contain no guarantees to this effect.
4.3 MISSED SESSIONS
4.3.1 No refunds or Make-Up Sessions are available for Missed Sessions during an Holiday Course under any circumstances.
4.4 CHANGES & CANCELLATIONS
4.4.1 If you have booked an Holiday Course and you now wish to cancel:
a) If you inform us more than three weeks before the commencement of the Holiday Course, we will credit Your Account with 50% of the amount paid. Any additional payments will be refunded if required.
b) If you inform us between one and three weeks before the commencement of the Holiday Course, you will forfeit 50% of the amount paid. We will credit Your Account with the other 50%.
c) If you inform us less than one week before the commencement of the Holiday Course, you will forfeit the entire amount paid for the Holiday Course.
4.4.2 If you have booked an Holiday Course and, before it commences, you inform us you wish to change your booking from one Holiday Course to another in the same holiday period, subject to availability, the payment of any difference in cost and our complete discretion, you may do so without financial penalty.
4.5 UNIFORM
4.5.1 The relevant Perform T-shirt must be purchased and worn by the child to every day of an Holiday Course. We reserve the right to refuse admission without refund if a child is not wearing a correct Perform T-shirt.
Parties
The following provisions shall apply in relation to Parties only.
5.1 PAYMENT
5.1.1 The cost of Parties and valid methods of payment are available on our Website.
5.1.2 The full cost of the Party minus any agreed discounts must be paid at the time of booking the Party.
5.1.3 If full payment is not received at the time of booking the Party, we reserve the right to cancel the booking.
5.2 ENVIRONMENT
5.2.1 You shall be responsible for booking a suitable venue for the Perform Party to take place as well as providing any equipment and materials required for the party, unless otherwise agreed that we will provide the same.
5.2.2 As we have no control over the venue or environment of Party activities, we accept no responsibility for problems relating to:
a) The space for the Party activities not being of a sufficient size;
b) The ratio of children to Party Leader being too large (we suggest a maximum of 25 to 1);
c) Inadequate control of the Party because of lack of support from parents or adult attendees (this can include disturbing the activities, talking or sharing the same space as the children);
d) Failure to provide a working CD player or a mains power source if this has been agreed;
e) Failure to provide accurate details on location or the address of the party venue; or
f) Failure to inform us of any special issues in advance.
5.3 CHANGES AND CANCELLATIONS
5.3.1 If you have booked a Perform Party and now wish to change the date or time, you may do so without cost providing:
a) We have not booked a Party Leader for the Party at the time of notification; and
b) Another Party Leader is available at the new time.
5.3.2 If either of the above make changing the time impossible, Cancellation terms will apply as set out in paragraph 5.3.3 below.
5.3.3 If you have booked a Perform Party and now wish to cancel
a) If we have not yet booked a Party Leader, we will credit Your Account with 50% of the amount paid which you can use to fund future purchases from Perform. Any additional payments will be refunded if required.
b) If we have already booked a Party Leader, you will forfeit 50% of the amount paid. We will credit Your Account with the other 50% which you can use to fund future purchases from Perform.
Challenges
The following provisions shall apply in relation to Challenges only.
6.1 CHALLENGE ENTRY
6.1.1 Challenge entry is only on recommendation by us.
6.1.2 Entry is only complete on payment of the Challenge Fee.
6.1.3 We will notify you of the times and locations of Challenges you have entered your child for at least two weeks before the Challenge.
6.1.4 We will endeavour to offer you a time and venue close to the one requested though this may not always be possible.
6.2 MISSED CHALLENGES
6.2.1 If your child misses or is late for the Challenge, we will endeavour to fit your child into another slot. However, this may not always be possible.
6.3 CHANGES & CANCELLATIONS
6.3.1 If you have booked a Challenge and now wish to change the date or time, you may do so without cost subject to availability.
6.3.2 If there is no availability at a convenient alternative venue or time, the cancellation terms in paragraph 6.3.3 below will apply.
