BOOKING TERMS AND CONDITIONS FOR ALL CLASSES

Your Contract

Please read the following Terms and Conditions before proceeding with your booking. By proceeding with your booking, you are agreeing to these terms and conditions. Your agreement is with the individual Musical Minis franchisee (“Franchisee”) providing these classes and services and not with Musical Minis Ltd ) (‘us’ or ‘we’). We reserve the right to amend these terms and conditions at any time without notice.

Under the Contracts (Rights of Third Parties) Act 1999, Musical Minis Ltd shall have the right to enforce rights under the contract between you and the Franchisee as if we were a party to that contract.

Payments & Booking Confirmation

• To secure your place in a class, your Franchisee must have received payment by the requested deadline using the payment options accepted. Admission to classes without payment is not permitted.
• Please note that once booking is completed along with the fee indicated, you have opted to secure your place. Once you have completed registration it indicates you have read and agreed to these Terms and Conditions.

Cancellations by you (any class format)

• Franchisees / class leaders are under no obligation to credit or refund payments in the event that your child is unable to attend part, or the entirety, of the classes paid for. The Franchisee regrets that they are not always able to offer an alternative for missed sessions but will endeavour to do so. Wherever possible, please notify the Franchisee or class leader via text, email or Facebook message if your child is unable to attend a session.

Regular Classes

• In the instance that a class venue cannot be used temporarily or the time needs to be changed, the Franchisee will endeavour, where possible, to offer you an alternative venue or time.

One-Off Events

If a one off event is postponed for whatsoever reason, the Franchisee will endeavour, where possible, to offer you an alternative venue or time.

Online Classes

• When partaking in an online class, you alone are entirely responsible for your child who must be supervised by you at all times throughout the class session. Please ensure the following: that your child has a safe area in which to partake in the class as there will be physical movement involved; is dressed appropriately for the session; and that you are aware of internet safety. Neither we nor the Franchisee cannot accept any liability for injury or damage incurred as a result of the classes. Participation in the online class is at your own risk.

Force Majeure Event

• Force Majeure means an event beyond the reasonable control of Musical Minis Ltd or its Franchisees including but not limited to strikes or other industrial disputes (whether involving the workforce of Musical Minis or any other party), failure of a utility service or transport network, act of God, notifiable or new emerging disease, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
• Neither Musical Minis Ltd nor the Franchisee shall be liable to you as a result of any failure to perform its obligations under this Contract as a result of a Force Majeure Event. If the Force Majeure Event prevents Musical Minis Ltd or the Franchisee from providing services, Musical Minis Ltd or the Franchisee shall, without limiting its other rights or remedies and without any liability to you, have the right to terminate classes immediately by giving notice to you by telephone, email, or messaging.

Adverse Weather

• In the case of adverse weather, where a session goes ahead (when the venue has been judged by the class leader to be accessible and safe), neither Musical Minis Ltd nor the Franchisee is under no obligation to credit sessions that you may miss should particular adverse conditions local to you prevent you from attending the session.

Safety

• All participants take part in classes at their own risk. Whilst we take all reasonable steps to make the classes safe, neither the Franchisee nor Musical Minis Ltd can accept any liability for any injury or damage suffered by any participant or any other person in a class.
• It is your responsibility to seek appropriate medical approval regarding any pre-existing medical condition of a participant and to disclose any such condition to us before booking. We do not accept any liability for failure to attend a class arising from the medical condition of any participant.

Video and Photography

• Your permission will be sought if we wish to photograph or video your child’s class, which would then be used by Musical Minis or its Franchisees / class leaders & Musical Minis Ltd for marketing and publicity purposes in any form including social media.
• We do not allow any photographs or videos to be taken during the classes other than by the class leaders themselves or an agent appointed by them, and only when parental permission has been given.
• Online sessions must not be reproduced, recorded, screen-shotted, photographed or reproduced in any other way and such action would be a breach of copyright for which you will be held fully liable.
• Musical Minis Ltd expressly forbids the right to reproduce any part of our lessons in any form for personal or commercial purposes. All music, songs, content and activities in the classes are the Intellectual Property and copyright of Musical Minis Ltd. (other than the mechanical rights to certain songs and music which are held by third parties).
• Anyone suspected of reproducing the lessons in any format and for any purpose of publication will be asked to leave the current and all future sessions. In all instances the decision of the Franchisee / class leader is final.
• All photography, logos and illustrations are the copyright of Musical Minis Ltd. Any scanning or reproduction of any of these without our written agreement will be regarded as being in breach of our copyright for which you will be held fully liable.
• Musical Minis Ltd. or its Franchisees/class leaders cannot be held liable for the actions of third parties, and, therefore excludes to the fullest extent possible by law, any liability arising from a breach of the matters in this section headed ‘Video and Photography’ by any party.

Valuables

• All property (including prams) left in class venues or in entrance halls or outside, is left at your own risk. Musical Minis Ltd., its Franchisees / class leaders do not accept any responsibility for the loss or damage of any personal possessions.

Medical Conditions

• Should you or your child have a medical condition, that could affect you or your child during a class, you should notify the Franchisee/class leader on booking a class. All information will be kept strictly confidential and in line with the General Data Protection Regulation ((EU) 2016/679) (GDPR), the Data Protection Act 2018 and our Privacy / GDPR policy, a copy of which is available upon request. Medical conditions are classed as sensitive data and you will be asked separately for permission to store this data. If given, your permission can be withdrawn at any time by emailing your Franchisee.

Withdrawal of Service & Behaviour Issues

• Franchisees / class leaders may, at his/her own discretion, refuse entry of a customer to the sessions if it is felt that the customer’s behaviour is unreasonable.

Exclusion of Liability

• In the absence of any proven negligence, lack of due diligence or breach of duty by your class leader(s); Musical Minis Ltd; its Franchisees or employees, the participation of you; your child or those in whose care you have placed your child for the purpose of attending or observing Musical Minis classes is done entirely at your and their own risk.

Health & Safety

• The health and safety of children and parents/guardians (where applicable) in our classes are of paramount importance. Your Franchisee / class leader adheres to strict health and safety guidelines.

Illness

• Should your child or the accompanying adult have, or develop, any known or suspected medical condition, especially anything that could be contagious, you must please consult your doctor before coming or bringing them to the session and inform your Franchisee/class leader. All information received is treated with the strictest confidence and sensitivity.
• Parents / guardians are asked to keep their child at home if he/she has any kind of contagious illness. PHE and NHS guidelines must always be followed.

Confidentiality

• You are not permitted to copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Musical Minis Ltd materials in any manner without permission from us as the copyright holders.

Privacy Policy & Data Protection

• Franchisees / class leaders and Musical Minis Ltd will collect, record, process and keep your personal information secure in accordance with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and the Data Protection Act 2018• Please see our privacy policy on the website for more details – https://www.musicalminis.co.uk/privacy-policy/ or ask for a copy.

Responsibility for Child/ren

• You or those in whose care you have placed your child are wholly responsible for your child/ren and must remain with them at all times during classes.
• If you are holding the class in your own home, you accept full responsibility for the health and safety of the environment and must conduct a risk assessment to ensure such safety prior to each class. Classes are conducted in your own home entirely at your own risk.

March 2020