1. (Definitions) The definitions are set out in the "Explanation of Terms" attached.
2. (Course Fee) You will pay the Fees on or before the date(s) set out for payment. Payments should be made by direct transfer to NKBS's bank account as follows:
Account number: 43902382
Sort code: 20-47-39
The Student's name must be included as a payment reference. You will receive your invoice 10 working days before the end of term, which must be paid no later than the last day of term.
3. (Additional Fees) any additional fees, including a £25 late payment charge, will be payable immediately on receipt by you of any invoice for such amounts from NKBS.
4. (Discounts) Any discounts granted rely upon you paying any sums due on time. If any payments are made after the date any payment is due, we will require you to pay the full amount that would have been payable prior to the discount.
5. (Participation) You agree to participate in the Course and agree to be bound by these terms and
conditions and the NKBS Code of Conduct. You will comply with any Venue specific rules and regulations (of which NKBS make you aware) and with all instructions (including in relation to safety) in relation to the Course and your participation in the Course given to you by of or on behalf of the NKBS.
6. (Attendance commitment) You shall, as a minimum, attend the minimum number of classes or
other commitments set out in the Minimum Required Participation section of the Course Outline.
6.1. if you miss a class for any reason please note NKBS do not offer replacement or substitute
classes. No fees are refundable in respect of any classes missed.
6.2. where NKBS arrange for you to attend additional (private or group) classes such classes shall, unless otherwise agreed in writing, be charged as additional fees. Those additional fees are not
refundable if you miss those additional classes.
6.3. if you do not meet the minimum attendance requirement you may not (at NKBS' discretion) be
allowed to take an exam and may be withdrawn from any NKBS concerts or shows (including but
not limited to the NKBS Summer Show). No exam fee and/or no costs which you may have incurred
in preparation for the exam, NKBS concerts and/or the NKBS Summer show (including any individual tuition fees) and costume fees shall be refunded.
6.4. if you are unable to take part in any NKBS shows, including the NKBS Summer Show, or attend the exam you must notify NKBS in writing no later than 60 days before the date of show or the exam.
7. (Syllabus & Method) The course is intended to be taught by NKBS trained teachers in accordance with the NKBS designed syllabus; for vocational students over 9 years of age Vaganova syllabus is taught. NKBS reserves the right to make substitutions and/or change the teachers where it considers necessary or appropriate to do so (at its discretion) but will ensure that any replacement teacher will have a similar level of experience and skill as the individual replaced.
8. (Other ballet schools) Training at a different ballet school may create confusion in the way you are taught to use ballet techniques. You must notify NKBS before the start of the Course if you train at any other ballet school or take any other ballet class during the period of the Course. All vocational students should seek permission in writing to attend any dance related events, courses , workshops or performances.
9. (Physical Contact) It is essential in teaching ballet for physical contact between teachers and students to take place in class, e.g. in order to correct the student's position, illustrate a dancing concept or perform an element of choreography. NKBS has adopted a policy to ensure that any such physical contact is appropriate and this is set out in the NKBS Code of Conduct. By
enrolling in the Course you agree that such contact is acceptable.
10. (Fitness) You warrant and declare that you know of no reason (including but not limited to illness, injury or contractual commitment) that will prevent you from taking part in the Course or completing the Minimum Required Participation. You must immediately notify NKBS in writing of any change to your medical condition, fitness, or ability to participate. You understand and accept that NKBS (and any third party authorised by NKBS to run the Course) will continue to rely upon this declaration as evidence of your ability to participate.
11. (Risks) You acknowledge and fully understand that ballet is an activity that can involve certain risk and injuries. You declare you voluntarily assume the risk resulting from taking part in the Course and your own preparation for it.
12. (Medical information) It is your responsibility to disclose any prior or existing medical condition when you sign this Agreement and to keep NKBS updated on any change in your medical condition until the end of the Course. Any medical information provided by you or which otherwise may become known to NKBS may be used to treat or assist you as a result of illness or injury sustained during your participation in the Course.
