Terms & Conditions
Below are The Little Hero Company Terms and Conditions for its classes, parties and events.
Definitions:
In this agreement, unless the context requires otherwise: “Agreement” means the terms and conditions set out in this document and any Order accepted by us in writing or any special terms and conditions agreed in writing by the Little Hero Company and the parent. “Order” means any order for Goods or Services from us; “Parent” means a parent or legal guardian who will be responsible for the payment of the Fees and who is the contracting party to this contract; “Carer” means the person / persons who attend the course or any part of it, with the child; “Child” means the child attending the course, whose details are specified by the Parent on the Registration Form; “Course” means the series of consecutive Sessions for which you have registered your child for Superhero training; “Sessions” are the individual classes comprising a Course; “Registration Form” means the form relating to the registration or re-registration of the pupil on the course; “Fee” means the monetary cost per course as specified on the registration form; “Premises” means the premises where the Course takes place; “Unacceptable Behaviour” means being violent, aggressive or a danger or potential danger to himself or any other person; ‘Little Hero Company” means the company or person with whom you have entered into this agreement; “You/Your” refers to any person, company or other legal entity that orders services from us or makes an Order; “We/Our” refers to the Little Hero Company that provides services to You; In this Agreement, except where the context requires otherwise words denoting any gender included all genders and words denoting the singular include the plural and vice versa.
Acceptance of Terms and Conditions
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All agreements relating to the teaching of the Course by the Little Hero Company to the Child are subject to these Terms to the exclusion of all other terms and conditions.
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No variation or addition to the Terms shall be binding unless agreed in writing by Little Hero Company and the Parent.
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The Terms shall be deemed to have been accepted by the Parent upon payment of the Fee by or on behalf of the Parent. Payment by the Carer shall be deemed to have been made on behalf of the Parent.
Order and Cancellation of Order
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The Little Hero Company reserves the right to cancel this Order at any time before the Child commences the Course for any reason whatsoever.
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The Little Hero Company shall not be liable for any loss or damage whatsoever arising from such cancellation.
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In the event of cancellation by the Little Hero Company prior to the commencement of the Course by the Child, the Little Hero Company will refund any fees for outstanding classes within 30 days.
Registration, Fees and Payment
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The Registration Form must be completed and signed by the Parent/Legal Guardian for each child registered.
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The Parent shall pay the whole Fee to Mrs Lucy Cardell by cheque or Bank Transfer. Fees must be cleared prior to the Child commencing the Superhero Training Course.
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A free pre-registration ‘taster’ session is offered for first-time registrations only. Following the taster session the full fee for the remaining sessions in the Course are payable for any Child wishing to register on a Superhero Training Course, as set out above.
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Late registrations are accepted and Course Fee will be calculated on a pro-rata basis.
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The Parent/Carer understands that the Sessions of a Course are to be used consecutively.
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If classes are cancelled as a result of an “Act of God” (e.g. disruption resulting from extreme weather conditions, earthquakes, etc.), strikes, terrorist activity, or where local authorities/public guidance advise that classes should be temporarily suspended for health or other reasons, then no refunds will be given and it will not be permitted to defer classes during the affected period.
Non-attendance
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In cases of non-attendance, the Fee is non-refundable under any circumstances whatsoever.
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There will be no discount or refund for sessions that your Child does not attend for any reason.
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We ask that you do not bring sick children to class. However, absence due to illness can be ‘made up’ at another time in a suitable class whilst you remain registered for Superhero Training, subject to class availability. We cannot offer refunds or credits for illness.
Variation, Cancellation or Withdrawal of Service
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We reserve the right to vary the time, date or venue of a class or to cancel a class due to circumstances.
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In the event of teacher absence or shortage, We reserve the right to change the format or type of your class, as appropriate for your child’s age, without reimbursement.
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In the unlikely event that We have to cancel a class, We will refund to You the price for that Session or offer a credit for a future Session.
Performance
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The Little Hero Company aims to perform its services to a high standard. Please contact us if you have any complaints or suggestions.
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We will use reasonable endeavours to deliver our Services and any agreed or stated time but time is expressly not of the essence under this agreement.
Parent/Guardian/Carer attendance and responsibility
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The Parent/Carer must remain in attendance at all times at any Session or party that your child attends.
