These Terms & conditions, together with the enrolment form attached to these terms & conditions must be completed in full and returned at dancemousecenturion@gmail.com.
Definitions
In these terms & conditions any reference to:
1.1 “We”, “Us” or “Our” shall mean Dance Mouse Centurion, our employees and our agents.
1.2 “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 & conditions.
1.3 “Dancer” or “Student” shall mean the person indicated as the dancer on the Enrolment Form.
1.4 “Consumer Protection Act” shall mean the Consumer Protection Act, 68 of 2008.
- Duration of contract
2.1 This agreement is valid from date of enrolment and will continue until 31 December of the specific academic year. It being understood that enrolment shall continue for the duration of the agreement until expiry of the specific academic year or such time as due cancellation per the terms provided for in this agreement.
2.2 The Dancer will be required to be re-admitted on an annual basis and be required to pay a Membership Fee. The Dancer will be regarded as automatically having applied for re-admission, save for where due cancellation notice is received.
- Enrolment and Annual Membership Fees
3.1. Upon registration (enrolment) of new students you have the following options:
Option A: A non-refundable registration fee (R300) is payable by new students upon registration. (see addendum A). This option
does not include any clothing. Please note all students (new and existing) are required to complete the Assessment Day in
official Dance Mouse Clothing.
Option B: A non-refundable once-off enrolment package (prices varies with each style). This package includes the registration fee and a dance kit (see addendum A). The Dance kits can take up to 3-4 weeks for delivery depending on stock availability. It is the parent’s responsibility to contact the franchisee should they not receive the kit within one month after payment.
3.2 An annual membership fee (R300) is payable for all existing students from the 2nd year of enrolment (see addendum A)
3.3 The Registration fee OR Enrolment package for new students must be paid in full before the Dancer will be allowed to participate in classes.
3.4 The annual Membership fee for existing students must be paid in full before the Dancer will be allowed to participate in classes at the beginning of the following year.
- Fees, Class Fees & Payments
4.1 Fees are compulsory for all classes, whether attended or not.
4.2 Fees are due monthly, on the 1st day of each month (11 payments per year, 01 Jan – 01 Nov) NO CANCELLATIONS ARE ALLOWED IN THE LAST QUARTER (01 Oct – 01 Dec) OF THE YEAR AND WILL ONLY BE PROCESSED ON 01 DEC. Please note that monthly payment structures differs for the Southdowns and Spark schools due to school specific policies.
4.3 Fees are payable via Electronic Fund Transfer (EFT) only.
4.4 Should fees not be paid timeously, we WILL NOT allow children to dance until accounts are settled in full and paid up.
4.5 10% Discount will be granted for once off annual fee payments. Aforesaid is only applicable towards payments made in January and prior to 15 February only. Should parents wish to settle the annual fee after 15 February, no discount will be granted.
4.6 Should a student enrol during any month of the year, the FULL month will be invoiced for, whether started beginning, middle or end of that month.
4.7 No refunds will be given. This applies to all fees invoiced, including but not limited to Class, Assessment, Clothing or Showcase fees.
4.8 Banking details and unique reference nr will be provided upon request and/or on you first statement.
4.9 In the event that you fail to make payment on the 1st of each month, and we enforce this agreement, you shall be liable for R100.00 administration fee and you will also be charged interest at a rate of 15.5% per year on all fees which are in arrears.
4.10 Please note that if payment is not made within 5 working days of a month, the account will be handed over to our attorneys for collections.
4.11 Dance Mouse Centurion reserves the right to increase fees on a yearly basis.
4.12 Fees are based on 36 classes per annum (excluding holidays / public holidays).
4.13 In the event of the us instructing our Attorneys to take measures for the enforcement of any of our rights (including our right to receive payment) under this agreement, you shall be liable for any costs, including attorney and own client costs, incurred by us due to such breach, including but not limited to tracing agent fees and collection commission.
4.14 From 01 June 2023 we will not receipt any payments mande into the incorrect account or using the incorrect reference nr. Please make use of your unique KDZ nr, located on the top right hand side of your statement. A bank fee of R25 per transaction will be charged to trace any incorrect payment references.
4.15 All payments received will be put towards to oldest debt on the statement.
- Class Attendance
5.1 Fees shall not be reimbursed or reduced as a result of classes not taking place on public holidays or school holidays.
5.2 Fees shall not be reimbursed should a learner be absent for any reason whatsoever.
5.3 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.
5.4 If for any reason whatsoever the instructor cannot attend a class, it will be allowed that the instructor can arrange replacement teacher for that day. Please note all replacement teachers will be Dance Mouse qualified. The school and the parents will be informed if this happens.