13. (Medical Assistance) You authorise and permit NKBS and any third parties connected with the Course to administer first aid to you and to authorise such other medical treatment and transportation as may be recommended by physicians, paramedics and other medical personnel in the event of any illness, accident or injury you suffer during the Course. In order to take part in the Course you must sign the separate Medical Waiver Form annexed to this Agreement to confirm your consent. A photocopy of your authorisation shall be considered effective and valid.
14. (Medical Expenses) NKBS shall not be liable for your medical treatment or transportation. You will be responsible for any medical or transport expenses specifically incurred in connection with any illness, accident or injury sustained or occurring in connection with your participation in and/or attendance at the Course.
15. (Insurance) NKBS does not provide any insurance for any illness, accident, injury, loss or damage that may arise in connection with your participation in the Course. You confirm that you are eligible for free treatment under the UK National Health Service (NHS) or have made arrangements for your own medical insurance sufficient to cover full costs of medical treatment of any accidents during the full length of the Course.
16. (Conduct) You agree that you shall at all times for the full duration of the Course comply with this Agreement and the NKBS Code of Conduct and in particular:
16.1. you shall conduct yourself at all times during the Course, including inside and outside of the Venue, in a manner that shows due regard for your own safety and dignity and that of your fellow dancers, teachers and others present around you;
16.2. you shall not do or say anything that may: be obscene, immoral, harmful or offensive; offend against normal standards of decency; encourage or incite the commission of crime or public disorder; endanger public safety; or encourage, in whatever manner, behaviour which promotes disparaging views or behaviour relating to an individual or group's colour, race, nationality, ethnic or national origins, disability, sex, sexual orientation, marital status, religion or age; or that may injure the reputation of the NKBS;
16.3. you shall not cause damage to the Venue or any other site you will visit as part of the Course and that if you do cause such damage you will be responsible for the costs of repair of such damage;
16.4. no drugs, illegal substances, performance enhancing substances or intoxicants are permitted to be brought, handled or consumed by you at any time during the Course. NKBS reserves the right to refuse participation in the Course and to disqualify any persons found to have consumed or to have in their possession any drugs, illegal substances, performance enhancing substances or intoxicants
17. (Data Protection) You consent to NKBS holding and processing data relating to you and in particular any "sensitive personal data" (as defined in the Data Protection Act 1998) including the medical information for the purposes of organising and conducting the Course, providing ancillary services to you and providing medical assistance to you in the event of your illness or injury. You consent that NKBS may transfer your personal data or share it with the persons engaged by NKBS in organising and conducting the Course. Your data will be used solely in accordance with current
data protection legislation.
18. (Personal Photography) Unless agreed by NKBS, you shall not take photographs, film or otherwise record any classes, including any warm-ups or preparatory activities. If you breach this Clause, you hereby assign with full title guarantee all Intellectual Property Rights in such photographs, film or other recordings taken by you to NKBS (including by way of present assignment of future copyright) and you agree to deliver these up to NKBS on demand. You shall not while taking part in the Course take any pictures or video (including any "selfies") in the dressing rooms and/or which show incomplete costumes and/or full or partial nudity.
19. (Security) You agree to comply with all security provisions, and other directions or requirements notified to you in connection with your participation in the Course. In particular, you agree that NKBS and/or the personnel connected with any Venue or location you visit as part of the Course, may inspect your personal property if it is considered necessary for security.
20. (Performance) NKBS (or any party approved by NKBS) may at its option film, photograph or
otherwise record you or your Performance during the Course and you agree that you may be filmed, photographed and otherwise recorded. If you disagree with the recordings being made, you must inform NKBS in writing before the start of the Course.
