Parent Contract updated 2023
Apr 28, 2024 02:08 PM
WEST YORKSHIRE THEATRE DANCE CENTRE LTD BALLERINA SCHOOL LTD JUMPING JAX LTD TERMS AND CONDITIONS
Definitions
A) For the purpose of this agreement, “We” or “Us” means West Yorkshire Theatre Dance Centre Ltd as the context requires, herein after referred to as “THE SCHOOL”.
“You” or the “Parents” means the person who has signed the Registration Form, or agreed online, as parent or guardian for such child and “Your” shall be construed accordingly.
“Registration Form” means the form provided by Us for You to complete when enrolling your child at The School.
“Fees” means the monies charged for tuition.
“Term” is a set period of dates that covers tuition, predominantly following WMDCs school-education dates.
“A Term’s Notice” means notice given not later than the first day of the terms preceding the term to which the notice relates.
“Terms and Conditions” means these terms and conditions as amended from time to time.
2. School Fees
School fees shall include all costs incurred in the usual course of Dance/Drama/ Acrobatics/Theatre education of Your child by Us.
B) Any extra-curricular activities including (but not limited to) private lessons, trips, examinations, competitions, workshops and/or coaching classes in which You consent your child’s participation shall be deemed to be supplemental to items met by the Fees and charged accordingly.
C) Each person who has signed the Registration Form is jointly and severally liable for the whole of the Fees and any supplemental charges. The persons who have signed the Registration Form remain liable for the whole of the supplemental charges due, unless We
have agreed in writing to look exclusively to any other person for payment of Fees or part of them. If your child has been awarded a Scholarship, Your liability will be for the amount of the Fees after taking account of the award.
D) Each invoice to cover the Balance must be paid in full. The balance of tuition and fees can be found on the front page of the Parent Portal of our website and a detailed breakdown available under Transactions and Statements. The full amount is divided into 4 equal instalments payable via Autopay on the 1st of each pre- defined month. The details of the full term and pre-defined months can be found in the Parent Portal under ‘Documents & Files’
E) We reserve the right to refuse to allow Your child to attend The School whilst Fees or Supplemental charges remain unpaid. We may make an interest charge of £7 per week on late payments.
F) The Fees will be reviewed annually and may be increased by such amount, as We consider reasonable. We shall endeavour to give at least a Term’s Notice of any increase in Fees.
G) Fees and any supplemental charges will not be reduced as a result of absence due to illness or otherwise. The School runs a ‘Pay for Place’ policy and all lessons missed by your child are non-refundable.
3. Notice Requirements
A) If you wish to withdraw Your child from the School, You shall either give a Term’s Notice to that effect or shall pay to Us a Term’s Fees in Lieu of notice at such rate as would have been charged for the final Term of provision if a Term’s Notice had been given. In cases where notice is not given, the appropriate sum in lieu of notice will become due and owing to Us as a debt on the first day of Term which would have been the final Term of provision is a Terms Notice had been given.
By agreeing to this condition You acknowledge that the School’s affairs are organised on a termly basis and that it is not possible for Us to reduce the amount of Fees or for You to obtain a refund of Fees by withdrawing Your child or by stopping his/her participation part-way through a Term.
B) Upon email receipt of Your Childs notice to withdraw from The School. The remaining fees outstanding on the portal will be deducted within 7 days from the debit/credit card on file.
4. Disciplinary procedures
A) The Principal may, at her discretion, require You to remove Your child from The School if she considers Your child’s’ behaviour and performance to be seriously unsatisfactory. Such removal shall be non-appealable and issued in the best interest of The School, Your child or other children.
B) The Principal may, at her discretion, require You to remove Your child if either of Your behaviour is unreasonable and considerably affect the performance and well-being of other children and Staff, and may bring The School into disrepute.
C) Should the Principal exercise her right under sub clause 5(A) or 5(B) as outlined above, You will not be entitled to any refund or remission of Fees or supplemental charges paid or due. However, in such circumstances fees in lieu of notice will not be payable.
5. The School’s obligations
A) While Your child remains a student of TheSchool, We undertake to exercise reasonable skill and care in respect of his/her dance/drama/acrobatics education and welfare. This obligation will only apply during those class hours and at other specifically pre-agreed times between You and the School, when Your child is permitted to be on the premises or is participating in activities organised by the School.
B) In order to fulfill our obligations, We need Your co-operation, in particular by: fulfilling Your own obligations under these Terms and Conditions; encouraging Your child in his/her dance /drama/acrobatics education, keeping the School informed of matters which affect Your child; maintaining a courteous and constructive relationship with the School Staff/ Team and otherwise keeping in touch with the School where Your child’s interests so require.
