21 AUGUST 2020
NOTICE FOR ONTARIO RESIDENTS: You have rights under the Consumer Protection Act, 2002 that are listed in section 3.4 of this Agreement.
By enrolling your child at Stagecoach, you accept these terms and conditions ("Terms & Conditions") and sign your agreement to them as an ongoing agreement between you and Stagecoach ("Agreement").
The Agreement is made between the parent/guardian ("Parent", "you" or "your") of each enrolled student ("Student") by a Parent and Stagecoach Theatre Arts (Canada) Limited ("Stagecoach", "we", "our", "us") (trading as Stagecoach Performing Arts) and is valid at all times whilst the Student is enrolled on any Stagecoach activity and until such time as this agreement is terminated.
1.1. These Terms & Conditions apply to all our Stagecoach schools, Courses, Holiday Workshops/Camps, Workshops and any additional products and/or services offered by Stagecoach and/or its group of companies in the future for any Student (collectively "Stagecoach Activities"). We may update any aspect of these Terms & Conditions from time to time, as well as the prices at which any of our products or services are offered as shown in the applicable Fee Note.
1.2. For participation of a Student in a Stagecoach Activity all Parents are required to consent to these Terms & Conditions by signature or by ticking the acceptance box for these Terms & Conditions when submitting an electronic application form online.
1.3. Any changes to these Terms & Conditions require the written consent or approval of Stagecoach.
1.4. A "Course" refers to a course of classes offering tuition in dance, drama, and singing which will generally be delivered during the Term (including online activities). Course classes will take place once per week for a certain number of hours, as detailed at the time of booking.
1.5. "Holiday Workshop/Camp/Summer Camps" refers to Workshops (including online activities) run by some Stagecoach schools and Stagecoach Performing Arts generally during the breaks between Terms.
1.6. "Principal" refers to the Principal of a particular Stagecoach school.
1.7. "Term" refers to one normal academic term of Stagecoach schools during which Courses are run.
1.8. "Term Dates" refers to the dates for the relevant Term.
1.9. "Workshop" refers to a one-off course (including online activities) offering tuition in dance, drama, singing and/or other performing arts related activities which will be delivered for a certain number of hours per day for a period of between one (1) and five (5) consecutive days and can run at any time throughout the year.
1.10. “Online activity” refers to one-off online streamed lessons and online Workshops utilising the Zoom platform, either delivered by a Stagecoach school or by Stagecoach Performing Arts. See section point 8.7.
1.11. “Programme Delivery Mechanism” refers to how the tuition is delivered. This could be in an approved Stagecoach venue or online using Zoom.
2. ENROLLING A NEW STUDENT IN A STAGECOACH ACTIVITY
2.1. To apply for a place for a new Student on a Stagecoach Activity, the Parent must agree to these Terms & Conditions and submit an application form online or by mail.
2.2. All references to currency in these Terms & Conditions are in Canadian dollars.
2.2. Each Student's place is allocated on a 'first come, first served' basis.
EXCEPT IN THE PROVINCE OF QUEBEC applications must be accompanied by the appropriate payment/transfer, as set out for each Stagecoach Activity below ("Deposit").
The Deposit to accompany a new Student's application form for term enrolment:
Early Stages $50 + tax (as at 1 July 2020)
Main & Further Stages $90 + tax (as at 1 July 2020)
For Holiday Workshops and Summer Camps, deposits may vary, please check with the local Principal.
2.3. If Stagecoach is unable to accept the Student due to capacity reasons, the Student may, at the Parent's discretion, be placed on a reserve list.
Before a Student is placed on a reserve list, the Principal shall inform the Parent whether
(i) the Deposit will be retained by Stagecoach whilst the Student is on the reserve list, or
(ii) the Deposit will be refunded to the Parent and that the Parent may be required to repay the Deposit at a later date if a place is confirmed. If the Parent does not wish for the Student to be placed on a reserve list the Deposit shall be refunded. In any event Deposits shall always be refunded within ten (10) days of informing the Parent that the Deposit is refundable for capacity reasons.
2.4. Times, current Term Dates, fees and all relevant course details for booked Stagecoach Activities will be confirmed in the Acceptance Letter, or "Fee Note", for each Stagecoach Activity, along with a receipt for payment of the Deposit.
