Terms & Conditions

MY BABY CAN DANCE (East and West Yorkshire) TERMS & CONDITIONS

Welcome to My Baby Can Dance - Let the fun begin!

Here are our Terms & Conditions: You are joining a world of fun, learning & laughter and so that we are all Singing from the same 'Song Sheet' our T's&C's are here to guide us all.

Covid-19 has had an impact on everyone, therefore, extra measures have been put in place for peace of mind. My Baby Can Dance Ltd has taken onboard the governments recommendations and therefore making My Baby Can Dance Ltd Covid-19 Compliant.

YOUR CONTRACT is between Sam Owen-Smith (Franchise Owner) at My Baby Can Dance East and West Yorkshire, this will also include Newborn Can Dance Classes. My Baby Can Dance Ltd reserves the right to change these terms and conditions at any time without notice. Under the Contracts (Rights of Third Parties) Act 1999, My Baby Can Dance Ltd shall have the right to enforce our rights under the contract between us as if it was a party to that contract.

BOOKING A CLASS Our classes run based on half terms within the academic school year and dates published are available from your class leader, they are also published on social media (http://www.Facebook.com/MyBabyCanDanceSelbyGooleandSurroundingareaswww.facebook.com/MyBabyCanDancePontefractandWakefield www.facebook.com/MyBabyCanDanceBrough) and www.mybabycandance.com . When you sign for a term with My Baby Can Dance, dates and times are clearly marked on the booking site or with your class leader. Near to the end of a term you will be sent details on how to rebook and you will be sent a link to rebook via Class For Kids. This will include dates, times and cost. If you have any questions relating to rebooking please contact Katherine Peak on 07714210814 or email katherinembcd@gmail.com. Your statutory rights are not affected.

FEES Fees are paid in half or block terms, in advance and charged at the rate shown on the booking systems or online as published at the time of booking. Cash payments maybe made by arrangement for holiday classes or parties (not class fees) and must be in an envelope clearly marked. Fees from time to time may be subject to increase.

CHANGING CLASS TIME AND VENUE Class sizes may vary from season to season, therefore on some occasions it may become apparent that we must merge a class or split a class to function in the best way possible. If a class merger, time change or venue change needs to occur, we will endeavour to give you as much notice as possible. Should you wish to change a class time then we will do our best to accommodate you, however we cannot guarantee this.

REFUNDS AND CANCELLATIONS The right to cancel under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to My Baby Can Dance Ltd. However, if you are a brand new customer with My Baby Can Dance Ltd, you may cancel your first contract within 7 days of your booking date and we will part refund your money minus a £12 cancellation administration fee. As a My Baby Can Dance client you may cancel your booking up to and before the start of your 2nd week. My Baby Can Dance East and West Yorkshire will refund the unused balance of your half term fees minus a £12 cancellation administration fee. Thereafter, My Baby Can Dance is under no obligation to refund any part of the course fee. My Baby Can Dance is under no obligation to refund your money in the event that you are unable to attend part or all of the classes within the half term.

If a class venue cannot be used for a length of time, we will try to reschedule your class where possible. My Baby Can Dance is not responsible for any travel expenses incurred. In the event that My Baby Can Dance must cancel a class, we will reschedule the class. Where this is not possible we will issue a refund within 7 working days for the remainder of the term. (Except in the instance of an unprecedented case).

In the case whereby we need to roll on classes after the half term has officially ended or seek to provide a class when venue availability is denied, then we may need to seek an online solution, for example online with ZOOM. This will be at My Baby Can Dance’s discretion. You will be given a code and password and asked to join a meeting. Your class fee will cover this method of class delivery. Should you not choose to join a meeting, the class will not be refunded.

EVENTS BEYOND ALL CONTROL Things that happen beyond all reasonable control of My Baby Can Dance including but not limiting to strikes or other industrial disputes(whether involving the workforce of My Baby Can Dance or any other party), failure of a utility service or transport network, act of God, notifiable disease, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown or plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

My Baby Can Dance shall not be liable to the Customer as a result of any failure to perform its obligations under this Contract as a result of an event beyond the reasonable realms of control. This is called a Force Majeure. In a case of Force Majeure My Baby Can Dance will inform clients in writing including email or text.

ADVERSE WEATHER My Baby Can Dance is under no obligation to refund classes that may be missed due to localised adverse weather conditions when the venue and its environment are deemed safe and accessible and classes are being delivered. We regret that we are unable to offer a refund or rescheduling of a class in the event of adverse conditions local to your area preventing you from attending a running class.

SAFETY All participants take part in classes at their own risk. Whilst we take all reasonable care to make the classes safe, neither us or My Baby Can Dance 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 condition of a participant and to disclose any such condition to us before booking. Neither us or My Baby Can Dance accept any liability arising from the medical condition of any participant.

