Bonny Snowdon Academy

Terms for the Provision of Art Tutorial Services

1. These terms and conditions

1.1. What these terms cover. These are the terms and conditions govern how we will provide our services to you. 

1.2. Why you should read them. Please read these terms carefully before you submit an order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss. 

2. Information about us and how to contact us

2.1. Who we are. We are Bonny Snowdon Academy Ltd, a company registered and incorporated in England and Wales. Our company registration number is 13500111 and our registered office is at Unit 15 Runwell Hall Farmhouse, Hoe Lane, Rettendon, Essex, England, CM3 8DQ ("we", "us", "the Academy").

2.2. How to contact us. You can contact us by writing to us at [email protected].

2.3. How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order. 

2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Defined Terms 

3.1. In these terms and conditions the following words or phrases shall be deemed to have the definitions as detailed below: 

"Ignite Membership"	means the subscription membership which grants members access to the Platform, Online Tutorial Services, Academy social media groups and other training resources as determined by the Academy from time to time;
"In-Person Events"	means any event held, hosted or organised by or in collaboration with the Academy that Members and/or other individuals can attend in-person;
"Intellectual Property Rights"	patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
"Member"	means any individual with an active Ignite Membership or Plus Membership, or any individual who is enrolled in a workshop or course;
"Online Tutorial Services"	means the provision of online training services, delivered via live video session or otherwise recorded and made available to Members on the Platform and/or via YouTube;
"Personalised Critique"	means the provision of assessment services designed to evaluate the competency, knowledge and skill in an individual's artwork;
"Platform"	has the meaning given at clause 9.1;
"Plus Membership"	means the subscription membership which grants members access to the Platform, Online Tutorial Services, Academy social media groups and other training resources as determined by the Academy from time to time as well as access to workshops and courses and other perks as decided by the Academy from time to time;

4. Our contract with you 

4.1. How we will accept your application. Our acceptance of your application will take place when we write to you to tell you that your place on a workshop or course has been confirmed, or that your Ignite or Plus Membership has been accepted, at which point a contract will come into existence between you and us (in these terms, we will refer to that date as your "Joining Date"). You will then be entitled to access Member privileges, such as access to your chosen workshop or course, entry to live sessions and/or access to the Platform, subject to the rights and restrictions attaching to the class of membership you applied for. For information about booking In-Person Events please see clause 10.

4.2. If we do not accept your application. If we are unable to accept your application, we will inform you of this and will not charge you. This might be because of lack of capacity on your chosen activity, because a credit reference we have obtained for you does not meet our minimum requirements, because in our reasonable opinion you would not be a suitable candidate for membership, or because we have identified an error in the price or description of the service you were offered. 

4.3. Your membership. Your membership is personal to you and you cannot let any other person use your membership, or give your membership to any other person unless we agree in writing. If you want to transfer your membership permanently to another person, you should ask us in writing. We will not necessarily agree, but we will consider your request fairly. Any proposed replacement Member would need to give us the same types of information you gave us on joining, and they would need to agree to these terms. If we agree that you can transfer your membership to that other person, we will inform you in writing. In this circumstance, you will need to pay a reasonable administrative charge to deal with our costs of transferring your membership. 

5. Membership criteria

5.1. We will only accept applications from people who are 16 years old or older. You agree that the information you gave us as part of the application process is correct.    

6. How long your membership will last

6.1. Your membership will start on your Joining Date. Unless clauses 12 or 13 below apply, the contract between us will last as follows:

6.1.1. if you chose a monthly Ignite Membership, your membership will last at least one (1) calendar month from your Joining Date (for example if your Joining Date is 5 January, your membership will last until at least the 5 February) and if you chose an annual Ignite Membership or a Plus Membership, your membership will last at least one (1) calendar year from your Joining Date (for example if your Joining Date is 5 January, your membership will last until at least the 5 January the following year) (each referred to in these terms as the "Initial Fixed Term"). You cannot cancel your membership during the Initial Fixed Term;

6.1.2. at the end of your Initial Fixed Term, unless your membership has ended in accordance with clauses 12 or  13 below, then it will be renewed for another period the same length as the Initial Fixed Term (the "Subsequent Fixed Term"). The same renewal process will apply at the end of any Subsequent Fixed Term, so there will be successive Subsequent Fixed Terms until either you or we end your membership in accordance with clauses 12 or  13 below;

6.1.3. if you attend a workshop or course outside of an Ignite or Plus Membership, you shall be provided with a link from which you can access the relevant course materials; 

6.1.4. where your contract with us relates only to an In-Person Event, the contract between us will come into force on the date we accept your booking and receive your Deposit in accordance with clause 11 below, and will last until the end of your In-Person Event, unless clauses 12 or 13  below apply. 

7. Fees

7.1. Fees. On your Joining Date you must pay for your chosen workshop or course in full, or for your membership fees by paying in advance for the Initial Fixed Term. Information about which payment option applies to you and the amount of your membership fees was as specified to you during the membership application process. Information about payment for In-Person Events can be found at clause 11.