6.3.3 If you have booked a Challenge and now wish to cancel, you will forfeit the entire amount paid.
Perform For Schools
The following provisions shall apply in relation to Perform For Schools only.
7.1 PAYMENT
7.1.1 All payments for Perform For Schools workshops must be received by us before the workshop in question.
7.1.2 If the required payments are not received prior to the workshop in question we reserve the right to cancel the booking and pursue any outstanding monies.
7.2 CHANGES AND CANCELLATIONS
7.2.2 There are no credits or refunds for cancellations or changes, except at our discretion.
7.2.3 Should any factors that are outside of our control (eg., school closure, premises unavailable) arise which make the holding of a Perform For Schools workshop impossible, this shall amount to a cancellation of the workshop, and full payment will still be required.
The Perform Shop
The following provisions shall apply in relation to purchases from the Perform Shop only.
8.1 ACCEPTANCE OF YOUR ORDER
8.1.1 Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
8.1.2 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
8.1.2.1 accept the alternatives we offer;
8.1.2.2 cancel all or part of your order.
8.2 PRICE & PAYMENT
8.2.1 The price payable for the Goods that you order is clearly set out on our Website.
8.2.2 If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
8.2.3 The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of our Website before we ask you to pay.
8.3 CANCELLATION & REFUNDS
8.3.1 The following rules apply to cancellation of your order:
8.3.1.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
8.3.1.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
8.3.1.3 We will return your money subject to the following conditions:
8.3.1.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
8.3.1.3.2 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
8.3.1.4 The option to cancel your order is not available:
8.3.1.4.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason.
8.3.1.4.2 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
8.3.1.4.3 if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
8.3.1.5 You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
8.3.1.6 In any of the above scenarios, we will return your money within 14 days.
8.4 Liability for subsequent defects
8.4.1 Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
8.4.2 The procedure to return the faulty Goods is as follows:
8.4.2.1 the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
8.4.2.2 before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly.
8.4.2.3 please follow the returns procedure which we will send to you as soon as you notify us that you wish to return them.
8.4.3 We will return your money subject to the following conditions:
8.4.3.1 we receive the Goods with labels and packaging intact.
8.4.3.2 you comply with our returns procedure. We cannot return your money unless we know who sent them.
8.4.3.3 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
8.4.2 If any defect is found, then we shall:
8.4.2.1 repair or replace the Goods, or
8.4.2.2 refund the full cost you have paid including the cost of returning the Goods.
8.5 Delivery and pick up
8.5.1 Goods are delivered within 30 days from the day you place an order to purchase the Goods.
8.5.2 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
8.5.3 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8.5.4 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8.5.5 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
8.5.6 All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
8.5.7 Signing "Unchecked", "Not Checked" or similar is not acceptable.
8.5.8 Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
8.5.9 If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8.5.10 Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
8.5.11 Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
8.5.12 Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
8.5.13 We are happy for you to pick up Goods from our Office provided you make an appointment in advance and payment has been received into our bank.
8.5.14 If you pick up Goods from our premises then:
8.5.14.1 we will not be able to assist you in loading heavy items;
8.5.14.2 Goods are at your risk from the moment they are picked up by you or your Carrier from our Office;
8.5.14.3 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
Exclusions
9.1 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 Perform 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 Perform activity or part thereof.
9.2 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
10.1. 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.
10.2. 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.
10.1 We will make an administrative charge of £7.50 to cover unpaid cheques, disputed credit card payments or dishonoured Direct Debits.
10.2 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; and
b) we reserve the right to claim the amount of the returned payment plus interest plus the cost of any free promotional items or merchandise issued to your child.
10.3 Refunds are issued in the form in which the original payment was made with the exception of cash which will be refunded in cheque form.
10.4 We will process any refund within 28 days of notifying you that we are issuing you the refund.
10.5 No credits or refunds will be issued retrospectively.
Vouchers
11.1 These are issued to parents who either:
a) recommend a friend, one of whose child subsequently purchases services to the value of £100; or
b) are recommended by an existing parent or carer; or
c) book their child their 40th, 80th, 120th, etc. Session at Perform, in which case the Voucher will be issued 2 weeks after the relevant order is placed.
