Terms and Conditions
Étude Xpress
1. Applications
1.1. You agree to pay an Assessment Fee of £100 (the “Assessment Fee”) when you submit your Application.
1.2. We will consider your Application and, acting in our sole discretion, will decide whether you are eligible to attend the Étude Xpress (“EX”). If we decide you are not eligible, the Assessment Fee will be refunded to you. If you are successful with your Application, the Assessment Fee will be offset against your fees for EX.
1.3. You have fourteen (14) days from the day after you paid your Assessment Fee to cancel your application and receive a full refund of all monies paid. If EX takes place within this fourteen (14) day period, the cancellation period ends when EX starts. You must inform us in writing if you wish to cancel.
1.4. You agree to pay the balance of £1000 within forty-eight (48) hours of receiving notification that you have been successful in your Application.
Introduction To Method Acting Boot Camp
1. Applications
1.1. You agree to pay an Assessment Fee of £100 (the “Assessment Fee”) when you submit your Application.
1.2. We will consider your Application and, acting in our sole discretion, will decide whether you are eligible to attend the Introduction Method Acting Boot Camp (“Boot Camp”). If we decide you are not eligible, the Assessment Fee will be refunded to you. If you are successful with your Application, the Assessment Fee will be offset against your fees for the Boot Camp.
1.3. You have fourteen (14) days from the day after you paid your Assessment Fee to cancel your application and receive a full refund of all monies paid. If the Boot Camp takes place within this fourteen (14) day period, the cancellation period ends when the Boot Camp starts. You must inform us in writing if you wish to cancel.
1.4. You agree to pay the balance of £545 within forty-eight (48) hours of receiving notification that you have been successful in your Application.
Ultimate Acting Programme
1. Auditions
1.1. You agree to pay an Audition Fee of £395 (the “Audition Fee”) when you submit your Application.
1.2. You have fourteen (14) days from the day after you paid your audition fee to cancel your application and receive a full refund. If the audition takes place within this fourteen (14) day period, the cancellation period ends when the audition starts. You must inform us in writing if you wish to cancel.
1.3. If you are shortlisted for Audition, you agree to attend at the Audition Venue on the Audition Date and at the Audition Time detailed on the course page to perform an audition (“Audition”) for us. If you are not shortlisted for Audition, we will refund your Audition fee.
1.4 We will consider your Audition and, acting in our sole discretion, will decide whether you are eligible to attend the Ultimate Acting Programme (“Programme”). If we decide you are not eligible, the Audition Fee will be refunded to you. If you are successful at audition, the audition fee will be offset against your fees for the Programme.
2. Enrolling On The Programme
2.1. If, in accordance with sub-clause 1.3, we consider you eligible to attend the Programme, you may sign up to the Programme. If you wish to sign up to the Programme you must pay an Initial sign up fee of £6,975 (“Sign Up Fee”) within seven (7) working days following your acceptance on the Programme.
2.2. In consideration for you paying the Sign Up Fee in accordance with sub-clause 2.1, we will enrol you on the Programme.
2.3. By paying the Sign Up Fee and enrolling on the Programme you agree:
2.3.1. to pay us a tuition fee of £635 (“Tuition Fee”) on the first day of the month in which the Course Start Date falls and on the first day of each subsequent calendar month for eleven (11) months. Each Tuition Fee is to be paid in consideration for us providing the Programme up until the next Tuition Fee is due. The total price for the Programme is £14,990 (this comprises the Audition Fee, the Initial Fee and twelve (12) payments of Tuitions Fees) (“Price”).
2.3.2. to attend the scheduled classes (the “Scheduled Classes”) as per the course webpage and a showcase (“Showcase”) on the last month of the course;
2.3.3. to do a minimum of one hour a day of homework and meet with a partner a minimum of once a month to work on a scene, as directed by us, outside of the Scheduled Classes. It is essential that you complete the tasks and exercises we set in order to progress your ability in line with the Programme;
2.4. When enrolled on the Programme should you:
2.4.1. be late three (3) times;
2.4.2. fail to meet your partner and work on a scene in-between the Scheduled Classes on any two (2) separate occasions;
2.4.3. threaten the health or safety of any individual involved in the Programme
then we reserve the right to remove you from the Programme immediately without incurring any liability to you. For the avoidance of any doubt, should we remove you from the Programme in accordance with this sub-clause 2.4, no refund of any fees will be paid to you.
3. Non-Payment
3.1. Should you fail to pay any Tuition Fees by the due date for the same, you may be suspended from the Programme. During any period of suspension you will not be able to attend any Scheduled Classes or otherwise take part in the Programme.
3.2. Should any payment of the Tuition Fees be overdue by more than 21 days, then we reserve the right to remove you from the Programme without incurring any liability to you. For the avoidance of any doubt, should we terminate this agreement in accordance with this sub-clause 3.2, no refund of any fees will be paid to you.