21. (Use of Recordings) NKBS may use (and license others to use) the Recordings or any part of them in any media and in any part of the world for the promotion of NKBS and its business and for the Purpose. If NKBS wishes to use the whole or any part of your Performance or the Recordings for any other purpose, it will obtain your prior written agreement (such agreement not to be unreasonably withheld, delayed or conditioned). You agree that NKBS may edit, adapt, alter, modify, translate and transcribe the Recordings or Performance and exploit such edited Recording for the Purpose. NKBS is not obliged to make or use any Recordings.
22. (Rights) You hereby assign (with full title guarantee) all Intellectual Property Rights you have in
your Performance and the Recordings to NKBS (including by way of present assignment of future
copyright) for the full duration of such rights.
23. (Likeness) You consent to NKBS using your name, likeness and photograph in connection with the exploitation of the Recordings and/or the promotion of NKBS, its business or any course.
24. (Moral Rights) You waive all Moral Rights in your Performance and the Recordings. You hereby transfer and assign to NKBS the making available right.
25. (No payments to you from NKBS) You agree that neither NKBS, nor any third party, shall be required to make any payments to you in relation to the use of your Performance and the exploitation of your Performance and the Recordings as permitted under this Agreement.
26. (Further Assurance) If NKBS needs anything further to be done (including but not limited to having documents signed) so that it can use your Performance or Recordings as set out in this Agreement, you will promptly ensure that this is done.
27. (Warranties) You warrant and undertake that you are entitled to enter into this Agreement and to participate in the Course and to grant and assign to NKBS all the rights granted and assigned in this Agreement;
28. (Indemnity) You hereby indemnify NKBS and will at all times keep NKBS fully and effectively indemnified from and against all claims, liabilities, damages, costs and losses whatsoever incurred by NKBS as a consequence of: any breach or non-performance by you of any of the representations, warranties, obligations or covenants contained in this Agreement; your acts or
omissions; or a breach by you of this Agreement.
29. (Cancellation by You) You acknowledge that places on the Course are limited and that by signing the Agreement you commit to attend the Course for its full duration. However, you may give NKBS a 45 days written notice to terminate this Agreement. For termination notices given in respect of the following term which are received by NKBS later than 45 days before the next term's Fee becomes payable, NKBS reserves the right to charge a fee of £150 in lieu of notice.
30. (Cancellation by NKBS) In the unlikely event that NKBS is unable to run the Course for whatever reason or if NKBS does not have the minimum number of students required for any Course, NKBS may offer you a suitable replacement course or terminate this Agreement upon a notice in writing to you. Where no suitable replacement course can be offered, or you do not accept a replacement course, or NKBS terminates a Course, it will repay to you any sums you have paid for any classes or other events which have not been made available to you. NKBS will have no other liability to you in relation to such cancellation.
31. (Termination) NKBS may terminate this Agreement with immediate effect if you are in breach of the NKBS Code of Conduct or these terms and conditions. Where NKBS terminates the Agreement in accordance with this Clause:
31.1. you will not be entitled to any refund in the Fees paid and any Fees not paid at the date of such termination for the remainder of the Course will become immediately due and payable; and
31.2. you will not take any further part in the Course.
32. (Limitation) Of course, NKBS's does not seek to limit its liability to you for death or personal injury when caused by NKBS' negligence; by a deliberate act or omission, of it or its employees, agents or authorised representatives; or as a result of a deliberate repudiatory breach of by it of this Agreement. However, in all other circumstances (and to the extent permitted by law):
32.1. NKBS shall not in any event be liable to pay compensation or damages to you (for whatever reason such compensation or damages may be due in contract, tort (including negligence) breach
of statutory duty or otherwise) greater than the amount of Fees paid by you; and
32.2. NKBS will not otherwise be liable for any loss
damage or injury to you or your property whilst
you are taking part in the Course; and
32.3. NKBS shall have no liability whatsoever for any: Indirect; economic; or consequential loss (and for these purposes consequential loss shall include without limitation all loss of profit and/or
opportunity) suffered by you under this Agreement even if NKBS was aware of the possibility of such damages or losses arising.