1. Definitions

1.1 Agreement means the agreement between the Student and Persona Acting TM (hereinafter referred to as "PA"), incorporating these terms.

1.2 Course means a series of acting classes taught by PA (or by such person as PA may direct) in such format as PA shall from time to time determine.

1.3 Application Form means the form relating to the enrolment of the Student on the course.

1.4 Fee means the amount payable for the Course as specified in the instructions for payment sent to the student.

1.5 Premises means any building from which PA operates the Course.

1.6 Teaching Term means a period of up to ten teaching weeks commencing and ending on the dates specified by PA from time to time or such other period as PA may, at its entire discretion, specify from time to time.

1.7 Terms means these terms and conditions and any special terms and conditions agreed in writing by PA and the Student.

2. Acceptance of Terms and Conditions

2.1 These Terms are the terms and conditions upon which the Student is accepted on a Course by PA. The Terms may be amended or updated by PA from time to time and such amendments shall be advised to the Student in writing. All references to the Terms shall mean the Terms as amended or substituted from time to time.

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

2.3 The Terms shall be deemed to have been accepted and agreed to by the Student upon payment of the Fee or upon the Student attending a Course whichever is the earlier.

3. Fee and Payment

3.1 Payment of the Fee shall be due by the Student to PA prior to the Student commencing the Course. The fee shall become payable upon demand and PA cannot guarantee a student's place on the selected course until such time as payment has been received. by PA

3.2 Our fees include VAT

3.3 Subject to clauses 4 and 7.2, the Fee is non-refundable (except with the prior written agreement of PA.)

4. Cancellation, refunds and postponements

4.1 PA may cancel the Contract in its absolute discretion, at any time before the Student commences the Course for any reason whatsoever. PA shall not be liable for any loss, damage or expenses whatsoever arising from such cancellation.

4.2 In the event of cancellation by PA prior to the commencement of the Course by the Student, PA will refund any Fee paid.

4.3 In the event that the student notifies PA that they are unable to attend the course prior to commencement of the Teaching Term PA will endeavour to offer a place on the next available Teaching Term. A refund will only be offered following notification if;

• i. The Student notifies PA of their inability to attend the course not later than 8 weeks before commencement of the Teaching Term; and

• ii. a substitute student is able to take up the vacated place on the course prior to commencement of the Teaching Term.

4.4 Refunds will not be given after commencement of the chosen Teaching Term.

4.5 In the event that any part of the course is postponed by PA an alternative date for completion of the postponed part will be offered to the student. PA will use all reasonable endeavours to notify students of a postponement not later than 24 hours before the scheduled date and to reschedule the postponed part of the course at the earliest possible date.

4.6 If, following postponement, the student is unable to attend the alternative date offered then PA may make a partial refund calculated in proportion to however many parts of the course the student has been unable to attend due to PA's postponement.

5. Student's responsibility

5.1 The Student warrants and represents that the information set out on the Application Form is accurate in all respects and that the Student will notify PA of any change of such information immediately.

5.2 It is the Student's responsibility to ensure that at all times PA has a current telephone number, e-mail and residential address details for the student. PA shall not make any refund or pay any loss arising from any postponement or cancellation of the course or any part thereof in circumstances where PA was unable to contact the student because of incorrect contact details.

5.2 The Student undertakes to comply with all health and safety rules and procedures which may be in place at the Premises or which are advised to the student by PA either prior to or during the Teaching Term.

5.3 The Student shall indemnify and keep indemnified PA against all loss (including loss of profit), liability, costs and expenses which PA shall incur directly or indirectly as a consequence of any act or omission by the Student.

5.4 PA advises Students to insure against loss of Course Fees in the event that the Student cannot attend the selected Teaching Term or any alternative Teaching Term offered by PA.

6. Discipline and behaviour

6.1 PA maintains a zero tolerance policy regarding unacceptable behaviour. Examples of unacceptable behaviour include verbal or physical abuse, threatening words or behaviour, non consensual sexual advances or contact and abusive or discriminatory words or behaviour directed at gender, race, religion, age, nationality, sexual orientation or disability.

6.2. PA will not tolerate unacceptable behaviour towards either, Tutors, Administrative Staff fellow Students or members of the public with whom students may come into contact whilst attending the course or the premises at which the course is held. In the event that PA in its sole and absolute discretion determines the behaviour of the Student to be unacceptable, PA shall be entitled to exclude the Student from the Course and Premises permanently or for such period as PA shall (in its absolute discretion) determine and in such circumstances the Fee will not be refunded.

7. Exclusions of liability

7.1 PA warrants that (subject to the other provisions of these Terms) the Contract will performed by PA using reasonable skill and care.

7.2 If PA's performance under the Contract does not conform with the warranty in clause 7.1, PA shall refund the Fee or such part of the Fee as PA considers reasonable in its sole and absolute discretion.

7.3 If PA complies with clause 7.2, it shall have no further liability for a breach of the warranty in clause 7.1

7.4 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.

7.5 Nothing in these Terms excludes or limits the liability of PA:

7.5.1 for death or personal injury caused by the negligence of PA, its teachers, employees or agents;

7.5.2 for fraud or fraudulent misrepresentation; or

7.5.3 for any matter which it would be illegal for PA to exclude or attempt to exclude its liability

7.6 Subject to the provisions contained in this clause 7 and clause 4, PA its teachers, employees or agents shall not be liable for any loss (consequential or otherwise) damage, expense or delay suffered or incurred by the Student or any other party arising directly or indirectly or in any way connected with the attendance of the Student on the Course including but not limited to, the unavailability of a teacher, the postponement or cancellation of the Course (or any part of it) or any other act or omission on the part of PA or any of its teachers, employees or agents even if such act or omission is negligent.

7.7 Subject to the provisions contained in clause 7.5 the Student acknowledges that the maximum aggregate liability of PA to the Student under these Terms shall not exceed the Fee.

8. General

8.1 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 address of the relevant party and shall be deemed to have been received by the addressee within 48 hours of posting if sent by post, and immediately if hand delivered so long as delivery occurs during normal business hours on a normal business day.

8.2 The Course Structure advertised on our website is intended to provide an overview of the Course. Whilst PA takes reasonable steps to ensure the accuracy of the advertised Course Structure some details may vary and the advertised Course Structure is not intended to form part of the Agreement.

8.3 Whilst PA believes that the Terms are fair and reasonable, if any provision contained within them or any provision of the Agreement is found by any course, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable, or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and/or the Agreement shall continue in full force and effect.

8.4 These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties. 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 Agreement.

8.5 The parties do not intend that any term of the Agreement will be enforceable by virtue of the Contracts (Rights of Third parties) Act 1999 by any person who is not party to it.

8.6 The failure of PA to exercise or enforce any right under the Agreement 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.

8.7 The Agreement 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.

Contact Persona...
Email rachel@persona-acting.co.ukTelephone 0845 643 1076