1. 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.
2. 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.
3. DURATION OF CONTACT:
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
Public Schools:-
Term 1 - 11/01/2023 – 24/03/2023
Term 2 - 12/04/2023 – 23/06/2023
Term 3 - 18/07/2023 – 29/09/2023
Term 4 - 10/10/2023 – 30/11/2023
Private Schools:-
Term 1 - 11/01/2023 – 06/04/2023
Term 2 - 03/05/2023 – 08/08/2023
Term 3 - 06/09/2023 – 06/12/2023
4. PAYMENT:
4.1 You shall be liable for an annual admin fee of R50.00 as stipulated in the above enrolment form.
4.2 You are liable to pay for any clothing packs ordered as stipulated in the above enrolment form.
4.3 These amounts will be confirmed via invoice on successful completion of the above enrolment form.
4.4 The annual admin fee is payable by all students in advance and must be paid in full before the Dancer will be allowed to participate in the classes.
4.5 The Dance kits can take up to 3-4 weeks for delivery depending on stock. It is the parents responsibility to contact the franchisee should they not receive the kit within one month after payment. Packs will only be delivered once full payment of the invoice has been made - Fees paid towards will automatically be allocated to outstanding class fees before being allocated to the clothing ordered.
4.6 Fees are as follows and are subject to an annual increase of 10%:
4.6.1. 1-2yrs old & 2-3yrs old (TOTS)—
R1980,00 annually.
R550,00 per term = 3 months.
R220,00 per month over 10 months (20minute class per week, within school terms)
R60,00 per lesson
4.6.2 Grade 000—0—
R2575 annually.
R725,00 per term - 4 terms
R965,00 per term - 3 terms
R290,00 per month over 10 months (30minute class per week, within school terms)
R80,00 per lesson
4.6.3 Grade 1—7—
R2970,00 annually.
R825,00 per term - 4 terms
R1080,00 per term - 3 terms
R330,00 over 10 months (45minute per week, within school terms)
R90,00 per lesson
4.7. PAYMENT OF FEES::
4.7.1 Fees for each term are payable IN ADVANCE via EFT unless otherwise agreed with us. If the “monthly” fee structure is preferred fees will be payable February through November irrespective of holiday months. Mid-term enrolments are charged at a pro-rata rate per lesson of the current term. Monthly fees are also to be paid STRICTLY IN ADVANCE OF THE MONTH!
Monthly and termly fees are worked out from Feb - Nov therefore any classes had in January will be charged for prorate per class as follows:
- 1-2yrs old & 2-3yrs old (TOTS) : R60.00
- Grade 000—0—Public Pre-School : R80.00
- Grade 1-7—Private Primary : R90.00
4.7.2 Dancers who are outstanding monies will not be allowed to participate in weekly class.
4.7.3 You are required to make payment using the correct reference - In failing to do so - we take no responsibility for payments that are not allocated to your dance account.
4.8 ADDITIONAL COSTS:
SHOWCASE:
Dancers in the DM Dance and Ballet program have the OPTION of participating in the annual showcase held in September (Date to be confirmed) There is an entry fee of R350 for dancers to participate and this includes the outfit which the get to keep after the show. This fee will be invoiced to each dancers account on successful entry into the showcase. There will also be spectator tickets available at R150 per spectator, which are ordered through an independent online ticket sales website.
YEAR END FUNDAY / ASSESSMENTS:
Dancers in the DM Dance and Ballet program are required to attend the year end FunDay / Assessment for them to show their families what the have leant. On completion of their presentation they will be awarded with their certificate and medal and parents will receive an online report form after the event.
Dance is a "performing art" and it is vitally important that dancers get the opportunity to perform what they have learnt. This is by no means a "stressful" day for the little ones but rather a FunDay of dancing...
Fees as follows will be invoiced to ALL dancers accounts at the beginning of the 4th Term:
DM Dancers: R200.00
DM Pre-school Ballet Dancers: R200.00
DM Primary school Ballet Dancers: R270.00
The spectator tickets for this event will be sold at the door on the day for R50.00 per person.
