Terms and Conditions | for the Love of Art

Terms and Conditions for children’s classes, adult classes, arty parties and workshops

2023

These are the terms and conditions on which we, For The LOVE Of ART, supply our children’s art courses (‘Sessions’) or (‘Courses’).

1. Booking Our Sessions

1.1 Health issues. It is essential to notify us when you request a booking whether any child has any health, allergy or learning issues. We do not offer or provide any medical supervision and our Sessions may not be suitable for all children.

1.2 Warranty. By requesting a booking with us, you warrant that you are the parent or guardian of any relevant child and that you have the legal right to make such a booking and to comply with these terms.

2. Providing the Sessions

2.1 Courses. If you have booked a course (5 or 6 individual classes on a weekly basis alongside a school half term), we shall supply our Sessions to you until the end of the relevant course.

2.2 We are not responsible for delays outside our control. If our supply of any Session is prevented because of an event outside our control, then we will contact you as soon as possible to let you know via email.

2.3 If we cannot provide a Session due to your child’s absence, we will try to offer you an alternative Session to make up for the missing Session, up to a maximum of 1 alternative session per term. However, if your child cannot attend an alternative Session or if all other sessions are already at maximum capacity, you will have to pay for the Session your child did not attend. Therefore, the payment for a course is non-refundable once the course has started and individual lessons missed due to your child’s absence will not be reimbursed.

2.4 If we cannot supply a Session ourselves, (excluding COVID-19 related matters or other governmental restrictions) we will offer you an alternative Session to make up for the missing Session, or if this is not possible, we will issue a full refund for the individual missing session. In this case, if you cannot attend any reasonable alternative, then you may contact us for a refund on a pro-rata basis for any Sessions paid for but not carried out.

2.5 If we cannot supply Sessions due to the COVID-19 Pandemic or any other governmental restrictions, we will endeavour to provide alternative sessions, but cannot guarantee that this will be possible. You will be entitled to a pro-rata refund for any missed sessions that we cannot supply ourselves.

3. Your rights to end the contract

3.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For The LOVE Of ART classes count as ‘leisure activities for specific dates’ and as such, the 14 day cooling off period does not apply for online ‘bookings at a distance’ or booking in person at the studio premises. You do not have a legal right to change your mind and receive a refund under the 14 day cooling off period.

3.2 Ending the contract where we are not at fault and there is no right to change your mind. If we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed (that is, where we have provided all the Sessions you have paid for), but we may (at our discretion) charge you a cancellation fee equivalent to the full cost of the Sessions you signed up for, unless we can replace your child with another fee paying child for the same Sessions.

4. How to end the contract with us (including if you have changed your mind)

4.1 Contacting us. If you wish to end the contract with us, you will need to contact us in writing, preferably via email.

4.2 Deductions from refunds if you are exercising your right to change your mind. As stated in 3.1, you cannot exercise your right to change your mind.

4.3 How and when your refund will be made. We will make any refunds due to you as soon as possible, using the same method you used for payment.

5. Our rights to end the contract

5.1 We may end the contract if you breach it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; or

(b) your child acts in a disruptive manner, which we believe affects the running of a Session or prejudices the safety of the other participants. This is outlined in For The LOVE Of ART’s Behaviour Policy.

5.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 5.1 you will remain liable to pay our charges for the remainder of the Term and we will not refund you for the for any remaining sessions for the Term if we are unable to fill the vacancy.

5.3 We may permanently stop the Sessions. We may write to you to let you know that we are going to stop providing the Sessions. We will let you know at least one month in advance of our stopping the supply of the Sessions and will refund any sums you have paid in advance for Sessions which will not be provided.

6. If there is a problem

6.1 Summary of your key legal rights. We are under a legal duty to supply services that conform with this contract. Nothing in these terms will affect your legal rights. For detailed information about your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. For services, the Consumer Rights Act 2015 says:

(a) you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

(b) if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

7. Price and payment

7.1 When you must pay and how you must pay. We accept payment by bank transfer or online booking through the website only to such bank account as we nominate. Payments for all Sessions must be made in advance. If you think an invoice is wrong, please contact us promptly to let us know.

8. Our responsibility for loss or damage suffered by you

8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage suffered that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen; for example, if you discussed it with us during the booking process.

8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to our services.

8.3 Please note that we hold public liability insurance for £5,000,000.

9. How we may use your personal information

9.1 How we will use personal information. We will use the personal information you provide to us only to provide the Sessions and to process payment for the Sessions. We will not pass your personal information to third parties unless you have consented to it or if required by law.

10. Other important terms

10.1 Transferring this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

10.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

10.3 Separate paragraphs. Each of the paragraphs of these terms operates separately. If any of them are found to be unlawful, the remaining paragraphs will remain in full force and effect.

10.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching this contract, it will not prevent us taking steps against you at a later date.

10.5 Which laws apply to this contract. These terms are governed by English law and the jurisdiction of the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

These are the terms and conditions on which we, For The LOVE Of ART, supply our adult art classes (‘Classes’).

1. Booking Our Classes

1.1 Health issues. Please notify us when you request a booking whether you have any health, allergy or learning issues. We do not offer or provide any medical supervision and our Classes may not be suitable for all adults.

1.2 Warranty. By requesting a booking with us, you warrant that you have the legal right to make such a booking for Classes and to comply with these terms.