4. Health and Safety
4.1. You acknowledge and agree that the Programme is a method acting course. As such, you acknowledge and agree that you may be required to relive real life events and to recall strong emotional memories. You confirm that you are mentally and physically able to perform these activities.
5. Use of Personal Information
5.1. You accept that we will collect personal information about you to enable us to provide the Programme. You agree that we may also use your name and/or image (as captured in photographs and/or recordings) for marketing the Programme and/or us.
5.2. You agree to ensure we have up-to-date contact details for you at all times.
6. Intellectual Property
6.1. You acknowledge and agree that all copyright and other intellectual property rights in any course materials we provide in connection with the Programme remain our property and that the same are only licensed to you to use on a non-exclusive, royalty free, non-transferable basis in connection with the Programme.
6.2. You acknowledge and agree that from time to time photographs and/or recordings (for example, sound and/or film) (“Recordings”) of your work, testimonials, activities and/or performances conducted in connection with the Programme (the “Work”) may be made by and/or authorised by us and these Recordings may be used by and/or authorised by us for marketing the Programme and/or us.
6.3. You hereby consent to us enjoying the irrevocable, royalty-free worldwide right to use and reproduce (howsoever we wish) all or any part of the Work including the right to undertake any of the acts for which a performer’s consent is required pursuant to Part II of the Copyright, Designs and Patent Act 1988, and any amendment or re-enactment thereof and/or pursuant to any equivalent legislation or rights in any other territory of the world, including without limitation the right to:
6.3.1. alter, adapt or make additions or deletions to all or any part of the Work at our sole discretion; and
6.3.2. make, distribute, exploit and/or authorise the making, distribution and/or exploitation of any recording and/or fixation of all or any part of the Work for any and all media and by any manner or means whether now known or subsequently invented and all related marketing materials and advertisements.
6.4. You hereby waive absolutely all your moral rights arising under Part I, Chapter IV of the Copyright, Designs and Patents Act 1988 and, so far as you are legally able, any equivalent rights you may have in any other territory of the world.
7. Warranties
7.1. We give no warranties, representations or assurances that any or all of the Scheduled Classes will take place at the Programme Venue and on the scheduled Dates. We reserve the right to change the Venue where the Programme takes place and the Dates when the Programme takes place. If we do change the Programme Venue and/or the scheduled Dates, we will endeavour to ensure that the alternative venue is in the same city, and we will provide you with notice of the same.
7.2. We reserve the right to change the Programme tutor. If we do change a tutor, we will provide you with notice of the same.
8. Limitation of Liability
8.1. To the fullest extent permitted by law, we hereby expressly exclude:
8.1.1. all conditions, warranties and other terms implied by statute, common law or otherwise;
8.1.2. all liability (however arising, including liability in tort (including negligence), breach of contract or otherwise), even if foreseeable, suffered by any person or legal entity directly or indirectly in connection with these terms and conditions or the Programme, for any:
8.1.2.1. loss of income or revenue;
8.1.2.2. loss of business;
8.1.2.3. loss of opportunity;
8.1.2.4. loss of profits or contracts;
8.1.2.5. loss of anticipated savings;
8.1.2.6. loss of data;
8.1.2.7. loss of or damage to reputation or goodwill; or
8.1.2.8. wasted management and/or staff and/or office time;
in each case whether direct, indirect, special and/or consequential loss or damage; or
8.1.2.9. for any other indirect, special and/or consequential loss or damage.
8.2. Our total liability in contract, tort (including negligence and breach of statutory duty), misrepresentation and/or otherwise arising under or in connection with this agreement shall be limited to the amount of the Price paid by you to us.
8.3. Notwithstanding the above, nothing affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
9. Termination
9.1. Without prejudice to any other rights or remedies which we may have, we may remove you from the Programme without liability to you immediately on giving notice to you if:
9.1.1. you commit a material breach of any of the terms and conditions (if such a breach is remediable) fail to remedy that breach within thirty (30) days of that party being notified in writing of the breach;
9.2. acknowledge and agree that any breach of clauses 1, 2, 4, 6 or 7 shall constitute a material breach for the purposes of this clause 9.
9.3. on termination for any reason, the accrued rights and liabilities of both you and us as at termination and the continuation of this clause 9 and clauses 5, 6 and 8 shall not be affected.
Online Courses
1. Access
1.1. You agree to pay a Fee (the “Fee”) to access the Online Courses.
1.2 You have fourteen (14) days from the day after you paid your Fee to cancel and receive a full refund of all monies paid. If you choose to access the Online Courses within this fourteen (14) day period, the cancellation period ends when you access the Online Courses. You must inform us in writing if you wish to cancel.
General
1. Intellectual Property
1.1. You acknowledge and agree that all copyright and other intellectual property rights in any course materials we provide in connection with the Programme, the Boot Camp, the Live Seminar and the Online Courses remain our property and that the same are only licensed to you to use on a non-exclusive, royalty free, non-transferable basis.