5.5 In the event that we are forced to cancel a class, written notice within a reasonable time will be sent out to reschedule the class for an alternative day which is convenient to us. PLEASE NOTE: if the school where your child attends cancel the class for whatever reason it is not our responsibility to make up that lesson.
5.6 Full 12 months are payable even though there will be no classes during school holidays (public schools & private schools).
- Annual Student Assessment
6.1 Assessments shall be carried out once a year.
6.2 Children are required to complete the assessment in their official Dance Mouse Clothing. Please order your clothing timeously. The
cost of clothing is not included in the class fees or assessment fees and need to be ordered at an additional charge. The assessment fee
is an additional cost that will be charged. This excludes children enrolled in the TOTS program
6.3 It is compulsory for all children to be assessed. Children who cannot attend the assessment day will be assessed in class.
6.4 Dance Mouse is not responsible for any orders taken outside the service that Dance Mouse offers. i.e.: DVD orders / photographs ordered at performances. This is at your own risk.
6.5 These fees are to be paid directly to the 3rd party suppliers, and NOT to Dance Mouse Centurion. We will take no responsibility for incorrect payments made into our bank account(s).
6.6 Incorrect names on certificates will not be changed after the deadline date.
6.7 Children enrolled in the TOTS program will receive a compulsory Graduation Kit, which is an additional cost that will be charged.
6.8 Tots Graduation Kit due : 01 Okt
6.9 Assessment Day fee due : 01 June
- Annual Student Showcase
7.1 Participation in the showcase is NOT COMPULSORY.
7.2 A Showcase registration fee will be charged for all students who wish to participate in the annual showcase (see addendum A)
7.3 Ticket fees, show times, DVD & photo costs will be communicated to all participating parents in due time before the date of the event. These fees are to be paid directly to the 3rd party suppliers, and NOT to Dance Mouse Centurion. We will take no responsibility for incorrect payments made into our bank account(s).
7.4 Dance Mouse is not responsible for any orders taken outside the service that Dance Mouse offers. i.e.: DVD orders / photographs ordered at performances. This is at your own risk.
7.5 Dance Mouse Centurion reserves the right to increase showcase fees on a yearly basis.
- Termination & Cancellations
8.1 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.
8.2 Should you wish to terminate/cancel this agreement, you shall be required to give at least 1 (one) calendar month’s written (paid) notice to the ADMIN OFFICE only. No Whatsapp message or messages via teachers is allowed. You will receive a link for an online cancellation form and cancellations will only be processed once all fees are settled and the online form is completed. Cancellations during the 4th Quarter of the academic year is not allowed and will only be processed on 01 December. You will be liable for Quarter 4 fees should you wish to cancel classes.
- Injury
9.1 You understand that the Dancer may be required to physically exert himself/herself.
9.2 You understand that due to the nature thereof, injuries may occur and may vary from being minor to being fatal.
9.3 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.
9.4 You understand that this list of injuries is not comprehensive, but you confirm that you now understand the type of injuries that could occur.
9.5 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.
- Obligation
10.1 We shall provide the Dancer with exposure to the following dance training and dance forms: Ballet Basics, Modern Basics, Body
Conditioning & Pilates technique training, Proprioception skills programme.
10.2 We shall also introduce the Dancer to the following dance genres: Modern, Freestyle, Hip Hop, Rock ‘n Roll, Latin American Basics,
Break Dancing Basics, Tap and Cheerleading.
10.3 We shall teach the Dancer to protect, strengthen and stretch his/her body.
10.4 We shall strive to make the Dancer aware of his/her own body, its limitations and its strengths.
10.5 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.
10.6 We shall provide our instructors with continuous training and development and undertake to upgrade and improve the syllabus every alternate year.
10.7 You will be provided with at least one newsletter per term which will keep you informed about assessments and fun days.
10.8 We will keep you informed about what the teachers are doing in the class with the children and what dances they are learning.
10.9 We will correspond with you via email. In the event that you change your email address or cell phone number, it will be your responsibility to ensure that you provide us with an updated email address and number.
10.10 You will be responsible for using the correct reference number when making EFT payments.
- General
11.1 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.
11.2 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.
11.3 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.
11.4 No modification, alteration or amendment of any provisions (including this clause) contained herein shall be valid or binding unless in writing executed by both parties.
I ___________________________________, the parent of _________________________ have read and accept the above terms & conditions of Dance Mouse Centurion. Signed at _________________________ on this the ________ day of __________________ 20___.
