- These terms and conditions and the enrolment form to which these terms and conditions are attached must be completed in full and returned to our offices.
- 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.
- 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: 2023 Term 1: Term 2: Term 3: Term 4:
- Payment
4.1 You shall be liable for a non-refundable enrolment fee (depending on the Dancer’s age).
4.2 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.
The Dance kits can take up to 3-4 weeks for delivery depending on stock. It is the parent’s responsibility to contact the franchisee should they not receive the kit within one month after payment.
4.3 Fees are as follow & are subject to an annual increase of 10%:
4.3.1 Fees structure: ________________
4.3.2 Fees for each term are payable in advance by 1st of every term via EFT unless otherwise agreed with us.
4.3.3 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..4 In the event that we agree to receive your payment by cash or cheque, please leave in the school office or in the
Dance Mouse box.
- Obligations
5.1 We shall provide the Dancer with exposure to dance training and a various list of dance forms.
5.2 We shall also introduce the Dancer to most genres. For the comprehensive list, please contact your franchise owner.
5.3 We shall teach the Dancer to protect, strengthen and stretch his/her body.
5.4 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.
- Services
6.1 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.
6.2 Incorrect names on certificates will not be changed after the deadline date
- Costs
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.
- 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.
- 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 R120.00 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.
- Liability indemnity:
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, and covid-19 transmission.
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.
- 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 at least 1 (one) full terms written notice of your intention to do so.
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.
- 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 R80.00 (eighty rand) re-enrolment will be charged.
- Assessments and Terms
13.1 Assessments shall be carried out in November and Dancers will receive a report card, certificate and medal.
13.2 An additional fee will be payable for assessments together with your 3rd term fees. An Annual increase is applied to the assessment fee. Term dates will be communicated to parents.
- 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 on any alternative day which is convenient to us & the your school.
15 Covid-19 compliance
15.1 Dance Mouse trainers have undergone covid compliance training and are certified to practice. If your dancer displays any symptoms as listed by the Health Department, we have an obligation to inform their teacher/school and request that your child be isolated until you are contacted. Should our trainers display any symptoms, they will not be allowed to teach until tested and/or isolated. All these measures are in place to protect your child.
- PAIA & POPI Act
16.1 Your personal information remains safe and will not be distributed to third parties. Your written permission will be requested before an image or video is used for social media.
- General
16.1 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.
16.2 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.
16.3 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.