1.2. You acknowledge and agree that from time to time photographs and/or recordings (for example, sound and/or film) (“Recordings”) of your work, testimonials, activities and/or performances conducted in connection with the Programme, the Boot Camp, the Live Seminar and the Online Courses (the “Work”) may be made by and/or authorised by us and these Recordings may be used by and/or authorised by us for marketing the Programme, the Boot Camp, the Live Seminar and the Online Courses and/or us.
1.3. You hereby consent to us enjoying the irrevocable, royalty-free worldwide right to use and reproduce (howsoever we wish) all or any part of the Work including the right to undertake any of the acts for which a performer’s consent is required pursuant to Part II of the Copyright, Designs and Patent Act 1988, and any amendment or re-enactment thereof and/or pursuant to any equivalent legislation or rights in any other territory of the world, including without limitation the right to:
1.3.1. alter, adapt or make additions or deletions to all or any part of the Work at our sole discretion; and
1.3.2. make, distribute, exploit and/or authorise the making, distribution and/or exploitation of any recording and/or fixation of all or any part of the Work for any and all media and by any manner or means whether now known or subsequently invented and all related marketing materials and advertisements.
1.4. You hereby waive absolutely all your moral rights arising under Part I, Chapter IV of the Copyright, Designs and Patents Act 1988 and, so far as you are legally able, any equivalent rights you may have in any other territory of the world.
2. Health and Safety
You acknowledge and agree that the Programme, the Boot Camp and the Live Seminar is a method acting course. As such, you acknowledge and agree that you may be required to relive real life events and to recall strong emotional memories. You confirm that you are mentally and physically able to perform these activities.
3. Use of Personal Information
3.1. You accept that we will collect personal information about you to enable us to provide the Programme, the Boot Camp and the Live Seminar. You agree that we may also use your name and/or image (as captured in photographs and/or recordings) for marketing the Programme, the Boot Camp, the Live Seminar and the Online Courses and/or us.
3.2. You agree to ensure we have up-to-date contact details for you.
4. Warranties
4.1. We give no warranties, representations or assurances that any or all of the Scheduled Classes will take place at the Programme, the Boot Camp and the Live Seminar Venue. We reserve the right to change the Venue where the Programme, the Boot Camp and the Live Seminar takes place. If we do change the Programme, the Boot Camp and the Live Seminar Venue we will endeavour to ensure that the alternative venue is in the same city, and we will provide you with notice of the same.
4.2. We reserve the right to change the Programme, the Boot Camp and the Live Seminar tutors. If we do change a tutor, we will provide you with notice of the same.
5. Limitation of Liability
5.1. To the fullest extent permitted by law, we hereby expressly exclude:
5.1.1. all conditions, warranties and other terms implied by statute, common law or otherwise;
5.1.2. all liability (however arising, including liability in tort (including negligence), breach of contract or otherwise), even if foreseeable, suffered by any person or legal entity directly or indirectly in connection with these terms and conditions or the Programme, for any:
5.1.2.1. loss of income or revenue;
5.1.2.2. loss of business;
5.1.2.3. loss of opportunity;
5.1.2.4. loss of profits or contracts;
5.1.2.5. loss of anticipated savings;
5.1.2.6. loss of data;
5.1.2.7. loss of or damage to reputation or goodwill; or
5.1.2.8. wasted management and/or staff and/or office time;
in each case whether direct, indirect, special and/or consequential loss or damage; or
5.1.2.9. for any other indirect, special and/or consequential loss or damage.
5.2. Our total liability in contract, tort (including negligence and breach of statutory duty), misrepresentation and/or otherwise arising under or in connection with this agreement shall be limited to the amount of the Price paid by you to us.
5.3. Notwithstanding the above, nothing affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
6. Force Majeure
We shall have no liability to you under these terms and conditions if we are prevented from or delayed in performing our obligations under these terms and conditions by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorist action, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, other extremely adverse weather conditions or default of us or our subcontractors.
7. Waiver
Unless specifically provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.
8. Governing Law and Jurisdiction
These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these terms and conditions or their subject matter or formation (including non-contractual disputes or claims) and the parties irrevocably submit to the exclusive jurisdiction of such courts.
9. Complaints Handling Policy
We are committed to providing an excellent service to all our students and we have a Complaints Policy to ensure that all complaints are handled as efficiently and effectively as possible. As a student of ours you are entitled to make a complaint to us. The following outlines our policy for the handling of verbal and written complaints.
Handling Your Complaint
- Upon receiving your complaint, we will acknowledge your matter via telephone or in writing within three working days of receiving it.
- We will then investigate your complaint and keep you informed of the progress of your complaint, proposed actions and the expected timeframe for resolution.
- Our aim is to resolve complaints in a timely manner and we will generally resolve a matter within 5 working days.
Company Details
Brian Timoney Actors Studio Limited
Sopher and Co, 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire, WD6 1JD
Registered company number 6720704
Company VAT number 940763614
Telephone 0208 906 6899
Email [email protected]