PHOTOGRAPHY and MOVING IMAGES

My Baby Can Dance Ltd Photography and Moving Images policy is very inclusive. We want you to enjoy the day you came to My Baby Can Dance and remember the treasured memory that the class gave you. However, it is important to remain sensitive to others and not take or share photos or moving images with the face of another child without first seeking permission from the legal guardian. We must all respect the rules regarding social media. If you are politely asked to stop excessive filming the word of the Leader in charge is final.

If you persist in taking unreasonable amounts of film you may be asked to leave the term and you will not receive a refund. Anyone deemed suspicious of filming continually or photographing the classes for any purpose for publication or commercial use, will be asked to immediately stop filming and leave the remainder of the term, your fees will not be refunded. My Baby Can Dance Ltd forbids the right to reproduce any or part of our classes in any form on or off the internet. My Baby Can Dance Ltd class music uploaded onto social media must not exceed 10 seconds due to copy-write law. If you wish to 'opt out' having your child photographed please inform you class leader in the first instance at booking stage. On occasion, My Baby Can Dance would like to take photographs and moving images. These images may be used for the purposes of Social Media, DVDs, Training and Development or general promotion purposes. My Baby Can Dance will seek your appropriate permission on several individual occasions for this purpose.

In the case of training and development, filming may occur during a class and focus mainly on the leader at the front. You can be reassured that this filming will be used solely for development, examinations, observations and training.

My Baby Can Dance cannot be held liable for the actions of 3rd parties and therefore excludes to the fullest extent possible, by law, a liability arising from a breach of this section PHOTOGRAPHY AND MOVING IMAGES by any party.

REMOVAL OF A CHILD My Baby Can Dance on extreme rare occasion may refuse entry to a legal guardian with a child to its classes if it is felt that the client's behaviour or the behaviour of those associated with the client is unreasonable, a refund will not be possible. The leader’s decision is final but we will always try to work with a family and offer support where appropriate.

LEADERS On a rare occasion that your usual class leader is not available a suitable substitute may be brought in. Unfortunately, we cannot give advance warning when this will happen, but we will if we can. We may need to do this in order to maintain our Customer Service Excellence.

LIABILITY Although all franchises are vetted thoroughly, My Baby Can Dance Ltd accepts no liability for the actions or omissions of the franchisee, its employees, agents, officers or subcontractors and you shall have no claim against My Baby Can Dance Ltd in any circumstances for any loss or damage suffered by you as a result of an act or omission of the franchisee.

EXCLUSION OF LIABILITY In the absence of any proven negligence, lack of due diligence or breach of duty by the leaders My Baby Can Dance Ltd, its franchisees or employees, the participation of you, or anyone with responsibility whatsoever for the purposes of attending My Baby Can Dance is done so entirely at your and their own risk.

LOST PROPERTY Remember to take your things home with you. We will try to return your property back to its rightful owner but My Baby Can Dance Ltd cannot take responsibility for any money or valuables left behind after a class and neither of us shall have any liability for lost or stolen items.

GDPR We will process your personal information in accordance with the Data Protection Act 1998 and GDPR. We will not share or sell your personal information. We would like to keep you informed about classes and future events. By booking with My Baby Can Dance you give us permission to keep you informed. If you would like to opt out please contact www.mybabycandance.com and complete an online form or contact the Franchisee leader in charge.

VENUE POLICY You must adhere to the rules of the venue that you are attending. This also means that you are responsible for removing clinical waste in line with our Covid Compliance. You must take home nappies and used wipes, disposable cups etc.

COVID COMPLIANCE

My Baby Can Dance will endeavor to follow up to date Government guidance in relation to current Covid regulations. It is preferred that all adults attending are doubly vaccinated or twice weekly lateral flow testing to help prevent the spread of the Coronavirus.

Hand sanitiser on entry and exit for everyone, NHS Covid-19 App QR code scan. If required by governance a 2m social distance for adults will be reinstated as required, children under 6 years do not need to social distance. Adults may wear a face mask or visor by personal preference, unless you are exempt.  (If necessary Children will receive individual Kit Prop Bags) otherwise play equipment will receive highest levels of cleaning. In some venues it is required for everyone to remove shoes on entry to the room. There will be dedicated pram areas allocated. One way systems will be in place, wherever possible.

GENERAL Leaders on occasion will come into physical contact with your child and participants and you accept and acknowledge this. If a participant or any other attendee is unduly disrupting a class, for any reason including aggressive behaviour, biting, scratching, hitting or any other means of continuous disruption, we reserve the right to require them to leave the class. No fees will be refunded.

GOVERNING LAW These terms and conditions shall be governed by English Law and any dispute arising from these terms and conditions shall be subject to the exclusive jurisdiction of the English Courts.

CHANGES TO TERMS AND CONDITIONS On occasion My Baby Can Dance Ltd may change the terms and conditions by updating these terms. You will be able to read them on our website at www.mybabycandance.com or on our Class For Kids booking site.

Updated 014/09/2021