2.5. All such terms and conditions detailed in the Fee Note, and/or the Acceptance Letter shall be incorporated into the Agreement and shall be deemed to have been accepted by the Parent upon payment by, or on behalf of, the Parent.
2.6. Fees for Stagecoach Activities may vary between Stagecoach schools
3.1. Cancellation outside the Provinces of Ontario & Quebec: From the date the Deposit is paid, you have a fourteen (14) calendar day cancellation period ("Cancellation Period") to change your mind and cancel the Student's place on the Stagecoach Activity.
3.2. After the Cancellation Period expires, the Deposit is non-refundable and will be retained by Stagecoach.
3.3. If the start date of a Stagecoach Activity falls within the Cancellation Period and the Stagecoach Activity has finished before the Parent notifies Stagecoach of their desire to cancel, then the Deposit is not cancellable or refundable.
3.4. If the start date of the Stagecoach Activity falls within the Cancellation Period and some of the sessions of the Stagecoach Activity have been delivered before the Parent, within the Cancellation Period, notifies Stagecoach of their desire to cancel, then the Deposit may be partly refunded in proportion to the number of sessions delivered.
Your Rights under the Consumer Protection Act, 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the later of either, the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period.
In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of
Ontario or the Government of Canada or is known by you.
If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
3.5. Cancellation for residents of the Province of Quebec:
Clause required under the Consumer Protection Act.
(Service contract involving sequential performance for instruction, training or assistance)
The consumer may cancel this contract at any time by sending the form attached hereto or another notice in writing for that purpose to the merchant.
This contract is cancelled, without further formality, upon the sending of the form or notice.
If the consumer cancels this contract before the merchant has begun the performance of his principal obligation, the consumer has no charge or penalty to pay.
If the consumer cancels this contract after the merchant has begun the performance of his principal obligation, the consumer must pay only:
(a) the price of the services rendered him, computed on the basis of the rate stipulated in the contract; and
(b) the less of the following 2 sums: $50, or a sum representing not more than 10% of the price of the services that were not rendered to him.
Within 10 days following the cancellation of the contract, the merchant must restore to the consumer the money he owes him.
It is in the consumer’s interest to refer to sections 190 to 196 of the Consumer Protection Act (chapter P- 40.1) and, where necessary, to communicate with the Office de la protection du consommateur.
The rates stipulated in the Agreement can be found in the applicable Fee Note.
4. BALANCE PAYMENTS
4.1. For a Student enrolled in any Stagecoach Activity, balance payments are due as follows:
RESIDENTS OUTSIDE THE PROVINCES OF QUEBEC AND ONTARIO: the full fees are due as the Deposit in advance.
RESIDENTS OF THE PROVINCE OF ONTARIO: (i) for Stagecoach Activities that are one day in length, the balance is due at the start of the Stagecoach Activity, (ii) for Stagecoach Activities that are longer than one day, you have the option to pay by either (a) in advance, or (b) in instalments, as outlined on the Fee Note or Venue Sheet.
RESIDENTS OF THE PROVINCE OF QUEBEC: (i) for Workshops that run three consecutive days or less, the full fees are due at the start of the Workshop, or (ii) for Workshops that run more than three consecutive days, 50% of the fees are due at the start of the Workshop and the balance is due when the Workshop is approximately half done. For a Student enrolled on a Workshop, the full fees are paid as the Deposit in advance, as detailed in clause 2.2 above.
4.2. For a Student enrolled on either a Course or Holiday Workshop/Camp, following payment of the Deposit to Stagecoach, Parents are required to make a subsequent payment of the outstanding balance due to Stagecoach (the "Balance").
4.3. The Balance must be paid in full, subject to any alternative agreements made with the Principal, by the first day of the Term or Holiday Workshop/Camp, by one of the following methods where offered:
Interac Email Transfer.
Credit Card, Visa and Mastercard.
4.4. Transaction charges apply to cheques of £1$ per cheque
5. COURSES & AUTORENEWALS
5.1. A Stagecoach school may, at its discretion, offer the second child of the same family attending a Main Stage course at the same time, a sibling discount of up to fifty percent (50%) on Course fees. This discretionary sibling discount will only apply if Stagecoach is notified of the sibling relationship at the time the Deposit or Fee is paid. Only one discount may apply against the Course fee for an individual child at any one time.
