Terms and Conditions
1 Introduction
1.1 This section sets out the Terms and Conditions by which The MGA Compnayagrees to provide products and services to you and/or 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. These can be found on our Website and are available in hard copy on request. It is your responsibility to familiarize 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 without notice. The current Terms and Conditions always appear on our Website. On renewal of any MGA product or service, the most recent Terms and Conditions shall apply.
1.4 MGA is based at MGA 11/4 Abbey Street Edinburgh EH7 5XN [UK]
1.5 We can be contacted by post at the above address, by telephone on 0131 466 9392 or by email at info@themgacompany.com
2 Definitions
2.1. GENERAL
2.1.1 MGA referrers all aspects of The MGA Companyunless stated otherwise.
2.1.2 “Class” & “Classes” refer to individual sessions that take place during MGA Stage Academies
2.1.3 “Workshop” and “Workshops” refers to individual, self-contained workshops held by MGA Associates or MGA Stage Academies.
2.1.4 “Renewal Forms” are forms sent to you by us on or around your child’s eighth Class of MGA Stage Academies terms.
2.1.5 “Inform”, “Notify”, “Communicate” and “Contact” are the processes by which we exchange information and enter into contracts regarding our products and services.
2.1.6 “Introductory Pack” is a collection of documents including these Terms and Conditions, a current Venue & Fee Information booklet and other materials designed to inform you about MGA.
2.1.7 “MGA” “we”, “us” or “our” refers to The MGA Company and any of its directors, officers, employees, managers, volunteers, subcontractors, agents, parent, subsidiary and affiliated
companies.
2.1.8 “Registration Form” is the pre-printed or blank form we will give to you to check and complete when you attend your first Class or Workshop or before leaving your child with us.
2.2. MGA PRODUCTS AND SERVICES
2.2.1 “Merchandise” is a physical product related to our activities and sold by us.
2.2.2 “Missed Class” “Missed Workshop” is a booked class or workshop, no part of which has been attended by you and/or your child.
2.2.3 Our “Website” is www.themgacompany.com
2.2.4 “Private Workshop” refers to a drama, dance and singing activities facilitated by us on premises provided by you and for your own students.
2.2.5 “Session” refers to the time of day a specific Stage Academy begins. Usually Morning Sessions start at 10am and Afternoon Sessions begin at 2pm.
2.2.6 “Sibling” is a younger brother, sister, half-brother, half-sister, step-brother or step-sister of a particular child.
2.2.7 “Switching” is the process by which we permanently change any Untaken Classes from one Academy to another or from one Session to another at the same Academy. “Switch” shall be construed accordingly.
2.2.8 “Term-Time” denotes the periods throughout the year during which we run regular weekly classes at our Academies.
2.2.9 “Untaken Classes” is a booked Session which has not yet been attended.
2.2.10 “Waiting List” is a list maintained by us comprising children who wish to attend a particular Session or Workshop which is over-subscribed.
2.2.11 “Workshops” is usually the generic term for the events organized by MGA Associates.
2.2.12 “You” refers to a person or organisation buying products or services from us.
2.2.13 “Your Balance” is a notional account you have with MGA 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 Ballance is in credit, you can use the amount of this credit against any purchases of MGA products and services for you, your child or their Siblings.
2.2.14 “Your child” is any child for whom you usually act as the adult contact in your dealings with us and we therefore deem to be in your care. “Children” shall be construed accordingly.
3 Liabilities
3.1. GENERAL DISCLAIMER
3.1.1 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.
3.2. CANCELLATIONS & VENUE CHANGES
3.2.1 We reserve the right to cancel any Workshop, Session 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 day’s notice and will attempt to offer you a viable
alternative or a refund of any fee paid.
3.2.2 Occasionally it is necessary to temporarily change the venue of our Workshops, Sessions 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, we will credit your Balance with the amount you paid for the Workshop or Session.
3.3. HEALTH & INJURIES
3.3.1 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.
3.4. PERSONAL PROPERTY
3.4.1 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 MGA activity save to the extent that
such loss shall be caused by the negligence or default of any member of our staff or any other default on our part.