C) We undertake not to subject Your child to corporal punishment. By signing this agreement You understand and acknowledge that the teaching of Dance/Drama/Acrobatics involves much physical contact and is deemed appropriate to the continued development of the subjects as well as in regards to Your child’s safety and the safety of others.
D) If Your child requires urgent medical attention while under the School’s care, We will, in all practicality, attempt to obtain Your prior consent. However, should We be unable to make contact, You hereby authorise Us to make the decision on Your behalf should consent be required for urgent treatment (including anaesthetic or operation) recommended by a qualified medical practitioner.
E) The School’s website describes the broad principles on which the School is presently run, but it does not form part of the contract between You and Us. We reserve the right to make changes to any aspects of the policies, procedures, management, teaching staff and administration of the School, including the curriculum, subjects offered, ratios and examining bodies, without any prior notice.
F) We shall monitor Your child’s progress at the School. The School will advise You if We have any concern about Your child’s progress.
G) Religious observance at the School shall be conducted in accordance with the School Rules.
H) An& Bullying, The Equality Act 2010 – the school complies with The Equality Act 2010. As such You will be advised immediately in an instance of concern or accusation.
I) Under the Children Act 1989 a bullying incident should be addressed as a child protection concern when there is ‘reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm’.
6. The Parents’ Obligations
A) You undertake to inform the School of any health or medical condition, disability or allergy that Your child has or subsequently develops, whether long term or short term.
B) We do not accept responsibility for the welfare of Your child while off the School’s premises, unless he/she is taking part in an activity under the supervision of a member of the School Staff/Team.
C) You hereby release the School, its members, advisors, directors, employees and agents of these parties from all claims and demands, whether legal or financial, including injuries to any person or property whether on or off the premises.
D) We do not accept responsibility for how You park Your car on school premises or surrounding area. We do not accept responsibility for how You drive Your car on the surrounding roads. We expect You to be courteous to Our neighbours and drive safely.
E) Abuse of staff will not be tolerated. This includes, but is not exclusive to the use of foul language, threatening language, threatening behaviour, and physical abuse.
F) If You have a cause for concern as to a matter of safety, care, discipline or progress of Your child, You must inform the School without delay.
7. Insurance
Your child is included in an obligatory personal accident insurance scheme, the charge for which is made annually and must be paid by the 1st September of each year whilst registered with the School.
B) We reserve the right to refuse admittance onto the School premises or to participate in activities without the necessary School insurance scheme.
8. Confidentiality and References
A) You consent to our supplying specific information and a reference in respect of Your child to any Dance/Drama/Acrobatics/Theatre institution, which You propose your child may attend. Any reference supplied by Us shall be confidential. We will take care to ensure that all information that is supplied relating to Your child is accurate and any opinion given on his/her ability, aptitude and character is fair. We cannot be liable for any loss You or Your child suffers or is alleged to have suffered resulting from a reference or report given by Us.
B) You consent to Us making use of information relating to Your child whilst he/she is at the School and after he/she has left for the purpose of communicating and managing relationships with students and former students of the School. See 13) for GDPR compliance.
9) Social Media
The School’s Social Media Policy refers to all social networking sites, video/photo sharing sites, blogs, micro-blogs, wikis, podcasts, forums, instant messaging and geo-spatial tagging (for example, Facebook check-ins). Please see below for our regulations regarding Social Media and feel free to contact our office staff if you have any questions.
A) Any comments or posts perceived to be obscene, defamatory, threatening, harassing, discriminatory, or hateful towards Us, staff, students or families may subject the owner to disciplinary or legal action.
B) Remember that your anonymity on Social Media is never guaranteed and to exercise particular caution when posts, images or videos identify children in your care.
C) While affiliated with our studio, (for example, images of your child in uniform) we will not tolerate any posts that are racially, sexually, physically or religiously offensive.
D) Identifying information of any featured minors - including names, ages or location - must be removed when posting on Social Media.
10. Intellectual property rights and photography
We shall recognise any intellectual property rights vested in Your child.
B) We may from time to time take digital photographs and video film clips of Your child which may be used as part of our marketing activities. You consent to the photographs and video clips remaining the copyrighted property of the School.
11. Changes in ownership etc
For the purpose of reconstruction or amalgamation, We reserve the right to transfer the undertaking of the School to any other natural or legal person, and to assign the benefit of this contract in connection with any such transfer and/or amalgamate the School or any part or parts of it with any other Dance/Drama/Acrobatic/Theatre institution.