Signature: _________________________________
Whatsapp Group Consent
I, ___________________________________, the parent of _________________________ give consent that my cellphone number may be added to the class Whatsapp Group. I am aware that photos and videos of the children attending the Dance Class will be shared.
Signed at _________________________________________________ on this the ________ day of __________________ 20___.
Signature: _________________________________
POPI ACT AGREEMENT AND CONSENT DECLARATION
YOU HEREBY DECLARE AND CONFIRM THAT YOU, AS THE PERSON/ENTITY/BODY/INDIVIDUAL/COMPANY WHOSE IS PROVIDING INFORMATION AND HEREINAFTER COLLECTIVELY REFERRED TO AS THE “CLIENT”, DO HEREBY IRREVOCABLY AGREE AND UNDERSTAND THAT ANY/ALL INFORMATION SUPPLIED OR GIVEN TO THE SERVICE PROVIDER, IS DONE SO IN TERMS OF THE BELOW TERMS AND CONDITIONS AND IN TERMS OF THIS AGREEMENT AND CONSENT DECLARATION.
_________________________________________
(“THE SERVICE PROVIDER/COMPANY”)
- INTERPRETATION
1.1 In this Agreement, unless inconsistent with or otherwise indicated by the context –
1.1.1 “This Agreement” means the Agreement contained in this document;
1.1.2 “The Company/Service provider” means Dance Mouse Centurion and includes its affiliated, holding and subsidiary companies;
1.1.3 “Confidential information” includes, but is not limited to:
1.1.3.1 any information in respect of know-how, formulae, processes, systems, business methods, marketing methods, promotional plans, financial models, inventions, long-term plans and any other information of the client and the company in whatever form it may be;
1.1.3.2 all internal control systems of the client and the company;
1.1.3.3 details of the financial structure and any other financial, operational information of the client and the company; and
1.1.3.4 any arrangements between the client and the company and others with whom they have business arrangements of whatsoever nature, all of which the client and the company regards as secret and confidential.
1.1.4 “ personal information” means personal information as defined in the Protection of Personal Information Act adopted by the Republic of South Africa on 26 November 2013 and includes but is not limited to:
1.1.4.1 information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
1.1.4.2 information relating to the education or the medical, financial, criminal or employment history of the person;
1.1.4.3 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
1.1.4.4 the biometric information of the person;
1.1.4.5 the personal opinions, views or preferences of the person;
1.1.4.6 correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
1.1.4.7 the views or opinions of another individual about the person; and
1.1.4.8 the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
1.1.5 “the effective date” means the date of signature of this Agreement’;
1.1.6 “the parties” means the parties as described hereinabove;
1.1.7 “divulge” or “make use of” means to reveal, make known, disclose, divulge, make public, release, publicise, broadcast, communicate or correspond or any such other manners of divulging of any information.
1.1.8 ‘‘processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal or any information, including but not limited to :
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of information.
1.1.9 “POPI” means the Protection of Personal Information Act adopted by the Republic of South Africa on 26 November 2013 and as amended from time to time.
WHEREAS IT IS AGREED THAT
All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulation and only for the purpose of providing the Services set out in the agreement to provide services.
The company (also called the service provider), all the parties to this agreement, the service provider’s employees and the client’s employees and any subsequent party/parties to this agreement acknowledge and confirm that
- One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.
- Such information may be deemed as the private, confidential or as personal information in so far as it relates to any party to this agreement.
- Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.
- Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain.
For purposes of rendering services on behalf of the client, the service provider and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia and shall mean inter alia:
(a) all information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;
(b) where applicable, any and all data and business information;
(c) where applicable the parties may have access to data and personal and business information regarding clients, employees, third parties and the like including personal information as defined in POPI regulation; and
(d) trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider, or any third party associated with this agreement and (including, without limitation, all products information, technical knowhow, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.
By signature hereunder, all parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as you irrevocably agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by the service provider and such use may include placing such information in the public domain. Further it is specifically agreed that the service provider will use its best endeavours and take all reasonable precautions to ensure that any information provided, is only used for the purposes it has been provided.
It is agreed that such information may be placed in the public domain and by signature hereunder, all parties acknowledge that they have read all of the terms in this policy and that they understand and agree to be bound by the terms and conditions as set out in this agreement.
It is confirmed that by submitting information to the service provider, irrespective as to how such information is submitted, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.
SHOULD YOU NOT AGREE TO THE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT AND CONSENT DECLARATION YOU MUST NOTIFY THE SERVICE PROVIDER IMMEDIATELY FAILING WHICH IT WILL BE DEEMED THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET OUT ABOVE
- Once you receive your statement, please make payment & use your unique KDZ number as reference