Fourways / Kyalami / Glenvista / Tableview
TERMS AND CONDITIONS
1. These terms and conditions and the enrolment form to which these terms and conditions are attached must be completed in full.
2. Definitions
In these terms and conditions any reference to:
2.1 “We”, “Us” or “Our” shall mean Dance Mouse, our employees and our agents.
2.2 “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 and
conditions.
2.3 “Dancer” shall mean the person indicated as the dancer on the Enrolment Form.
2.4 “Consumer Protection Act” shall mean the Consumer Protection Act, 68 of 2008.
3. Duration
3.1 This agreement is valid for the period as indicated below and will commence on date of first class attended of the agreement, subject to paragraph 3.
Year/s: 1 Term 1: Term 2: Term 3: Term 4: PRIVATE IS 3 TERMS PUBLIC IS 4 TERMS
4. Payment
4.1 You shall be liable for a non-refundable Registration Fee.Once off!- SEE 4.4 FOR MORE DETAILS
4.2 We shall confirm the enrolment fee payable for the Dancer in writing prior to enrolment.
4.3 The enrolment fee is payable by all new students in advance and must be paid in full before the Dancer will be allowed to participate in the classes.
4.4 FEE STRUCTURE FOR PRIVATE AND PUBLIC PRE-PRIMARY AND PRIMARY SCHOOLS CAN BE VIEWED UNDER LIST OF SCHOOLS.
The Dance kits can take up to 3-4 weeks for delivery depending on stock. It is the parents 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. Packs will only be delivered once full payment of the invoice has been made
4.5 Fees are as follows and are subject to an annual increase of 10%:
4.5.1
Public 4 Term
DM TOTS = R640 per term (20 min class)
DM DANCE = R720 per term (30 min class)
DM DANCE = R850 per term (45 min class)
DM ACRO = R1095 per term (60 min class)
Private 3 Term
DM TOTS = R860 per term (20 min class)
DM DANCE = R960 per term (30 min class)
DM DANCE = R1140 per term (45 min class)
DM ACRO = R1460 per term (60 min class)
- pay for lessons within the term only! SCHOOL
4.6 Fees for each term are payable in advance via EFT unless otherwise agreed with us.
4.7 You are required to furnish us with proof of payment via email or SMS, failing which we shall assume that payment has not been made.
4.8 In the event that we agree to receive your payment by cash or cheque, we shall provide the Dancer with an envelope for your payment.
5. Obligations
5.1 We shall endeavour to provide the Dancer with exposure to the following dance training and dance forms: Depending on the choices of the majority of the class.
Ballet Basics, Modern Basics, Body Conditioning & Pilates technique training, Proprioception skills programme and Silk Training for strength and stretching.
5.2 We shall also introduce the Dancer to the following dance genres:
Modern, Jazz, Afro-fusion, Freestyle, Hip Hop, Rock ‘n Roll, Latin American Basics, Disco, Break Dancing Basics, Tap and Cheerleading.
5.3 We shall teach the Dancer to protect, strengthen and stretch his/her body.
5.4 We shall strive to make the Dancer aware of his/her own body, its limitations and its strengths.
5.5 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.
5.6 We shall provide our instructors with continuous training and development and undertake to upgrade and improve the syllabus every alternate year.
5.7 You will be provided with a term programme which will highlight and explain all the special routines and related activities every student will be taught, including the benefits and
development aspects thereof.
5.8 You will be provided with at least one newsletter per term which will keep you informed about assessments and fun days.
5.9 We will correspond with you via email and in the event that you change your email address, it will be your responsibility to ensure that you provide us with an updated email address.
6. Service
6.1 Dance Mouse is not responsible for any orders taken outside the service that Dance Mouse offers. ie: Dvd orders/photographs ordered at performances. This is at your own risk.
On signing this form you give permission at your own risk for your dancer/s to have photographs or be filmed for videos/TV.
