By enrolling your child at Big Mouth Theatre, you accept these terms and conditions ("Terms & Conditions") and sign your agreement to them as an ongoing agreement between you and Big Mouth Theatre ("Agreement").
The Agreement is made between the parent/guardian ("Parent", "you" or "your") of each enrolled student ("Student") by a Parent and Big Mouth Theatre Limited ("Big Mouth Theatre", "we", "our", "us") (trading as Big Mouth Theatre) and is valid at all times whilst the Student is enrolled on any Big Mouth Theatre activity and until such time as written notice is given in accordance with these Terms & Conditions.
1.1 These Terms & Conditions apply to all our Big Mouth Theatre Schools, Classes, Holiday Workshops/Camps and any additional products and/or services offered by Big Mouth Theatre and/or its group of companies in the future for any Student.
1.2 For participation of a Student in a Big Mouth Theatre Activity all Parents are required to consent to these Terms & Conditions by signature and/or by ticking the acceptance box for these Terms & Conditions when submitting an electronic application form online. We may update these Terms & Conditions from time to time.
1.3 If you are an existing Parent of Big Mouth Theatre please read these amended Terms & Conditions carefully. Unless you contact us within fourteen (14) calendar days of receipt of these new Terms & Conditions, they shall supersede and extinguish all previous agreements between us and shall govern the contractual relationship between us going forwards. Your continued enrolment of a Student in Big Mouth Theatre shall be deemed as acceptance of these Terms & Conditions and willingness to be bound by the same.
1.4 Any changes to these Terms & Conditions require the written consent or approval of Big Mouth Theatre.
1.5 A "Class" refers to classes offering tuition, which will be delivered during the Term (including online activities). Classes will take place once per week for a certain number of hours, as detailed at the time of booking.
1.6 "Drama Camp/Holiday Workshop" refers to a one-off Classes (including online activities) offering tuition in dance, drama, singing and/or other performing arts related activities which will be delivered for a certain number of hours per day for a period of between one (1) and five (5) consecutive days and can run at any time throughout the year.
1.7 "Program" refers to one (1) project spread over eighteen (18) weeks of Big Mouth Theatre weekend schools during which classes are run.
1.8 "Term" refers to one normal academic term of Big Mouth Theatre schools during which classes are run.
1.9 "Term Dates" refers to the dates for the relevant Term.
1.10 “Online Activity” refers to online streamed lessons and online Workshops utilising the Zoom platform, either delivered by a Big Mouth Theatre. See section point 8.7.
2. ENROLLING A NEW STUDENT IN A BIG MOUTH THEATRE ACTIVITY
2.1 To apply for a place for a new Student on a Big Mouth Theatre Activity, the Parent must agree to these Terms & Conditions and submit an application form online.
2.2 Each Student's place is allocated on a 'first come, first served' basis. Applications must be accompanied by the appropriate joining fee, as set out for each new Big Mouth Theatre student.
2.3 If Big Mouth Theatre is unable to accept the Student due to capacity reasons, the Student may, at the Parent's discretion, be placed on a reserve list. Before a Student is placed on a reserve list, the manager shall inform the Parent whether (i) the monies will be retained by Big Mouth Theatre whilst the Student is on the reserve list, or (ii) the monies will be refunded to the Parent and that the Parent may be required to repay the Deposit or Class at a later date if a place is confirmed. If the Parent does not wish for the Student to be placed on a reserve list any monies shall be refunded. In any event payments shall always be refunded within fourteen (14) days of informing the Parent that the payment is refundable for capacity reasons.
2.4 From the date monies are paid, you have a thirty (30) calendar day cancellation period ("Cancellation Period") to change your mind and cancel the Student's place at Big Mouth Theatre, subject to clauses 2.6 and 2.7 below. Club members have a seven (7) day cancellation period.
2.5 After the Cancellation Period expires, payments are non-refundable and will be retained by Big Mouth Theatre.
2.6 If a Big Mouth Theatre Class has finished before the Parent notifies Big Mouth Theatre of their desire to cancel, then the subscription/payment is not cancellable or refundable.
2.7 If a Big Mouth Theatre Activity falls within the Cancellation Period and some of the sessions of the Big Mouth Theatre Activity have been delivered before the Parent, within the Cancellation Period, notifies Big Mouth Theatre of their desire to cancel, then the initial payment will be refunded in proportion to the number of sessions delivered.
2.8 Times, current Term Dates, fees and all relevant Classes details for booked Big Mouth Theatre Activities will be confirmed in the Acceptance Email for each Big Mouth Theatre Activity, along with a receipt for payment.
2.9 All such terms and conditions are detailed upon signup and are readily available via the Company website. The Acceptance shall be incorporated into the Agreement and shall be deemed to have been accepted by the Parent upon payment by, or on behalf of, the Parent.