7.2. Subsequent Fixed Term fees. If relevant, we will continue to charge you the membership fee during any Subsequent Fixed Term. We will charge you again on each anniversary of your Joining Date for your full membership fees for each Subsequent Fixed Term. Unless you tell us otherwise, we may charge this subsequent payment directly to any of the credit or debit card which you have provided us with details of or via PayPal or Stripe as selected by you as part of the membership application and payment process, and by accepting these terms you authorised us to do so. We will give you reasonable notice in writing before making such an advance charge for any Subsequent Fixed Term. Your membership fees will be payable whilst your membership continues regardless of whether or how much you use the services offered by us.  

7.3. We will pass on changes in the rate of VAT. If the rate of VAT changes whilst you are a member, we will adjust the rate of VAT that you pay, and this will result in a change to your membership fees.

7.4. When we can change your membership fees. We can increase your Ignite or Plus Membership fees at any time for any reason stated in clauses 15.2below by giving you at least 30 days' notice in writing. If you do not want to pay the higher membership fee, you can cancel your contract by giving us notice to cancel (in accordance with clause 12.1.3 below) at any time before the increase in membership fees comes into force. If you give us notice to cancel, until that notice of cancellation takes effect, you will continue to be charged the previous membership fees. If you are still in your Initial Fixed Term, any notice of cancellation you give following a proposed increase in membership fees will not take effect until end of your Initial Fixed Term, but we will honour the previous membership fees until the end of your Initial Fixed Term. 

7.5. Repayment of pre-paid fees. Subject to clause 12.5, if you end your membership for any of the reasons set out in clauses 12.1, 12.2, or 12.3 during a period in which you have paid membership fees in advance, then we will refund you for the membership fees which relate to any period after the contract has ended. 

8. Your obligations

8.1. Your conduct. You agree that you will comply with the membership rules of conduct set out at clause 8.2 below whilst using our services. You also agree that you will abide by such reasonable additional rules specific to an event or session as may be displayed on the website, the Platform or notified to you from time to time, and agree to abide by such additional instructions as may be reasonably specified by the Academy. 

8.2. Rules of conduct. You agree that you will:

8.2.1. co-operate with us in all matters relating to your chosen course, workshop or membership;

8.2.2. show consideration for other members, Academy staff and representatives;

8.2.3. not use abusive or foul language;

8.2.4. comply with clause 9 when booking or attending any In-Person Event;

8.2.5. not behave in a way that is violent or threatening to any other member, Academy staff or representatives;

8.2.6. not distribute, sell, copy, modify, supply, alter, adapt, supply, translate, amend, incorporate, merge, or otherwise alter any content or learning resources provided to you in connection with a workshop, course or membership;

8.2.7. not attempt to remove or alter any logo, watermark, trademark, trade name, copyright, or other proprietary notification or marking affixed to or embedded in any Academy content or pass off any Academy services, content or learning resources as your own;

8.2.8. not use any Academy content or resources in any way except for your own personal, non-commercial use;

8.2.9. the Academy gives permission to sell your rendition of a tutorial and to create prints/merchandise unless specifically specified otherwise, you may not license any work created through a tutorial; 

8.2.10. not enter your rendition of any artwork created under Academy instruction in a competition or exhibition, these entries should be your own original works, excepting the Academy's own exhibition;

8.2.11. if posting creative work produced under Academy instruction you will credit the Academy, tutor and if relevant the photographer who produced the original image which inspired your artwork; and

8.2.12. keep Platform login details and password securely and not allow your Platform login details to be used by any other person.

8.3. Members who also teach art classes. The Academy welcomes members who lead art classes or tutor art students and acknowledges that some members may start to teach or tutor after their Joining Date. To ensure we maintain a positive learning environment, all members who also tutor must:

8.3.1. refrain from promoting their own courses or services during any In-Person Events, Online Tutorial Services or any other session hosted by the Academy; 

8.3.2. not use the Platform or any Academy social media platform to advertise or promote their own courses, services or content;

8.3.3. refrain from critiquing other members' work or progress or from offering unsolicited teaching or instruction;

8.3.4. refrain from using images of your rendition of a project or tutorial under Academy instruction to market your business, or use images of your rendition to market your teaching business or to use as an example in your art classes;

8.3.5. agree that for the duration of their membership and for a period of 6 months after the termination of their contract they will not attempt to solicit or recruit students from the Academy community for their own courses or services.

8.4. If you are a member who also teaches art classes, by agreeing to these terms and conditions you agree that each of the covenants in clause 8.3 is considered fair and reasonable. If any such restriction shall be found to be unenforceable but would be valid if any part of it were deleted or the period or area of application reduced, the restriction shall apply with such modifications as may be necessary to make it valid and effective.  Failure to comply with clause 8.3 may result in termination and potential legal action to protect the Academy's business interests.

8.5. Where any member who teaches art gains a new client or student from the Academy community as a result of breaching their responsibilities under clause 8.3, the teaching member shall pay the Academy, as liquidated damages, £1,000. We estimate that this is a reasonable and proportionate pre-estimate of our anticipated loss. 