6.2 Incorrect names on certificates will not be changed after the deadline date
6.3 Dancers missing more than 5 lessons may not be able to participate in the showcase/festival.
7. Costs
7.1 In the event you breach any obligation under this agreement and we deem it necessary to engage the services of a registered debt collector to recover any payments which may be due or payable, you shall be liable for:
4.1.1 Tracing agent fees (if required);
4.1.2 Fees, disbursements and expenses to which the debt collector is entitled in terms of the Debt Collectors Act;
4.1.3 Collection Commission in the amount of 10% on each instalment paid to the debt collector or paid directly to us following hand-over of the matter to the debt collector, provided that the collection commission
charged shall not exceed the statutorily prescribed maximum amount.
7.2 In the event you breach any obligation under this agreement and we deem it necessary to engage the services of an attorney to enforce our rights (including the right to receive payment), you shall be liable for:
7.2.1 Tracing agent fees (if required);
7.2.2 The attorney’s costs on an attorney and own client scale;
7.2.3 Collection Commission in the amount of 10% on each instalment paid to the attorney or paid directly to us following hand-over of the matter to the attorney, provided that the collection commission charged shall
not exceed the statutorily prescribed maximum amount.
7.3 Our attorney or debt collector (as the case may be) shall on receiving a payment from you, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards
fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to us and finally towards the capital amount due to us.
8. Jurisdiction
8.1 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.
9. Breach
9.1 In the event that you fail to make payment before the start of the term and we enforce this agreement, you shall be liable for a R130.00 administration fee and you will also be charged interest at a rate of 15.5% per year on
all fees which are paid after the start of the term.
9.2 I understand that I am fully responsible for my account. I understand that I am given 30 days in which to settle my account.
9.3 Please note that if payment is not made within 90 days, the account will be handed over to our attorneys for collections
9.4 You will be held liable to pay any collection and/or attorney fees on the Attorney Own Client scale.
9.5. A dancer may not continue into the next term if fees for the previous term have not been paid, unless a written arrangement has been made between yourselves and DM DANCE.CO.
10. Injury
10.1 You understand that the Dancer may be required to physically exert himself/herself.
10.2 You understand that due to the nature thereof, injuries may occur and may vary from being minor to being fatal.
10.3 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.
10.4 You understand that this list of injuries is not comprehensive but you confirm that you now understand the type of injuries that could occur.
10.5 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.
11. Termination
11.1 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.
11.2 If you wish to terminate this agreement, you shall be required to give 21 Days written notice as per CPA requirements. Notice may not be given in the last term.
11.3 You will be liable for a 20% penalty fee of the total amount for such term due to your failure to give sufficient notice in terms of paragraph 11.2.
12. Notice
12.1 Should you give a terms notice to terminate this agreement and return, you have the option to purchase the clothing and a R120.00 re-enrolment will be charged.
13. Showcase and Terms
13.1 Festival/Showcase shall be carried out in November and Dancers will receive a report card, certificate and medal.
13.2 An additional fee in the amount of R 195 will be payable for A SHOWCASE/CONCERT AND ASSESSMENT FEE together with your 1st term fees. An Annual increase is applied to
the Showcase/ Concert.Festival fee.
Newsletters are sent termly and periodically throughout the regarding events of all information regarding the Showcase/Festival. Should you not receive information it is your
responsibility to contact us to inform us. We do not take responsibility if you do not receive the information.
13.3 Terms for students from Public Schools are as follows: Term 1 – January, February, March; Term 2 – April, May, June; Term 3 – July, August, September; Term 4 –
October, November, December. A term is 8-9 lessons
13.4 Terms for students from Private Schools are as follows: Term 1 – January, February, March, April; Term 2 – May, June, July August; Term 3 – September, October,
November, December. A Term is 10-11 lessons.
14. Attendance
14.1 Fees shall not be reimbursed or reduced as a result of classes not taking place on public holidays or school holidays.
14.2 Fees shall not be reimbursed should a learner be absent for any reason whatsoever.
14.3 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.
15. General
15.1 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.
15.2 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.
15.3 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.
COVID IDEMNITY
1. I acknowledge the contagious and unpredictable nature of the coronavirus disease 2019 (COVID-19) that makes it difficult to prevent transmission, and I hereby voluntarily execute this COVID-19 Transmission Indemnity Form (Indemnity) in my capacity as the parent or legal guardian of the above child's name (the Client), as well as in my personal capacity, to and in favour of Dance Mouse Fourways(the Business).
