THEATREBUGS STANDARD TERMS AND CONDITIONS

1. Definitions

  1. 1.1  “Booking Form” means the form relating to the booking of the Class(es).

  2. 1.2  “Children” means the children at the Nursery who attend the Class(es).

  3. 1.3  “Class(es)” means a children’s drama, music and dance class or a series of children’s drama, music and dance classes taught

    by TB (or by such person as TB may direct) at the Premises in such format as TB shall from time to time determine.

  4. 1.4  “Contract” means any contract between the Nursery and TB in respect of the provision of the Class(es), incorporating these

    Terms.

  5. 1.5  “Fee” means the amount payable for the Class(es) as detailed in the Booking Form and specified on the Invoice.

  6. 1.6  “Invoice” means the invoice issued by TB to the Nursery.

  7. 1.7  “TB” means the partnership of Theatrebugs as named on the Booking Form

  8. 1.8  “Nursery” means the nursery which contracts with TB to provide the Class(es) at the Premises.

  9. 1.9  “Premises” means the Nursery’s premises at which TB provides the Class(es).

  10. 1.10  “Terms” means these terms and conditions and any special terms and conditions agreed in writing by TB and the Nursery.

2. Acceptance of Terms and Conditions

  1. 2.1  These Terms are the terms and conditions upon which a booking for the Class(es) is accepted by TB and shall apply to the

    provision of all Class(es) by TB to the Nursery to the exclusion of all other terms and conditions. The Terms may be amended or updated by TB from time to time and such amendments shall be advised to the Nursery in writing. All references to the Terms shall mean the Terms as amended or substituted from time to time.

  2. 2.2  No variations or addition to the Terms shall be binding unless agreed in writing by TB.

  3. 2.3  All bookings for the Class(es) shall be deemed to be an offer by the Nursery to purchase the Class(es) pursuant to these Terms

    which TB is free to accept or decline in its absolute discretion.

  4. 2.4  The Terms shall be deemed to have been accepted and agreed to by the Nursery upon signature of the Booking Form and

    shall be binding on TB and a Contract formed upon confirmation of the Booking Form or commencement of the first Class whichever is the earlier.

3. Fee and Payment

  1. 3.1  Payment of the Fee shall be due by the Nursery to TB immediately on the date of the Invoice and must be received within 30

    days after that date. After this 30 day period TB may charge daily interest on outstanding amounts until payment in full is received at a rate equal to 2 percent per annum above the Bank of England’s base lending rate whether before or after judgement accruing daily and compounded quarterly. TB reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. Time for payment shall be of the essence unless TB agrees otherwise in writing.

  2. 3.2  VAT, if applicable, shall be added to the Fee at the current rate from time to time in force which the Nursery shall pay.

  3. 3.3  Subject to clauses 4.4, 4.5 and 6.2, the Fee is non-refundable except with the prior written agreement of TB.

  4. 3.4  The Nursery agrees that in the event that the Nursery makes a charge to the parents or guardians of the Children in respect of

    the Class(es), such charge shall not exceed the price currently charged by TB for similar classes in the relevant Theatrebugs

    franchise area as notified by TB.

  5. 3.5  TB may suspend the provision of the classes without liability where the Nursery has failed to pay any sum due to TB after 90

    days of that sum being due. The provision of the Classes shall resume once TB has received, in cleared funds, all sums due including any accrued interest. This right of suspension is without prejudice to TB’s right to terminate in accordance with these Terms. During the period of suspension, the Nursery shall remain liable for any Fees incurred or any costs or losses sustained by TB from any breach of the Terms.

4. Cancellation Policy and Terms
4.1 The Contract will continue for the period as set out in the Booking Form during which time TB will provide the Class(es) as

set out therein.

  1. 4.2  TB reserves the right to replace any teacher of a Class without notice to the Nursery at any time prior to that Class without

    any liability arising from such a change except in accordance with these Terms.

  2. 4.3  TB may cancel the Contract in its absolute discretion, at any time before the Class(es) take place for any reason whatsoever. TB shall not be liable for any loss, damage or expenses whatsoever arising from such cancellation.

  3. 4.4  The Nursery may only cancel a Class by providing at least 10 weeks written notice to TB prior to the date of the Class being cancelled. Any attempt by the Nursery to cancel other than in accordance with this clause 4.4 shall be entirely in TB’s discretion and subject to clause 4.6. Should the nursery require to reduce the length of booking TB require at least 6 weeks written notice.

