Terms & Conditions

1. Definitions

In these terms & conditions any reference to:

1.1 “We”, “Us” or “Our” shall mean TOTS Centurion West, our employees and our agents.

1.2 “You” or “Your” shall mean the Dancer’s parents, the person indicated on the enrolment form as being responsible for payment and/or the person who has signed these terms & conditions.

1.3 “Dancer” shall mean the person indicated as the dancer on the Enrolment Form.

1.4 “Consumer Protection Act” shall mean the Consumer Protection Act, 68 of 2008.

2. Duration of contract

2.1 This agreement is valid from date of first class attended until cancellation of classes.

3. Enrolment

3.1 A non-refundable once-off enrolment fee (new students) is payable upon registration (see addendum A).

3.2 A dance kit will be provided upon payment of the once-off enrolment fee. The Dance kits can take up to 3-4 weeks for delivery depending on stock. It is the parent’s responsibility to contact the franchisee should they not receive the kit within one month after payment. Parents must receive a copy of the delivery note in the bag.

3.3 An annual administration fee of is payable for all existing students from the 2nd year of enrolment (see addendum A)

3.4 The enrolment fee (new students) and annual administration fee (existing students) must be paid in full before the Dancer will be allowed to participate in classes.

4. Class Fees

4.1 Fees are compulsory for all classes, whether attended or not.

4.2 Fees are due monthly, on the 1st day of each month (12 payments per year) NO CANCELLATIONS ARE ALLOWED IN DECEMBER

4.3 Fees are payable via EFT only

4.4 Should fees not be paid timeously we WILL NOT allow children to dance until accounts are up to date

4.5 10% Discount will be awarded for annual fee payments, but will only be allowed in January. Should parents wish to settle the annual fee after January, no discount will be awarded

4.6 Should a student enrol during any month of the year, the FULL month will be invoiced for, whether started beginning, middle or end of that month.

4.7 No refunds will be given.

4.8 Banking details : TOTS CENTURION WEST

FNB CHEQUE ACCOUNT

62757476760

4.9 In the event that you fail to make payment on the 1st of each month and we enforce this agreement, you shall be liable for R100.00 administration fee and you will also be charged interest at a rate of 15.5% per year on all fees which are paid late.

4.10 You understand that you are fully responsible for the account payments, not your medical aid.

4.11 Please note that if payment is not made within 5 working days of a month, the account will be handed over to our attorneys for collections and you will be held liable to pay any collection and/or attorney fees on the Attorney Own Client scale.

4.12 TOTS Centurion West reserves the right to increase fees on a yearly basis

4.13 Fees are based on 36 classes per annum (excluding holidays / public holidays)

5. Class Attendance

5.1 Fees shall not be reimbursed or reduced as a result of classes not taking place on public holidays or school holidays.

5.2 Fees shall not be reimbursed should a learner be absent for any reason whatsoever.

5.3 In the event that an instructor is unable to attend a class for any reason whatsoever, prior written notice within a reasonable time will be sent out to reschedule the class for a Saturday morning or any alternative day which is convenient to us.

5.4 If for any reason whatsoever the instructor cannot attend a class, it will be allowed that the instructor can arrange a stand in teacher for that day. Please note all stand in teachers will be Dance Mouse qualified. The school and the parents will be informed if this happens.

5.5 If we cancel a class it is TOTS Centurion West’s responsibility to arrange a “make up” class and inform all the parents as well as the school, PLEASE NOTE: if the school where your child attends cancels the class for whatever reason it is not our responsibility to make up that lesson.

5.6 Full 12 months are payable even though there will be no classes during school holidays (public schools & private schools)

6. Annual Student Assessment

6.1 Assessments shall be carried out once a year and Dancers will receive a report card

6.2 The assessment fee has been worked into the class fees, therefore no additional costs will be charged

6.3 It is compulsory for all children to be assessed.

6.4 Incorrect names on certificates will not be changed after the deadline date.

6.5 An Annual increase is applied to the assessment fee.

INITIAL :

7. Termination & Cancellations

7.1 We shall, for any reason whatsoever, be entitled to terminate this agreement on 7 (seven) days written notice of our intention to terminate the agreement, delivered by email to the email address indicated on the enrolment form or by registered mail to your postal /physical address as indicated on the enrolment form. You will be pro rata reimbursed for the remainder period of the term.

7.2 Should you wish to terminate/cancel this agreement, you shall be required to give at least 1 (one) month’s written (paid) notice to the ADMIN OFFICE only.

8. Injury

8.1 You understand that the Dancer may be required to physically exert himself/herself.

8.2 You understand that due to the nature thereof, injuries may occur and may vary from being minor to being fatal.

8.3 You are aware that the following specific injuries are not uncommon to persons who participate in dancing professionally or recreationally: A stoppage of breathing; spine and neck injuries (either of which could result in paralysis); heart failure; broken bones; heat stroke; heat cramp; heat exhaustion; a stroke; bleeding; convulsion; unconsciousness; abrasions; fainting; sudden illness; cramps.

8.4 You understand that this list of injuries is not comprehensive but you confirm that you now understand the type of injuries that could occur.

8.5 You hereby indemnify and hold us harmless against any claims resulting from death, injury or losses which the Dancer may incur in terms of the services rendered in this agreement, except in the event of gross negligence on our part as in accordance with the Consumer Protection Act.

9. Obligation

9.1 We shall provide the dancer with exposure to the following dance training and dance forms:

Warm-up techniques, Dance basic techniques, Proprioception, strengthening & stretching techniques, music & rhythm, Direction. & dances.

9.2 We shall also introduce the Dancer to the following dance genres:

Fun music, classical music, props & liquids, co-ordination, gross-motor development, confidence building, social skills, mid-line development & balance skills

9.3 We shall teach the Dancer to protect, strengthen and stretch his/her body.

9.4 We shall strive to make the Dancer aware of his/her own body, its limitations and its strengths.

9.5 We shall provide the dancer with a wide platform for expression and development and encourage the Dancer to enjoy dance, and at the same time strengthen his/her body and in doing so prevent injuries.

9.6 We shall provide our instructors with continuous training and development and undertake to upgrade and improve the syllabus every alternate year.

9.7 You will be provided with at least one newsletter per term which will keep you informed about assessments and fun days.

9.8 We will keep you informed about what the teachers are doing in the class with the children and what dances they are learning.

9.9 We will correspond with you via email and in the event that you change your email address or cell phone number, it will be your responsibility to ensure that you provide us with an updated email address and number.

9.10 You will be responsible for using the correct reference number when making EFT payments

10. General

10.1 You consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be brought against us or you; provided that either party shall be entitled to bring any proceedings in the High Court where such proceedings would, but for this consent, fall outside the jurisdiction of the Magistrate’s Court.

10.2 You furthermore agree that the aforementioned physical address shall serve as your domicilium citandi et executandi for the service of correspondence, notices and all legal process.

10.3 This agreement shall be deemed to have been entered into in South Africa and the construction, validity and performance of this agreement shall be governed in all respects by the law of South Africa.

10.4 No modification, alteration or amendment of any provisions (including this clause) contained herein shall be valid or binding unless in writing executed by you and us.

I ___________________________________, the parent of _________________________ have read and accept the above terms & conditions of TOTS Centurion West.

Signed at _________________ on this the ________ day of __________________ 20___.

Signature: _________________________________