2.10 Fees for Big Mouth Theatre Activities may vary between Big Mouth Theatre schools and locations.
3. BALANCE PAYMENTS
3.1 For a Student enrolled with Big Mouth Theatre, monthly subscriptions are debited on the first (1st) of every month. The full fees are paid in advance for Clubs.
3.2 For a Student enrolled on a Holiday Camp, following the Deposit to Big Mouth Theatre, Parents are required to make a subsequent monthly payments or the outstanding balance due to Big Mouth Theatre (the "Balance").
3.3 The following payment methods are offered: Debit / credit cards (not including American Express).
3.4 Failure of payment within the allotted time of ten (10) days after payment was initially due, an additional late fee of twenty five pounds (£25.00) will be owed.
3.5 Big Mouth Theatre Class payments are evenly spread over each Program. Thirty six (36) face-to-face sessions per academic year are split into two (2) Programs, totalling eighteen (18) sessions in each Program:
1, X6 Winter Program payments from 1st September - 28th February.
2, X6 Summer Program payments from 1st March - 31st August.
4.1 A Big Mouth Theatre school may, at its discretion, offer the second child of the same family attending a sibling discount of up to fifteen percent (15%) on Classes fees. This discretionary sibling discount will only apply if Big Mouth Theatre is notified of the sibling relationship at the time of the trial period. Only one discount may apply against the Classes fee for an individual child at any one time.
4.2 Once enrolled on a Classes, Term Dates for the next Term will be made known to Parents in writing at the end of the current Term.
4.3 If a Classes session falls on a bank holiday then a replacement class will also be added onto the end of the current Term timetable or the subsequent Term.
4.4 Unless Big Mouth Theatre is otherwise notified in writing by you before the end of the twelfth (12th) week of the Program (Big Mouth Theatre) / two (2) weeks before the end of a half term for Clubs, a Student is automatically re-enrolled onto the Classes for the following Program, month or Term.
4.5 If no cancellation is made in accordance with clause 4.4 and you do not wish a Student to be re-enrolled onto the following Term or Program of the Classes, then you will remain liable for half of the full Program/Term fees in respect of the next Program/Term, regardless of attendance of the Student.
4.6 Payment and/or account set up is due before the start date of the Term or Program, subject to any alternative payment agreements you may have with management.
4.7 Big Mouth Theatre reserves the right to restart subscription payments should monies owed fall into arrears through alternate payment methods.
5. CLASSES TRIAL PERIODS
5.1 Where a new Student is attending a Class for the first time, subject to availability, Big Mouth Theatre allows a two (2) session trial period ("Trial Period") so that the Student may try the first two (2) sessions of the Classes. The Trial Period only applies to Big Mouth Theatre Weekend Classes for new Students and the two (2) trial sessions must be taken consecutively within the first four (4) weeks of the start of the Term or Program.
5.2 You may cancel the Classes within five (5) calendar days after the end of the Trial Period and if any additional fees were paid then Big Mouth Theatre will refund the Balance to you within fourteen (14) calendar days of your cancellation.
5.3 Once you have notified Big Mouth Theatre that you wish to cancel, the Student may no longer attend the Classes.
5.4 If no cancellation is made in accordance with clause 5.2, the Agreement for the Classes will continue for the duration of the Term or Program and, unless written notice is provided to Big Mouth Theatre by the Parent before the end of the twelfth (12th) week of the Program (Big Mouth Theatre) / two (2) weeks before the end of a half term for Clubs, the Agreement will automatically renew for the following Term's Classes in accordance with clause 4.4.
5.5 For the avoidance of doubt, if you do not choose to exercise your right to cancel in accordance with clause 4.4 & 5.2 and the Student later wishes to stop attending the Classes during the Term or Program, then Big Mouth Theatre is unable to provide refunds and the outstanding balance for the Term or Program remains due. Notice for cancellation will take effect from the start of the next Term or Program.
6. WORKSHOPS & HOLIDAY WORKSHOPS/CAMPS
6.1 Parents should contact their local Big Mouth Theatre school to confirm if it is organising Workshops and/or Holiday Workshops/Camps.
6.2 Dates and times of Workshops and Holiday Workshops/Camps are released in advance on the Big Mouth Theatre website.
6.3 For the avoidance of doubt, the Trial Period detailed in sections 3 and 4 above do not apply to Workshops or Holiday Workshops/Camps.
6.4 If you cancel a Student's place on a Holiday Workshop/Camp or Classes outside of the Cancellation Period and within fourteen (14) calendar days of the commencement of the Holiday Workshop/Camp or Classes, the Deposit will be retained by Big Mouth Theatre and you will be required to pay fifty percent (50%) of the balance of the fees for the Holiday Workshop/Camp or Classes.