DMTOTS BRAG WEEK:
DMTots will be recorded in class and recordings will be sent to the parents to showcase what they have learnt for the year. Dancers will receive their medal and certificate in class. A fee of R150.00 will be invoiced to ALL dancers accounts at the beginning of the 4th Term.
5. OBLIGATIONS:
5.1. We shall provide the Dancer with exposure to stretching, strengthening and proprioceptive skills.
5.2. We shall also introduce the Dancer to a variety of developmental and musical skill in the DMTots program, a variety of dance forms in the DM Program and Ballet in the ballet program.
5.3. We shall teach the Dancer to protect, strengthen and stretch his/her body.
5.4. We shall strive to make the Dancer aware of his/her own body, its limitations and its strengths.
5.5. 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
5.6 We shall provide our instructors with continuous training and development and undertake to upgrade and improve the syllabus every alternate year.
5.7 You will be provided with at least one Dancer update via WhatsApp per term which will keep you informed about assessments and fun days.
5.8 We will correspond with you via WhatsApp and in the event that you change your cell number, it will be your responsibility to ensure that you provide us with an updated number.
6. SERVICES:
6.1 Dance Mouse is not responsible for any orders taken outside the service that Dance Mouse offers. ie: Dvd orders/photographs ordered at performances. This is at your own risk. On signing this form you give permission at your own risk for your dancer/s to have photographs taken or be filmed for videos/TV.
6.2 On agreeing to these terms and conditions you also acknowledge and give permission to be added to WhatsApp groups and for your dancer to be photographed and videos in classes and for these videos and photos to be sent out on a public forum (ie WhatsApp)
6.3 Incorrect names on certificates will not be changed after the deadline date
6.4 Dancers missing more than 5 lessons may not be able to participate in the Showcase/Assessments.
7. COSTS:
7.1 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:
7.1.1 Tracing agent fees (if required);
7.1.2 Fees, disbursements and expenses to which the debt collector is entitled in terms of the Debt Collectors Act;
7.1.3 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.
7.2 In the event you breach any obligation under this agreement and we deem it necessary to engage the services of an attorney to enforce our rights (including the right to receive payment), you shall be liable for:
7.2.1 Tracing agent fees (if required);
7.2.2 The attorney’s costs on an attorney and own client scale;
7.2.3 Collection Commission in the amount of 10% on each instalment paid to the attorney or paid directly to us following hand-over of the matter to the attorney, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
7.3 Our attorney or debt collector (as the case may be) shall on receiving a payment from you, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to us and finally towards the capital amount due to us.
8. 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.
9. 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 R130.00 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.
9.2 I understand that I am fully responsible for my account. I understand that I am given 30 days in which to settle my account.
9.3 Please note that if payment is not made within 90 days, the account will be handed over to our attorneys for collections
9.4 You will be held liable to pay any collection and/or attorney fees on the Attorney Own Client scale.
10. INJURY:
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.
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.
11. 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 21 days written notice as per CPA requirements. Notice may not be given in the last term.
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.
12. 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 re-enrolment will be charged.
13. ASSESSMENTS AND TERMS:
13.1 For DM Tots parents will be invited to the year end "Brag week" to be held during the dancers normal once week class. Dancers will then receive their medal, certificate and and emailed report form. - The additional fee of R150.00 will be added to the dancers 4th term account.
13.2 DM Dancers and Ballet Dancers will participate in the year end FunDay / Assessments at the end of November. Dancers will receive an online report card, certificate and medal. This assessment fee will be invoiced to the dancers 4th Term account.
13.3 Terms for students from Public Schools are as follows: Term 1 – January, February, March; Term 2 – April, May, June; Term 3 – July, August, September; Term 4 – October, November, December.
13.4 Terms for students from Private Schools are as follows: Term 1 – January, February, March, April; Term 2 – May, June, July, August; Term 3 – September, October, November, December.
14. 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 for a Saturday morning or any alternative day which is convenient to us.
15. GENERAL
15.1 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.
15.2 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.
15.3 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.