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The Parent warrants:
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That the information set out in the Registration Form is accurate in all respects and that the Parent will notify the Little Hero Company any change in such information immediately;
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That when attending the Course, neither the Child, Parent/Carer, nor other attendee in their charge, will be suffering from any contagious illness, disease or anything similar thereto.
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The Parent acknowledges and agrees that the Child, or any other attendee in their charge, shall be deemed to be under the direction, care and control of the Parent or Carer throughout the Course and the Parent or Carer shall be responsible for the welfare and conduct of the Child or other attendee throughout the Course and whilst the Child or other attendee is on the Premises.
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The Parent shall indemnify and keep indemnified the Little Hero Company against all loss (including loss of profit), liability, costs and expenses which the Little Hero Company shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Child or other attendee in their charge.
Behaviour and Discipline
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The Parent/Carer is responsible for the behaviour of their attendees.
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In the event that We determine the behaviour of the Child and/or the Parent/Carer/their attendees to be unacceptable, We shall be entitled to exclude the Child and the Parent/Carer/their attendee (or any of them) from the Course and Premises permanently or for such period as the Little Hero Company shall (in its entire discretion) determine.
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In such circumstances, without prejudice to Our other rights and remedies, You must still pay to Us the full Price for the Order and we will have no responsibility for any losses or costs to You or any attendee for incomplete performance of the Service.
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You are responsible for the suitability of premises at which Parties are held and for any liability relating to the use of those premises.
Personal Property and Belongings
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All property and belongings of attendees remain at all times the responsibility of the attendees. We accept no responsibility or liability for any loss or damage, no matter how caused to Your property or belongings or those of attendees.
Photography and Video Recording
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The use of any photographic or recording equipment by Parents/Carers at the Courses is not permitted.
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The Little Hero Company will only allow Photographic records and / or video recordings that are arranged by the Little Hero Company.
Confidentiality
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You and We will treat all information received from or created for each other marked “CONFIDENTIAL” or reasonably obvious to be confidential as we would treat our own confidential information.
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All information gathered via the registration and consent form is for the sole purpose of the management of programmes only, and will not be available to anyone for any other use. You may request to view the information provided at any time. Should contact details change, please advise the Little Hero Company as soon as possible.
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The Parent and/or Carer agrees to keep the content of the Little Hero Company Course and the Superhero Training Programme confidential and not to copy or use any aspect of the Little Hero Company Course and Training Programme directly or indirectly. The Parent and/or Carer agrees not to directly or indirectly manage, operate or assist in the organisation of any business which competes with the Little Hero Company while the Child is registered with the Little Hero Company and for a period of two years afterwards.
Situations beyond reasonable control
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Neither party shall be liable for any delay or failure to meet its obligations under this agreement (other than a payment obligation) due to any actual cause or situation (or one which the party reasonably believes is imminent) outside its reasonable control, which it must notify to the other party as soon as possible.
Exclusion of Liability
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Except in the case of fraud and subject to clause 40 below, the Little Hero Company, its servants, employees or agents accept no responsibility under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Parent, the Child or any other party arising directly or indirectly or in any way connected with the attendance of the Child at the Course (or any part of it) or any other act or omission on the part of the Little Hero Company or any of its employees or agents even if such act or omission is negligent.
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The Parent agrees (for and on behalf of the Parent and the Child) that any claim by the Parent or the Pupil against the Little Hero Company or any employee or agent of the Little Hero Company must be brought within 60 days of the event that gave rise to such claim. Any claim made thereafter shall be time-barred.
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The Parent acknowledges, warrants and undertakes (for and on behalf of the Parent and the Child) that the maximum aggregate liability of the Little Hero Company to the Parent and/or Child under these terms shall not exceed the Fee.
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All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Little Hero Company, its servants, employees or agents or affects the statutory rights of the Parent or Child.
General
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This agreement applies to the exclusion of any other terms or subject to which the Order is made or purported to be made by You.
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We may sub contract, assign or transfer this agreement, our obligations or rights to a competent third party or associate company in whole or in part. You may not assign or transfer any of your rights or obligations without our written consent.
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This agreement set out the entire understanding of the parties with respect to their subject matter and replace any prior agreements or understandings or representations (unless fraudulent). All warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
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This agreement does not confer benefit on any third party and excludes the contracts (rights of third parties act 1999).
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If any provision of this agreement is illegal, invalid or unenforceable, the validity or enforceability of any other provision of this agreement shall not be affected.
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This agreement is governed by English law and is subject to the exclusive jurisdiction of the English courts.