5.2. Once enrolled on a Course, Term Dates for the next Term will be made known to Parents in writing at the end of the current Term, delivered at least 30 days before the start of the next Course.
5.3. If a Course session falls on a statutory holiday, then a replacement class will also be added onto the end of the current Term timetable or the subsequent Term on a date to be determined at Stagecoach’s discretion.
5.4. Course auto-renewals:
RESIDENTS OUTSIDE OF THE PROVINCES OF QUEBEC AND ONTARIO: Unless
Stagecoach is otherwise notified in writing by you before the fifth (5th) week of the Course, a Student is automatically re-enrolled onto the Course for the following Term. If you do not notify Stagecoach before the fifth (5th) week of the Course that you do not wish a Student to be re-enrolled onto the following Term of the Course, then you will remain liable for half of the full Term fees in respect of the next Term, regardless of attendance of the Student. Payment is due for the next Term of Course fees before the start date of the Term, subject to any alternative payment agreements you may have with the Principal.
RESIDENTS OF THE PROVINCE OF ONTARIO: Parents will be notified at least 30 days but not more than 90 days about the automatic renewal of this Agreement. This Agreement will not be renewed if the Parent notifies Stagecoach, at the address set out on the applicable Fee Note or Venue Sheet, that the Parent does not wish to renew the Agreement.
RESIDENTS OF THE PROVINCE OF QUEBEC: Unless Stagecoach is otherwise notified in writing by you before the fifth (5th) week of the Course, a Student is automatically re-enrolled onto the Course for the following Term.
Unless Stagecoach is otherwise notified in writing by you before the fifth (5th) week of the Course, a Student is automatically re-enrolled onto the Course for the following Term.
5.5. If you do not notify Stagecoach before the fifth (5th) week of the Course that you do not wish a Student to be re-enrolled onto the following Term of the Course, then you will remain liable for half of the full Term fees in respect of the next Term, regardless of attendance of the Student.
5.6. Payment is due for the next Term of Course fees before the start date of the Term, subject to any alternative payment agreements you may have with the Principal.
5. COURSE TRIAL PERIODS
5.1. Where a new Student is attending a Course for the first time, subject to availability, Stagecoach allows a two (2) session trial period ("Trial Period") so that the Student may try the first two (2) sessions of the Course. The Trial Period only applies to Courses for new Students and the two (2) trial sessions must be taken consecutively within the first four (4) weeks of the start of the Term.
5.2. You may cancel the Course within five (5) calendar days after the end of the Trial Period and if full term fees were paid then Stagecoach will refund the Balance to you within fourteen (14) calendar days of your cancellation.
5.3. Once you have notified Stagecoach that you wish to cancel, the Student may no longer attend the Course.
5.4. If no cancellation is made in accordance with clause 5.2, the Agreement for the Course will continue for the duration of the Term and, unless written notice is provided to Stagecoach by the Parent before the end of the fifth (5th) week of the Term, the Agreement will automatically renew for the following Term's Course in accordance with clause 4.4. For the avoidance of doubt, if you do not choose to exercise your right to cancel in accordance with clause 5.2 and the Student later wishes to stop attending the Course during the Term, then Stagecoach is unable to refund the Balance for the Term and notice for cancellation will take effect from the start of the next Term.
6. WORKSHOPS & HOLIDAY WORKSHOPS/CAMPS
6.1. Parents should contact their local Stagecoach school to confirm if it is organising Workshops and/or Holiday Workshops/Camps.
6.2. Dates and times of Workshops and Holiday Workshops/Camps are released in advance on your local Stagecoach website.
6.3. For the avoidance of doubt, the sibling discounts detailed in section 4 above do not apply to Workshops or Holiday Workshops/Camps.
6.4. EXCEPT FOR RESIDENTS OF THE PROVINCE OF QUEBEC and unless otherwise
prohibited by law, if If you cancel a Student's place on a Holiday Workshop/Camp or Course outside of the Cancellation Period and within fourteen (14) calendar days of the commencement of the Holiday Workshop/Camp or Course, the Deposit will be retained by Stagecoach and you will be required to pay fifty percent (50%) of the balance of the fees for the Holiday Workshop/Camp or Course.
6.5. EXCEPT FOR RESIDENTS OF THE PROVINCE OF QUEBEC and unless otherwise
prohibited by law, if you cancel a Student's place on a Holiday Workshop/Camp or Course outside of the Cancellation Period and within seven (7) calendar days before the commencement of the Holiday Workshop/Camp or Course, the Deposit will be retained by Stagecoach and you will be required to pay the full balance of the fee.