12. Communications
You undertake to notify Us of and change of address of any person who has signed the Registration Form.
13. Privacy Policy GDPR
Purpose and Statement
THE SCHOOL is committed to ensuring the data processed remains safe and secure.
This policy has been written in line with legislative change, including both the Data Protection Act (1998) and the EU’s General Data Protection Regulation (GDPR).
THE SCHOOL has determined the lawful reasons with which it processes personal data:
Legal obligation – GDPR Article 6(1)(c) Legitimate interest – GDPR Article 6(1)(f) Contract – GDPR Article 6(1)(b)
There is also some limited data we process with consent from the Data Subject; Consent – GDPR Article 6(1)(a).
While THE SCHOOL avoids sharing data with third parties at most times, some data is shared in accordance with our business practices. The sharing of data with third parties will always be consensual with the data subject and/or their parent/guardian, and only if THE SCHOOL is satisfied that their Data Protection policy is GDPR compliant.
Main Aims for the policy:
Specify the data THE SCHOOL collect, how it is stored/protected and the reason for collecting it
State how THE SCHOOL use personal data in processing
Disclose who has access to the data and how long we retain information for
Explain Data Subject’s rights with THE SCHOOL data including access, rectification and erasure
General Principles
THE SCHOOL is committed to providing fair and understandable privacy policies in relation to personal data.
THE SCHOOL will, at all times, keep data in secure locations (including, but not limited to, encrypted and access restricted files) and not retain data unnecessarily or past the retention length as set out in this policy.
In the rare instance a data processor that is not THE SCHOOL is used, such as a third party, the data subject will either be asked for consent pre to supplying the data or be notified and have the right to object to processing.
How THE SCHOOL collect Personal Data
THE SCHOOL customers and participants supply their personal data when signing up for classes through our registration form either via the website, or via paper form.
This is either completed by a parent/guardian or the child themselves if they deemed able to do so.
Why THE SCHOOL collect Personal Data
To attend any of THE SCHOOL’s activities participants/parents/guardians must agree to some processing of their personal data. This is due to Legitimate Interests – GDPR Article 6(1)(f), Legal Obligation GDPR Article 6(1)(c), Contract – Article 6(1)(b) and/or Consent – Article 6(1)(a).
Should THE SCHOOL be unable to process participant’s data, we would be contravening both our Health & Safety and Child Safeguarding policies. We would also be ignoring best practice regarding working with children/vulnerable adults.
Our participants must remain safe at all times, therefore information about participants must be collected in order to create registers and accurate student records. This information is also used to provide students with appropriate classes, including dividing students into age groups.
Special category data is only collected with the consent of the data subject. Special category data THE SCHOOL collects includes but is not limited to: Medical/Disability information, Ethnicity, Gender.
As physical activity providers it is essential that this consent is given should a participant have any medical/disability needs. This allows us to incorporate participants safely into classes. It is also used in assessing if we can incorporate participants safely into classes.
Ethnicity and other sensitive data is to provide information to third party bodies for statistical purposes. This data is always provided to third-parties as quantified data (i.e. cumulative numerical data only with no identifying information relating to any data subject).
What data THE SCHOOL collect
Personal data and some special category is collected.
It is essential to our primary function (providing classes to participants) that we are provided, and allowed to process and store the following:
Participant Personal Data:
Full Name – GDPR Article 6(1)(f)
Date of Birth – GDPR Article 6(1)(f)
Home Address – GDPR Article 6(1)(f)
Sex – GDPR Article 6(1)(f)
School/Educational Institution – GDPR Article 6(1)(f)
Exam results (exams taken through THE SCHOOL only) – GDPR Article 6(1)(f) Classes attended/Price paid – GDPR Article 6(1)(f)
Participant Special Category Data:
Medical Information/History – GDPR Article 9 (a)
Disability Information – GDPR Article 9 (a)
Ethnicity – GDPR Article 9 (a & j) – further explicate consent sought Gender/Sex – GDPR Article 9 (a & j) – further explicate consent sought
Parent/Guardian Personal Data:
Name – GDPR Article 6(1)(f)
Address – GDPR Article 6(1)(f)
Email Address – GDPR Article 6(1)(f)
Mobile Telephone Number – GDPR Article 6(1)(f)
Work/Home Number – GDPR Article 6(1)(f)
Emergency Contact Number – GDPR Article 6(1)(f)
Parent/Guardian Special Category Data:
Concession Type – further explicate consent sought
Bank Details – further explicate consent sought in the instance of refunds etc.
How data collected is sent internally
THE SCHOOL transports data with all due diligence.