11.2 In all cases:
11.2.1 Vouchers entitle the owner to a discount off the face value of an order as stated on the voucher.
11.2.2 Vouchers may not be issued where there is an outstanding balance on the putative recipient's account.
11.2.3 Vouchers are not transferable and have no cash value.
11.2.4 Vouchers cannot be used retrospectively.
11.2.5 Vouchers must be used before the expiry date printed on them.
11.2.6 Vouchers can only be applied to one order (i.e. cannot be split between several small orders).
11.2.7 No "change" shall be issued if the order value is smaller than the Voucher value.
11.2.8 Vouchers are issued and accepted at our discretion.
11.3 The Vouchers scheme may be terminated by us at any time.
11.4 Vouchers are only valid for 50% of the value of merchandise or other goods purchased from the Perform Shop .
Liabilities
12.1 GENERAL DISCLAIMER
12.1.1 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.
12.1.2 We make no representation or warranty for:
12.1.2.1 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
12.1.2.2 the adequacy or appropriateness of the Goods for your purpose.
12.1.3 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.
12.1.4 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.
12.1.5 We shall not be liable to you for any loss or expense which is:
12.1.5.1 indirect or consequential loss; or
12.1.5.2 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.
12.1.6 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.
12.1.7 If you become aware of any breach of any term of this agreement by any person, please contact us.
12.2 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 provide you with the Goods.
12.2.2 If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
12.2.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
12.3 CANCELLATIONS & VENUE CHANGES
12.3.1 We reserve the right to cancel any Workshop, Holiday Course, Party, Perform For Schools 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.
12.3.2 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.
12.4 HEALTH & INJURIES
12.4.1 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.
12.4.2 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.
12.4.3 We do not accept liability for death or personal injury to any child attending Perform or any activity related to Perform whether organised by Perform 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.
12.5 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 Perform 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.
12.6 OTHER LOSSES
12.6.1 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.
12.6.2 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.
12.7 LIMITATIONS
12.7.1 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.
12.7.2 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.
12.8 THIRD PARTIES
12.8.1 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
13.1 Perform is registered under the Data Protection Act 1998 to process and store data relating to living individuals.
13.2 We may monitor and record communications with you (including phone conversations and emails) for quality assurance, legal, compliance and training purposes.
13.3 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.
13.4 Full details of our use of your data and our full privacy policy can be found on our Website.
Miscellaneous
14.1 GENERAL
14.1.1 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 superseding any prior agreements between you and us.
14.1.2 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.
14.1.3 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.
14.1.4 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.
14.2 INTERPRETATION
In this agreement unless the context otherwise requires:
14.2.1 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.
14.2.2 these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
14.2.3 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.
14.2.4 except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
14.2.5 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.
14.2.6 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
14.2.7 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
14.2.8 in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
14.2.9 these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to our Website.
14.2.10 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
14.3 CONTACT
14.3.1 You may contact us by calling the relevant telephone number found on our Website, or by writing to us at the address outlined in your acceptance letter or email. We will be deemed to have received any communication from you, in the case of communication by telephone at the time of you speaking to a telephone operator or, in the case of communication by post, a correctly addressed letter sent by pre-paid first class post or recorded delivery post shall be deemed to have been received two working days after the date of posting.
14.3.2 We may contact you by post, telephone, email, text or fax. Notification sent to you by post will be deemed received by you within two working days. Any other notification will be deemed received by you within one working day.
14.3.3 It is your responsibility to ensure that we have current contact details for you and all adults authorised to pick up your child. You must also keep us appraised of any changes in the health or other relevant circumstances of you or your child.
14.3.4 We may accept any instructions which are given to us regarding a child from anyone who is nominated as an authorised adult on the Registration Form for that child.
14.4 LAW & JURISDICTION
14.4.1 Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
14.4.2 If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect.
14.4.3 Our relationship with you is subject to English law and you and we irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.