Terms & Conditions

1.
Definitions
 
1.1 Student means the person referred to on the enrolment form.
1.2 Enrolment Form means the form relating to the enrolment of the Student on the Course.
1.3 Course means a series of art classes taught by Canít Draw! or by such person as Canít Draw! directs in such format as Canít Draw! shall from time to time determine.
1.4
Fee means the amount payable for the Course or tuition as specified on the occasion.
1.5 Contract means any Contract between the Student and Canít Draw! in respect of the Studentís attendance on a Course or tuition, incorporating these Terms.
1.6 Terms means these Terms and conditions and any special Terms and conditions agreed in writing by Canít Draw!
1.7 Premises means any building from which Canít Draw! operates the Courses.
1.8
Canít Draw! means the series of specialized art Courses and tutorials devised and delivered by Chrissy Thirlaway or any other person designated by Chrissy Thirlaway from The Studio, 214 Acre Lane, London SW2 5UG.
 
2.
Acceptance of Terms and conditions
 
2.1 These Terms are the Terms and conditions upon which the Student is accepted on a Course by Canít Draw!
2.2 The Terms may be amended from time to time by Canít Draw! Such amendments shall be advised to the Student in writing.  No variations or addition to the Terms shall be binding unless agreed in writing.
2.3
The Terms shall be deemed to have been accepted and agreed to by the Student upon payment of the Fee or upon the Student attending the Course whichever is earlier.
 
3.
Fee and Payment
 
3.1 Payment in full of the Fee shall be due by the Student to Canít Draw! prior to the Student commencing the Course.  Fees for ongoing individual tuition are payable on a four weekly basis in advance.
3.2 Fees are non-returnable.
3.3 Individual tuition is subject to four weeks notice.  Any absence by the Student within that period is liable to the full session Fee unless notice is given within three days when half the session Fee is liable.
3.4 Any increase in Fees decided by Canít Draw! will be effective at the beginning of the next term period with at least 28 days notice.
3.5
Fees are payment for tuition and additional charges for materials used will be charged separately.
 
4.
Cancellation
 
4.1 Canít Draw! may cancel the Contract in its absolute discretion at any time before the Student commences the Course for any reason whatsoever.  Canít Draw! shall not be liable for any loss, damage or expenses whatsoever arising from such cancellation.
4.2
In the event of cancellation by Canít Draw! prior to the commencement of the Course by the Student, Canít Draw! will refund any Fee paid.
 
5.
Studentís Responsibility
 
5.1 The Student warrants and represents that the information set out on the enrolment form is accurate in all respects and that the Student will notify Canít Draw! of any change of such information immediately.
5.2 The Student undertakes to comply with all health and safety rules and procedures which may be in place at the Premises.
5.3
The Student shall indemnify and keep indemnified Canít Draw! against all loss (including loss of profit), liability, costs and expenses which Canít Draw! shall incur directly or indirectly as a consequence of any act or omission by the Student.
 
6.
Discipline
 
6.1 The Student acknowledges and agrees that the Student will be respectful and
considerate towards the tutor, other Students and the physical environment whilst on the Premises.
6.2
In the event that Canít Draw! in its sole and absolute discretion determines the behaviour of the Student to be unacceptable,  Canít Draw!  shall be entitled to exclude the Student from the Course and Premises permanently or for such period as Canít Draw! shall in its absolute discretion determine and in such circumstances the Fee will not be refunded.
 
7.
Exclusions of Liability
 
7.1 Canít Draw! warrants that (subject to the other provisions of these Terms) the Contract will be performed by Canít Draw! using reasonable skill and care.
7.2 If Canít Draw!ís performance under the Contract does not conform with the warranty in clause 7.1, Canít Draw! shall refund the Fee or such part of the Fee as Canít Draw! considers reasonable in its sole and absolute discretion.
7.3 If Canít Draw! complies with clause 7.2, it shall have no further liability for a breach of the warranty in clause 7.1.
7.4 All other warranties, conditions and other Terms implied by statute or common law are, to the fullest extend permitted by law, excluded from the Contract.
7.5 Nothing in these Terms excludes or limits the liability of Canít Draw! for death or personal injury caused by its teachers, employees or agents;  fraud, fraudulent misrepresentation or for any matter which it would be illegal for Canít Draw! to exclude or attempt to exclude its liability.
7.6 Subject to the provisions contained in this clause 7, Canít Draw!, its teachers, employees or agents shall not be liable for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Student or any other party arising directly or indirectly or in any way connected with the attendance of the Student on the Course including but not limited to, the unavailability of the tutor, the postponement or cancellation of the Course (or any part of it) or any other act or omission on the part of Canít Draw! or any of its tutors, employees or agents even if such act or omission is negligent.
7.7
Subject to the provisions contained in clause 7.5 the Student acknowledges that the maximum aggregate liability of Canít Draw! to the Student under these Terms shall not exceed the Fee.
 
8.
General
 
8.1 Any notices to be sent by either party to the other shall be made directly by email or telephone or delivered by hand or post.
8.2 Whilst Canít Draw! takes reasonable steps to ensure the accuracy of material produced for publicity and during the Course, some details may subsequently become inaccurate and such material is not intended to form part of the Contract.
8.3 Whilst Canít Draw! believes that the Terms are fair and reasonable, if any provision contained within them or any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and or the Contract shall continue in full force and effect.
8.4 These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties.  It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is not contained herein shall be binding or form part of the Contract.
8.5 The parties do not intend that any term of the Contract will be enforceable by virtue of the Contracts (rights of third parties) Act 1999 by any person who is not a party to it.
8.6 The failure of Canít Draw! to exercise or enforce any right under the Contract shall not be deemed to be a  waiver of that right nor operate to bar the exercise of enforcement of it at any time or times thereafter.
8.7 The Contract shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English courts.
   

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