Enrolment forms are sent to THE SCHOOL through an encrypted email server directly from our website which has controlled access. Received enrolment forms are stored on an encrypted email server for no more than 6 months. Received paper enrolment forms are stored for the duration of the participants enrolment at the THE SCHOOL.
Storage and retention of data
Data received through enquiry and/or enrolment forms is uploaded manually into our database software. Our database is stored both in encrypted files on office-based hardware and backed up regularly in our encrypted cloud-based server. Access to these files is restricted through password protection and only available to authorised staff members.
Registers and emergency contact lists created from student data are stored in encrypted files on office-based hardware and backed up regularly in our encrypted cloud-based server. Access to these files is restricted through password protection and only available to authorised staff members.
Hard copy enrolment forms are stored in a locked safe box, inside a locked limited access Office. When they are no longer in use or out-dated, they are destroyed thoroughly.
Our standard retention policy (without the data subject’s right to access, rectification and erasure etc.) is THREE YEARS post final attendance.
Exceptions to our retention policy:
Financial records are kept for 6 years due to legal obligation
First Aid records are kept for 21 years due to legal obligation
Child Safeguarding records are kept indefinitely on a case-by-case basis, the minimum these will stored for is 6 years due to legal obligation
Bank details are deleted after the action concerning them is complete
Third Parties/Data Processors
THE SCHOOL does not actively share data with third parties, however there are certain instances where sharing information is crucial to our business processes.
Freelance Teachers:
As many of THE SCHOOL teachers are freelance staff, we have confidentiality and data processor agreements in place.
Dance School excursions:
Personal data will be given where necessary to the third party company that We choose to organise our excursions. This may also include photocopies of passports where applicable.
MailChimp:
THE SCHOOL uses a USA based company ‘MailChimp’ to provide newsletters and marketing via email. This is an optional process, which people consent to during enrolment or sign-up directly through our website. Data Subjects can opt-out and erase/rectify their record stored with MailChimp at any time.
THE SCHOOL is satisfied that their GDPR regulations are thorough, and the information stored in MailChimp (email addresses) is secure. We have a processor contract in place, and copies are available upon request.
Dance Studio Pro
THE SCHOOL uses a USA based company ‘Dance Studio Pro’ to hold data and communicate via email, text, voice service and push notifications. You have the right to ‘unsubscribe’ within the Parent portal. A ‘Right to be Forgotten’ button is also within the Parent Portal. Once all Financial obligations are complete, all your data under the Right to be Forgotten will be erased within one month of request/financial completion.
Child Performance Licensing:
In order to process child performance licences, THE SCHOOL are legally required to provide some personal data to local councils (including but not limited to: full name, date of birth and school details).
THE SCHOOL is satisfied that their GDPR process are thorough and any data will be stored in a secure environment, and not unnecessarily retained. For more information:
http://www.wakefield.gov.uk/schools-and-children/supporting-families/education- welfare-service/children-entertainment
Child Safeguarding Concerns:
In the unlikely event THE SCHOOL has a safeguarding concern in relation to one of participants, THE SCHOOL are legally required to provide data to the safeguarding board at the local council.
THE SCHOOL is satisfied that their GDPR process are thorough and any data will be stored in a secure environment, and not unnecessarily retained.
Event Programmes:
THE SCHOOL may occasionally produce programmes for events. These will only ever contain the first name and last name. The name of a child’s class may also be included. Participants/their Parent and/or Guardians may choose if they want to be included in the programme when they agree to participate at an event.
Examination Entry:
In order to enter examinations, THE SCHOOL must provide some personal data to examination boards (currently THE SCHOOL work with: LAMDA, RAD and IDTA). This sharing of data is to be consented to by the data subject and/or parent/guardian upon being entered for the exam.
Rights of the data subject and THE SCHOOL compliance with responses
Any data subject with personal data stored within THE SCHOOL is entitled to the rights of: Access
You may contact THE SCHOOL at any time to access all data held relating to you and/or your child(ren). THE SCHOOL will ensure that we respond to a subject access request without undue delay and within one month of receipt. If the information request will also include data regarding others, THE SCHOOL has the right to refuse the request or take steps in order to obtain consent from other involved parties.
The right of access does not apply to THE SCHOOL’s legal obligations such as Child Safeguarding records.
Rectification
You may contact THE SCHOOL at any time in order to rectify data held relating to you and/ or your child(ren). THE SCHOOL will ensure that we respond to a rectification request without undue delay and within one month of receipt.
The right to rectification does not apply to THE SCHOOL’s legal obligations such as payment record information.