6.6. Please note that clauses 6.4 and 6.5 above are subject to your statutory cancellation rights as set out in clause 2 of these Terms and Conditions.
7. USE OF PERSONAL INFORMATION
7.2. Stagecoach owns all the rights, title and interest in and to its websites, including software, text and media and its trade marks, logos and brand elements. Nothing within these Terms & Conditions affects or licences the ownership of these rights. Any intellectual property created during any Course, Workshop or Holiday Workshop/Camp is owned by Stagecoach.
8. HEALTH AND SAFETY
8.1. Students participate at their own risk and either Parents or Students are obliged to inform Stagecoach and its staff of any existing injuries or medical conditions. All application forms must have any known medical conditions stated and any changes to such information must be notified to Stagecoach immediately in writing.
8.2. If you are unsure whether a Student should participate in any activity please consult the Student's Doctor before enrolling the Student on a Stagecoach Activity.
8.3. Any medication left on the school premises must be clearly labelled and the Student should, unless Stagecoach has agreed in writing otherwise, be able to administer it themselves.
8.4. Students must wear suitable footwear and clothing at all times, including Stagecoach uniform for all Courses.
8.5. If a Student is unwell or has an accident requiring emergency treatment, the Parent will be contacted via the emergency contact details provided below or on the enrolment form. This number must always be contactable whilst the Student is attending the Stagecoach Activity.
8.6. Parents are solely responsible for ensuring that the emergency contact details on Stagecoach's records are up to date.
8.7. All online activities are recorded and held for a period of up to four weeks for safeguarding and quality review purposes.
9. PERSONAL PROPERTY
9.1. Students are obliged to take care of their own belongings. Stagecoach can accept no liability for lost or damaged belongings.
9.2. EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE
OF QUEBEC, You acknowledge that the maximum aggregate liability of Stagecoach to a Student or Parent under these Terms & Conditions shall not exceed the Stagecoach Activity fee to which a claim relates.
9.3. EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE
OF QUEBEC, theThe liability of Stagecoach and that of its staff is restricted to class time only and then only to gross negligence.
10.1. Stagecoach may, at its own discretion, refuse a Student entry to a Stagecoach Activity or session of a Stagecoach Activity if it is felt that the Student's behaviour is unacceptable.
10.2. Stagecoach reserves the right to make changes to the timetable, teaching staff and advertised programme including the programme delivery mechanism (for clarity this could mean that we switch to online delivery of some lessons) in the event of illness or other circumstances beyond our control.
10.3. Where a session of a Stagecoach Activity has to be cancelled by Stagecoach, Principals will give as much notice as possible. In the event of a last minute session cancellation, you will be notified by email, text message, a call to your cell phone or through a designated Stagecoach social media site. Parents must ensure that they provide their Principal with up-to-date contact details.
In the event of a Stagecoach Activity being cancelled, Stagecoach will provide substitute lessons where possible either in an alternate venue or online. If no alternative can be offered, Stagecoach will provide refunds for lessons that are unable to be fulfilled.
10.4. It is occasionally necessary to change the time and/or venue of a Stagecoach Activity session. This will only be done if absolutely necessary and Stagecoach will do its best to keep class times, programme delivery mechanisms and/or locations as similar as possible but unfortunately this cannot always be guaranteed.
10.5. In the event that a Student is unable to attend a Stagecoach Activity session, due to sickness, holiday or a decision by the Parent or Student not to attend, Stagecoach regrets that it is unable to refund any payment.
10.6. All Students must be collected on time after a session. Stagecoach is unable to supervise Students after a session and consistent late collection will result in additional charges.
10.7. Stagecoach Activity fees are reviewed annually and may be increased each year.
10.8. These Terms & Conditions, together with any Fee Note, Acceptance Letter and/or Venue Sheet, constitute the entire agreement between the parties which supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.9. In the event that one or more of the provisions of the Agreement are found to be unlawful or otherwise unenforceable, those provisions shall be deemed severed from the remainder of the Agreement.
10.10. The Agreement shall be governed by, and construed in accordance with, the laws of your jurisdiction of residence and any dispute, proceedings or claim shall be heard within the jurisdiction of residence.