3.5. OTHER LOSSES
3.5.1 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.
3.5.2 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.
3.6. THIRD PARTIES
3.6.1 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.
4 Use of personal information
4.1 From time to time, photographs, film, video or audio recordings may be made during MGA 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.
5 Miscellaneous
5.1 These Terms and Conditions and any Registration / Application forms you have signed 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.
5.2 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.
6 Forms
6.1 You must provide us with sufficient contact, identification and health details so that we can assume responsibility for your child during the Session.
6.2 You must check and sign the Registration Form prior to your child’s first Session or their/your Workshop participation ensuring that it is accurately and fully completed.
7 Signing Up
7.1. BOOKED SESSIONS
7.1.1 You must book ten MGA Stage Academy Sessions (1 Term) or more at a time. Sessions will usually run on consecutive weeks during Term-Times detailed in your Introduction Pack and on our Website and may span the school holidays. It is your responsibility to make yourself aware of these term dates.
7.2. PAYMENT
7.2.1 The cost of MGA Stage Academies Terms and upcoming MGA Associates Workshops and valid methods of payment are given in the Information Booklet which is included in our Introductory Pack. This information is also included on our Website.
7.2.2 The full cost of booked Terms minus any agreed discounts must be paid by the end of the first Session.
7.2.3 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.
8 Discounts
8.1 Limited discounts are available in certain circumstances. Only one discount can be used against the cost of booked Sessions or Workshops at any time.
8.2 Sibling discounts only apply to MGA Stage Academies and only apply if siblings are registered with MGA at the same time as one another and reside at the same address.
9 Merchandise
9.1 All Merchandise must be paid for at the time of purchase.
9.2 Refunds will only be offered for merchandise in a re-saleable condition.
9.3 Merchandise proven to be faulty will be replaced if returned within 14 working days of purchase.
9.4 Free sign-up T-Shirts were only issued to students registering in the first 2 years of MGA Stage Academies. This offer no longer applies to new students.
10 Renewal - MGA Stage Academies
10.1 We will send you a Renewal Form before your child’s final Session. It will act as a notice to you to book a further ten consecutive Sessions (1 Term) or more.
10. 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 Academy. Further attendance will require rebooking which is
subject to availability.
11 Switching - MGA Stage Academies
11.1 If you would like your child to Switch to a Session at a different time to their current Session, you must notify us at least 14 working days prior to your child’s intended first Switched Session. Subject
to availability in the requested Session, we will arrange for the remainder of your child’s Untaken Sessions to be taken at the alternative time at no additional cost to you.
12 Transferring - MGA Stage Academies
12.1 At present this option is unavailable.
13 Freezing – MGA Stage Academies
13.1 You may not Freeze your child’s Untaken Sessions for any reason.
14 Missed Sessions or Workshops
14.1 Sessions or Workshops missed for any reason will not be refunded and Stage Academies Sessions may not be added on to the end of the booked Sessions under any circumstances.
15 Content – MGA Stage Academies & MGA Associates Workshops
15.1 We reserve the right to alter, vary, omit or substitute any part or parts of any Session or Workshop provided by us and described in any promotional or other materials published by us or on our behalf.
15.1 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.
16 Changes and Cancellations
16.1 All deposits, however paid, are non-refundable.
16.2 Cancellation of participation in MGA Stage Academies must be received 14 working days prior to the first booked Session. In this case the full fees minus the £60 deposit will be refunded.
16.3 No refunds will be issued on cancellation after 14 days prior to first booked session.
17 Waiting Lists
17.1 If you or your child is on a Waiting List, this does not guarantee a place in a particular Session or Workshop.
17.2 Prospective customers must pay a £25.00 deposit per child to join the MGA Stage Academies waiting list.
17.3 We make no guarantees to the order in which places are offered to students on the waiting list.
17.4 Waiting List deposits are non-refundable but can be deducted from the cost of the session or workshop for which they are deposited should a place become available and be allocated to you or your child.
18 Private Workshops
18.1. ENVIRONMENT
18.1.1 You shall be responsible for booking a suitable venue for the Workshop to take place as well as providing any equipment and materials required for the event, unless otherwise agreed that we will provide the same.