Erasure
You may contact THE SCHOOL at any time in order to erase data held relating to you and/ or your child(ren). THE SCHOOL will ensure that we respond to an erasure request without undue delay and within one month of receipt.
The right to erasure does not apply to THE SCHOOL’s legal obligations such as First Aid records.
Restrict Processing
You may contact THE SCHOOL at any time in order to restrict the data we process relating to you and/or your child(ren). THE SCHOOL will ensure that we respond to a request to restrict processing without undue delay and within one month of receipt.
However, due to our legitimate interest in most of the data collected- we may have to revoke your membership with THE SCHOOL until the restriction is lifted. This is due to Health and Safety and Child Safeguarding.
Data Portability
You may contact THE SCHOOL at any time in order to obtain the data we process relating to you and/or your child(ren) and reuse it across different services. THE SCHOOL will ensure that we respond to a request to restrict processing without undue delay and within one month of receipt.
Please note, this does not apply to THE SCHOOL’s legal obligations. Objection
You may contact THE SCHOOL at any time in order to object to the processing of data relating to you and/or your child(ren). THE SCHOOL will ensure that we respond to a request to restrict processing without undue delay and within one month of receipt.
However, due to our legitimate interest in most of the data collected- we may have to revoke your membership with THE SCHOOL until the restriction is lifted. This is due to Health and Safety and Child Safeguarding.
Rights related to automated decision making including profiling
You may contact THE SCHOOL at any time in order to object to profiling relating to you and/or your child(ren). THE SCHOOL will ensure that we respond to a request to restrict processing without undue delay and within one month of receipt.
However, due to our legitimate interest in most of the data collected- we may have to revoke your membership with THE SCHOOL until the profiling restriction is lifted. This is due to Health and Safety and Child Safeguarding.
THE SCHOOL has a lawful reason for profiling; Legitimate Interests and consent.
None of THE SCHOOL’s decision making is automated. Profiling is only used in circumstances where a participant may have certain health/disability needs which may prevent them from taking part in classes (as it would be unsafe to do so).
Any and all verbal requests are noted, and then contacted again either via phone or email to verify the request. Verbal requests will be responded to in the time frames mentioned above.
Photos/Videos of participants
THE SCHOOL often use footage/photos used from shows, performances and classes for marketing purposes both in print media and the website. Participants/their Parent and/or Guardians may choose if they do not wish themselves/their child to be depicted.
Some attendees at events may film/take photos for their own personal use (e.g. parents of other participants). Participants/their Parent and/or Guardians may choose if they do not wish themselves/their child to be depicted.
Social Media:
THE SCHOOL regularly share photos/videos of students in workshops, events and performances through social media platforms including; Instagram, Facebook, Twitter, Email. These will never be shared with any identifying information (age, full name etc.). There may be times where we will share first names, but only with the explicit consent of the parents.
Training and Data protection in practice
All members of staff (Freelance and Voluntary) must agree to this Data Protection policy prior to accepting a contract of employment.
Training is supplied as part of management and supervision. It is also included in all induction and training periods.
THE SCHOOL is registered as a Data Controller with the Independent Commissioners Office (ICO). The registered Data Protection Officer (DPO) is Sarah Thomas (sarah@WYdancecentre.com).
Complaints and Data Breeches Complaints:
Complaints in regard to the handling of any personal data can be made directly to THE SCHOOL’s DPO: Sarah Thomas
Email: Sarah@WYdancecentre.com
Telephone: 01924 266374
Address: Fairfield Hall, 161 Station Road, Ossett, WF5 0JE
If you feel that your complaint was not handled in the correct manner, or still have concerns, you may escalate the complaint by either by contacting the Independent Commissioner’s Office (ICO).
ICO Telephone Number: 0303 123 1113 Data Breeches:
If THE SCHOOL experiences a data breech of any kind, we have a legal obligation to report this to ICO within 72 hours. The data breech will be reported by the DPO. In the instance they are unavailable to report the breech, the next most senior staff member shall do so.
THE SCHOOL will also inform all the victims of the data breech as soon as possible if there is a high risk of adversely affecting individuals’ rights and freedoms.
THE SCHOOL will store and record all data breeches.
14. Interpretation
Headings in the Terms and Conditions are for ease of understanding only and do not form part of the Terms and Conditions.
15. Jurisdiction and governing Law
The contract between You and Us is governed by English Law. You agree with Us to submit to the exclusive jurisdiction of the English courts.
16. Variation
We reserve the right to make reasonable modifications to these Terms and Conditions from time to time without prior notice