  4. 4.5  The Nursery may cancel the Contract subject to the consent of TB by providing at least 6 weeks written notice to TB before the date of the first Class as set out in the Booking Form. Any attempt by the Nursery to cancel other than in accordance with this clause 4.5 shall be entirely in TB’s discretion and subject to clause 4.6.

  5. 4.6  If the Nursery cancels a Class or the Contract otherwise than in accordance with clauses 4.4 or 4.5 the full cost of the Class or the Contract will be invoiced by TB and become immediately due in accordance with these Terms.

5. Nursery’s Responsibility
5.1 The Nursery warrants and represents that:

  1. 5.1.1  the information set out on the Booking Form is accurate in all respects and that the Nursery will notify TB of any change in

    such information immediately;

  2. 5.1.2  for the duration of each Class, Children up to the age of 2 years will be accompanied on a ratio of at least one adult for every

    three Children, Children aged 2-3 years will be accompanied on a ratio of at least one adult for every four Children and

    Children aged 4-5 years will be accompanied on a ratio of at least one adult to every eight Children;

  3. 5.1.3  at all times during the Contract the Nursery shall maintain with a reputable insurance company such insurance as would be reasonable for a prudent nursery caring for young children including public liability insurance and shall provide a copy of

    such insurance policy to TB on request.

5.2 The Nursery acknowledges and agrees that the Children shall be deemed to be under its direction, care and control throughout

the Class(es) and the Nursery shall be responsible for the welfare and conduct of the Children throughout the Class(es).

5.3 The Nursery shall indemnify and keep indemnified TB against all loss (including loss of profit), claims, liability, costs and expenses which TB shall incur directly or indirectly as a consequence of any negligence, breach of contract or any other wrongful act or omission by the Nursery, its employees, agents, representatives or contractors.

6. Exclusions of Liability – The Nursery’s attention is particularly drawn to this clause

  1. 6.1  TB warrants that the Class(es) will be performed by TB using reasonable skill and care.

  2. 6.2  If TB is in breach of the warranty in clause 6.1, TB shall refund the Fee or such part of the Fee as TB considers reasonable in

    its sole and absolute discretion upon which it shall have no further liability in this regard.

  3. 6.3  All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law,

    excluded from the Contract.

  4. 6.4  Nothing in these Terms excludes or limits the liability of TB:

  1. 6.4.1  for death or personal injury caused by the negligence of TB, its teachers, employees or agents;

  2. 6.4.2  for fraud or fraudulent misrepresentation; or

  3. 6.4.3  for any matter which it would be illegal for TB to exclude or attempt to exclude its liability.

  1. 6.5  Subject to the provisions contained in this clause 6, TB, its teachers, employees or agents shall not be liable for any loss

    (consequential, indirect or otherwise), damage, loss of profits, expense or delay suffered or incurred by the Nursery, the Children or any other party arising directly or indirectly or in any way connected with the Contract including but not limited to, TB’s deliberate personal repudiatory breach of the Terms, the unavailability of a teacher, the postponement or cancellation of the Class(es) (or any part of it or them) or any other act or omission on the part of TB or any of its teachers, employees or agents even if such act or omission is negligent.

  2. 6.6  Subject to clause 6.5, the Nursery acknowledges that the maximum aggregate liability of TB to the Nursery under these Terms shall not exceed the Fee.

7. General

  1. 7.1  Any notices to be sent by either party to the other shall be sent by pre-paid first class post or hand delivered to the registered

    address of the relevant party or any address provided on the Booking Form and shall be deemed to have been received by the addressee within 48 hours of posting if sent by post, and immediately if personally delivered so long as such personal delivery occurs during normal business hours on a normal business day.

  2. 7.2  If any court, or competent authority decides that any of the provisions of the Contract is invalid, unlawful or unenforceable to any extent, the provision will to that extent only be severed from the Contract and the remaining provisions of the Contract shall continue in full force and effect.

  3. 7.3  These Terms constitute the entire agreement between the Nursery and TB hereto and supersede all prior agreements and understandings between them. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is not contained herein shall be binding or form part of the Contract.

  4. 7.4  No term of the Contract will be enforceable under the Contracts (Rights of Third parties) Act 1999 by any person who is not a party to it.

  5. 7.5  The failure of TB to exercise or enforce any right under the Contract shall not be deemed to be a waiver of that right nor operate to bar the exercise of enforcement of it at any time or times thereafter.

  6. 7.6  The Contract shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English courts.