18.1.2 As we have no control over the venue or environment of Private Events, we accept no responsibility for problems relating to:
a) The space for the Event activities not being of a sufficient size;
b) The ratio of children to Event Leaders being too large.
c) Inadequate control of the Event 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 Event venue; or
f) Failure to inform us of any special issues in advance.
18.2. CHANGES AND CANCELLATIONS
18.2.1 If you have booked a Private Event and wish to change the date or time, you may do so without cost providing:
a) We have not booked an Event leader for the Event at the time of notification; and
b) We have other Event leaders available for the new time/date.
18.2.2 If either of the above make changing the time impossible, Cancellation terms will apply as set out in paragraph 5.3.3 below.
18.2.3 If you have booked a Private Event and now wish to cancel and we have already booked a Party Leader, you will forfeit 75%
of the amount paid. We will credit Your Balance with the other 25% which you can use towards the cost of organizing another MGA Private Event.
19 Exclusion of Academy and Workshop participants
19.1 In the event that we consider:
a) you or your child is in breach of any of these Terms and Conditions or any regulations issued from time to time by us;
b) the behaviour of you or your child is disruptive or likely to put other children or MGA team members in danger;
c) your child’s or your behaviour towards us, other customers, children in their care or our suppliers, agents, managers, volunteers, 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 you or your child from any MGA activity or part thereof.
19.2 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.
19.2 We refuse to enter into any dispute or appeal regarding any expulsion from MGA events. Our decision is final. We will however always issue a statement explaining our decision.
20 Returned payments and refunds
20.1 We will make an administrative charge of £10.00 to cover Cheques returned unpaid or unreasonably disputed credit card payments.
20.2 In circumstances where a payment is returned:
a) we reserve the right to exclude your child without refund until the amount of the returned payment is repaid in full;
b) we reserve the right to claim the amount of the returned payment plus the cost of any free promotional items or merchandise issued to your child.
20.3 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.
20.4 We will process any refund within 28 days of notifying you that we are issuing you the refund.
- No credits or refunds will be issued retrospectively.
- All deposits are non-refundable and all cancellations made without the required 14 days notice before the start date of the session or workshop will be made without any refund of any fees whatsoever.
21 Contact
21.1 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.
21.2 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 or you of your child.
22 Law & Jurisdiction
22.1 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.
22.2 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.
22.3 Training in the performing arts is a strenuous activity, both mentally and physically. While all reasonable care will be taken, MGA cannot be held responsible for any accident or injury sustained by participants or for loss of or damage to monies, clothing or personal effects brought onto the premises during our activities save to the extent that such injury or damage shall be caused by the negligence or default of any member of our team. Participants should in good health and have no reason why they should not undertake the activities timetabled during our activities.
23 MGA Associates Workshops - Specific Terms and Conditions
23.1 The Full cost of booked Workshops minus any agreed discounts must be paid at least 14 working days before the Workshop commences.
23.2 Cancellation Policy: Though Numbers for MGA workshops are limited; it is also necessary for a certain level of attendance to be achieved to make MGA workshops possible. If for any reason this level of attendance is not achieved MGA reserve the right to cancel workshops. Participants enrolled will have their fees fully refunded.
23.3 Cancellation by Participants: Cancellation of participation by workshop participants will incur a £25 cancellation fee. Refunds are not available after the application closing date for MGA workshops.
23.4 Change of Tutors/Facilitators: MGA reserve the right to change workshop tutors and facilitators without notice.
23.5 Transferring Bookings: Participants places on workshops are non transferable on the day of the workshop. Prior notice of change of name on bookings must be given and a £10 administration fee will be charged.
23.6 Training in the performing arts is a strenuous activity, both mentally and physically. While all reasonable care will be taken, MGA and their Workshop Tutors cannot be held responsible for any accident or injury sustained by workshop participants or for loss of or damage to monies, clothing or personal effects brought onto the premises during the workshop save to the extent that such injury or damage shall be caused by the negligence or default of any member of our team. Workshop participants should in good health and have no reason why they should not undertake the activities timetabled during the workshop.
Last Updated: February 2008