2. Providing the Classes

2.1 Classes. If you have booked classes, we shall supply our classes to you until the end of your class bookings.

2.3 Weekly Classes (blocks of 3 or 6): if we cannot provide a Class due to your absence, with more than 48 hours notice we will offer you an alternative Session to make up for the missing Session, subject to availability and up to a maximum of 1 alternative session per block booking of either 3 or 6 classes. However, if you cannot attend an alternative Session we offer or we do not have availability in an alternative Session to offer you, you will have to pay for the Session you did not attend.

2.4 If we cannot supply a Class ourselves, we will offer you an alternative Class to make up for the missing one. In this case, if you cannot attend any reasonable alternative, then you may contact us for a refund on a pro-rata basis for any Clases paid for but not carried out, and if the delay is greater than two classes, you may contact us to end the contract plus receive a refund (also on a pro-rata basis for any Classes paid for but not carried out).

2.5 If we cannot supply Classes due to the COVID-19 Pandemic or other governmental restrictions, we will endeavour to provide alternative sessions, but cannot guarantee that this will be possible. You will be entitled to a pro-rata refund for any missed sessions that we cannot supply ourselves.

3. Your rights to end the contract

3.2 Ending the contract where we are not at fault and there is no right to change your mind. If we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed (that is, where we have provided all the Classes you have paid for), but we may (at our discretion) charge you a cancellation fee equivalent to the full cost of the Classes you signed up for, unless we can replace you with another fee paying adult for the same Class.

4. How to end the contract with us (including if you have changed your mind)

4.1 Contacting us. If you wish to end the contract with us, you will need to contact us in writing, preferably via email.

4.2 Deductions from refunds if you are exercising your right to change your mind. As stated in 3.1, you cannot exercise your right to change your mind.

4.3 How and when your refund will be made. We will make any refunds due to you as soon as possible, using the same method you used for payment.

5. Our rights to end the contract

5.1 We may end the contract if you breach it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or

(b) you act in a disruptive manner, which we believe affects the running of a Class or prejudices the safety of the other participants.

5.3 We may permanently stop the Classes. We may write to you to let you know that we are going to stop providing the Classes. We will let you know at least one month in advance of our stopping the supply of the Classes and will refund any sums you have paid in advance for Classes which will not be provided.

6. If there is a problem

(a) you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

(b) if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

7. Price and payment

7.1 When you must pay and how you must pay. We accept payment online only through cards or (where advertised) bank transfer. Payments for all Classes must be made in advance. If you think an invoice is wrong, please contact us promptly to let us know.

8. Our responsibility for loss or damage suffered by you

8.3 Please note that we hold public liability insurance for £5,000,000.

9. How we may use your personal information

9.1 How we will use personal information. We will use the personal information you provide to us only to provide the Sessions and to process payment for the Sessions or to advertise For The LOVE Of ART services only. We will not pass your personal information to third parties unless you have consented to it or if required by law.

10. Other important terms

10.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

10.3 Separate paragraphs. Each of the paragraphs of these terms operates separately. If any of them are found to be unlawful, the remaining paragraphs will remain in full force and effect.

These are the terms and conditions on which we, For The LOVE Of ART, supply our children’s arty parties and workshops (‘Sessions’).

1. Booking Our Sessions

1.2 Warranty. By requesting a booking with us, you warrant that you are the parent or guardian of any relevant child and that you have the legal right to make such a booking for Sessions and to comply with these terms.

2. Providing the Sessions

2.1 Sessions. If you have booked a party or workshop we shall supply the Session to you.

2.3 If we cannot provide a Session due to your child’s absence, we will try to offer you an alternative Session to make up for the missing Session. However, if your child cannot attend an alternative Session or if all other Sessions are already at maximum capacity, or if there are no further Sessions you will have to pay for the Session your child did not attend. Therefore, the payment for a Session is non-refundable once the session has started or with less than 1 weeks' notice before the start of the Session and individual Sessions missed due to your child’s absence will not be reimbursed.

2.5 If we cannot supply Sessions due to the COVID-19 Pandemic or other governmental restrictions, we will endeavour to provide alternative sessions, but cannot guarantee that this will be possible. You will be entitled to a pro-rata refund for any missed sessions that we cannot supply ourselves.

3. Your rights to end the contract

3.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For The LOVE Of ART sessions count as ‘leisure activities for specific dates’ and as such, the 14 day cooling off period does not apply for online ‘bookings at a distance’ or booking in person at the studio premises. You do not have a legal right to change your mind and receive a refund under the 14 day cooling off period.

4. How to end the contract with us (including if you have changed your mind)

4.1 Contacting us. If you wish to end the contract with us, you will need to contact us in writing, preferably via email.

4.2 Deductions from refunds if you are exercising your right to change your mind. As stated in 3.1, you cannot exercise your right to change your mind.

4.3 How and when your refund will be made. We will make any refunds due to you as soon as possible, using the same method you used for payment.

5. Our rights to end the contract

5.1 We may end the contract if you breach it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; or

6. If there is a problem

(a) you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

(b) if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

7. Price and payment

8. Our responsibility for loss or damage suffered by you

8.3 Please note that we hold public liability insurance for £5,000,000.

9. How we may use your personal information

10. Other important terms

10.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

10.3 Separate paragraphs. Each of the paragraphs of these terms operates separately. If any of them are found to be unlawful, the remaining paragraphs will remain in full force and effect.