2. I acknowledge that the Department of Health and many other public health authorities still recommend practicing social distancing, and the (Dance Mouse Fourways) has put in place preventative measures and other protocols to reduce the spread of the COVID-19 but, even so, the Client’s return to the (Dance Mouse Fourways) may subject him/her to the risk of being infected with the COVID-19. I also acknowledge that the Client is under no obligation to attend (Dance Mouse) if I and/or the Client have any safety concerns, and notwithstanding this, I have freely consented to the Client’s return to (Dance Mouse) fully aware of, and on the voluntary assumption of, the aforementioned risk.
3. I understand this is an important legal document indemnifying the (Dance Mouse Fourways) against the transmission of COVID-19 on the (Dance Mouse Fourways) premises and that by signing this Indemnity I hereby waive certain legal rights that may exist and that I may otherwise have against the (Dance Mouse Fourways) and others. I understand that I have had the opportunity to review this Indemnity with an attorney of my choice.
4. I understand that if at any time after the return to (Dance Mouse Fourways), the (Dance Mouse Fourways) learns that any Client, employee, director, agent, contractor or officer is infected with COVID-19 or has tested positive for COVID-19, the (Dance Mouse Fourways) shall advise me of such fact but shall be under no obligation to disclose the identity of such person to me.
5. I undertake to follow and obey, and to impress on the Client to follow and obey, all rules, instructions, directions, and requirements of the (Dance Mouse Fourways) as they may be changed, modified or amended by the (Dance Mouse Fourways) before, during, and after the return to Business, including, without limitation:
5.1 all rules, instructions, directions, and requirements as may be applicable to the (Dance Mouse Fourways) response to the COVID-19 pandemic and the need to limit any transmissions of COVID-19; and
5.2 agreeing to having the Client’s temperature taken whenever the client arrives at the premises and at intervals as determined from time to time by the (Dance Mouse Fourways) and/or as required by any Regulations issued by the Government under the Disaster Management Act, 2002 (Act No. 57 of 2002).
6. I hereby agree to defend and irrevocably and unconditionally indemnify and hold harmless the (Dance Mouse Fourways), and its directors, employees, agents, contractors and officers or each of them (Indemnified Parties), from and against any claim for damages or losses and/or from any other claims, judgments, penalties, costs or other liability or expense (including, but without limitation, legal costs) of any nature whatsoever (whether direct, consequential or otherwise), whether for death, personal injury, illness or other loss or harm sustained by the Client, arising out of, resulting from, relating to or in connection with the transmission of COVID-19 at (Dance Mouse Fourways).
7. I hereby irrevocably and unconditionally release, waive, discharge and abandon any and all claims, suits, action, demand or proceeding that I, or the Client, may have against the Indemnified Parties with respect to death, personal injury, illness, or any other loss or harm, arising out of, resulting from, relating to or in connection with the transmission of COVID-19 at (Dance Mouse Fourways).
8. If any term or provision of this Indemnity is deemed invalid or unenforceable, such term shall be deemed to be modified or limited to the extent necessary to make the term valid and enforceable.
9. This Indemnity supplements the Parent Contract and/or Enrolment Contract (as amended from time to time) that I have entered into with the (Dance Mouse Fourways) and in the event of a conflict between the provisions of this Indemnity and the Parent Contract and/or Enrolment Contract (as amended from time to time), the provisions of this Indemnity shall prevail.
10. The governing law and alternative dispute resolution provisions of the Parent Contract and/or Enrolment Contract (as amended from time to time) shall apply mutatis mutandis to this Indemnity.
I/WE DO HEREBY DECLARE AND CERTIFY THAT I/WE HAVE READ THIS DOCUMENT AND I/WE FULLY UNDERSTAND ITS CONTENT. I AM / WE ARE AWARE THAT THIS IS AN INDEMNITY AND RELEASE OF LIABILITY AND I/WE SIGN IT OF MY OWN FREE WILL.
MARKETING CONSENT FORM
By agreeing to these terms and conditions you as a parent are aware and grant full rights for DM Dance Fourways to use any images or videos taken for fundraising, publicity or other purposes to help achieve the group’s aims. This might include (but is not limited to), the right to use them in their printed and online publicity, social media, press releases and funding applications.