6.5 If you cancel a Student's place on a Holiday Workshop/Camp or Classes outside of the Cancellation Period and within seven (7) calendar days before the commencement of the Holiday Workshop/Camp or Classes, the Deposit will be retained by Big Mouth Theatre and you will be required to pay the full balance of the fee.
6.6 Please note that clauses 6.4 and 6.5 above are subject to your statutory cancellation rights as set out in clause 2 of these Terms and Conditions.
7. USE OF PERSONAL INFORMATION
7.2 Big Mouth Theatre owns all the rights, title and interest in and to its websites, including software, text and media and its trade marks, logos and brand elements. Nothing within these Terms & Conditions affects or licences the ownership of these rights. Any intellectual property created during any Classes, Workshop or Holiday Workshop/Camp is owned by Big Mouth Theatre.
8. HEALTH AND SAFETY
8.1 Students participate at their own risk and are obliged to inform Big Mouth Theatre and its staff of any existing injuries or medical condition. All application forms must have any known medical conditions stated and any changes to such information must be notified to Big Mouth Theatre immediately in writing.
8.2 If you are unsure whether a Student should participate in any activity please consult the Student's GP before enrolling the Student on a Big Mouth Theatre Activity.
8.3 Any medication left on the school premises must be clearly labelled and the Student should, unless Big Mouth Theatre has agreed in writing otherwise, be able to administer it themselves.
8.4 Students must wear suitable footwear and clothing at all times, including Big Mouth Theatre uniform for all Classes.
8.5 If a Student is unwell or has an accident requiring emergency treatment, the Parent will be contacted via the emergency contact details provided below or on the enrolment form. This number must always be contactable whilst the Student is attending the Big Mouth Theatre Activity.
8.6 Parents/guardians are solely responsible for ensuring that the emergency contact details on Big Mouth Theatre's records are up to date.
8.7 All online activities are recorded and held for a period of four weeks for safeguarding and quality review purposes.
9. PERSONAL PROPERTY
9.1 Students are obliged to take care of their own belongings. Big Mouth Theatre can accept no liability for lost or damaged belongings.
9.2 You acknowledge that the maximum aggregate liability of Big Mouth Theatre to a Student or Parent under these Terms & Conditions shall not exceed the Big Mouth Theatre Activity fee to which a claim relates.
9.3 The liability of Big Mouth Theatre and that of its staff is restricted to class time only and then only to gross negligence.
10.1 Big Mouth Theatre may, at its own discretion, refuse a Student entry to a Big Mouth Theatre Activity or session of a Big Mouth Theatre Activity if it is felt that the Student's behaviour is unacceptable.
10.2 Big Mouth Theatre reserves the right to make changes to the timetable, the teaching staff, the advertised programme or the programme delivery mechanism (for clarity this may mean that we switch to online zoom classes) in the event of illness or other circumstances beyond our control.
10.3 Where a session of a Big Mouth Theatre Activity has to be cancelled by Big Mouth Theatre, Managers will give as much notice as possible. In the event of a last minute session cancellation, you will be notified by email, text message, a call to your mobile phone or through a designated Big Mouth Theatre social media site. Parents must ensure that they provide the company with up-to-date contact details.
10.4 In the event of a Big Mouth Theatre Activity being cancelled, Big Mouth Theatre will provide substitute lessons where possible either at an alternative time, venue or online. If no alternative can be offered, Big Mouth Theatre will provide refunds for lessons that are unable to be fulfilled.
10.5 It is occasionally necessary to change the time and/or venue of a Big Mouth Theatre Activity session. This will only be done if absolutely necessary and Big Mouth Theatre will do its best to keep class times, programme delivery mechanisms and/or locations as similar as possible but unfortunately this cannot always be guaranteed.
10.6 In the event that a Student is unable to attend a Big Mouth Theatre Activity session, due to sickness, holiday or a decision by the Parent or Student not to attend, Big Mouth Theatre regrets that it is unable to refund any payment.
10.7 All Students must be collected on time after a session. Big Mouth Theatre is unable to supervise Students after a session and consistent late collection will result in additional charges.
10.8 Big Mouth Theatre Activity fees are reviewed annually and may be increased each year.
10.9 These Terms & Conditions, together with any Fee Note or Acceptance Letter, constitute the entire agreement between the parties which supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.10 In the event that one or more of the provisions of the Agreement are found to be unlawful or otherwise unenforceable, those provisions shall be deemed severed from the remainder of the Agreement.
10.11 The Agreement shall be governed by, and construed in accordance with, the laws of England and Wales and any dispute, proceedings or claim shall fall within the jurisdiction of the English courts.