9. The Platform

9.1. Where deemed necessary we shall grant you access to a hosted platform from which you shall access your membership privileges (the "Platform"). To access the Platform you will need to provide your name and email address.

9.2. We do not guarantee availability of the Platform. The Platform may be inaccessible from time to time due to routine maintenance, analysis and improvement and may in some instances be replaced by alternative communication and delivery methods.  

9.3. Prior to accessing the Platform, you shall ensure that your network and systems comply with any relevant specifications provided by us from time to time. You shall ensure that your use of the Platform does not cause or introduce any virus, intrusion or other problem to the Platform.

9.4. We shall at any time be able to suspend your access to the Platform if you do not pay your fees in accordance with clause 7 or if you contribute to an environment not conducive to learning or otherwise creates undue disruption, or fail to comply with the rules of conduct at clause 8.2

10. Intellectual Property Rights

10.1. The Academy will retain ownership of any Intellectual Property Rights in any material, course content, documentation and any know how relating to the same or the services offered by the Academy created by it.

10.2. All Intellectual Property Rights in or arising out of or in connection with workshops, courses, Online Tutorial Services and otherwise (other than Intellectual Property Rights in any artwork created by you) shall be owned by the Academy.

10.3. For the avoidance of doubt, your membership does not grant you ownership of any Intellectual Property Rights in the Academy's materials. You are not permitted to use, reproduce, share, or redistribute any of the material, course content, documentation and any know how relating to the same or the services offered by the Academy created by it.

10.4. Whenever requested to do so by the Academy and in any event on the termination of the contract, you will promptly deliver to the Academy all correspondence, documents, papers and materials on all media (and all copies or abstracts of them), recording or relating to any part of the services delivered by the Academy in your possession.

11. In-Person Events

11.1. This clause 11 relates to In-Person Events and shall apply to any individual booking and/or attending any In-Person Event. 

11.2. When we use the term "the Booking Form" we mean the form giving details of your event which you submitted.

11.3. When we use the phrase "your Booking" we mean the request made by you to book onto an In-Person Event, as reflected in your Booking Form.

11.4. How we will accept your Booking. Our acceptance of your Booking will take place when we write to you to tell you that your Booking has been accepted, and when we have received payment from you for the In-Person Event in cleared funds (i.e. if you have paid by cheque or bank transfer, the money must have cleared into our account), at which point a contract will come into existence between you and us. Until that point, no booking will be made and the intended place for the In-Person Event may be booked by someone else. 

11.5. If we do not accept your Booking. If we are unable to accept your Booking, we will inform you of this and will not charge. This might be because of lack of capacity at the In-Person Event, because in our reasonable opinion you would not be a suitable attendee, because we have identified an error in the price or description of the In-Person Event, because you have previously been banned from attending our events or because the prices we offer have changed since you submitted your Booking Form. 

11.6. The Booking Form. We rely on the contents of the Booking Form to plan how we will staff and cater the Event. It is important that the information you gave in the Booking Form is complete and accurate, and you agree that it is. 

11.7. Your Booking. If accepted by us, your Booking is personal to you and you cannot give or transfer the Booking to anyone else unless we agree in writing. If you want to change your Booking, you should ask us in writing. We will not necessarily agree, but we will consider your request fairly. 

11.8. We will pass on changes in the rate of VAT. If the rate of VAT changes before the Event, we will adjust the rate of VAT that you pay, and this will result in a change to the price that you will pay.

11.9. Conduct at the In-Person Event. You agree that you will comply with such reasonable rules specific to conduct at the relevant venue as may be displayed in the venue from time to time, and agree to abide by such additional instructions as may be reasonably specified by staff at the venue on a case by case basis. You agree that you will be liable to us in the event that you cause damage to the venue or our property whilst attending the In-Person Event.  

11.10. General rules. You agree that you will:

11.10.1. show consideration for other attendees and staff at the venue;

11.10.2. only access those areas of the venue’s premises that are allocated to your In-Person Event and publicly accessible areas such as the venue entrance, parking and restrooms;

11.10.3. not use abusive or foul language;

11.10.4. not behave in a way that is violent or threatening to any other attendee or the staff of the venue;

11.10.5. not bring, use or be under the influence of illegal drugs in any part of the venue’s premises;

11.10.6. not be drunk in or about the venue’s premises; and

11.10.7. not behave in an anti-social or disruptive manner, including but not limited to inappropriate or threatening behaviour, damage to or misuse of equipment or any part of the venue or inappropriate sexual activities.

11.11. If in our reasonable opinion you breach these general rules, we will be entitled to eject the relevant person from the In-Person Event, and this will not be a breach of the contract by us. 

11.12. Third Party Suppliers. We will use third party suppliers to provide services to you at In-Person Events (for example for venue hire, food and beverages, or otherwise). Any third party supplier will have adequate public liability insurance. 

11.13. Dietary requirements. You must notify us of your specific dietary requirements and/or allergies in advance of your selected In-Person Event. We shall endeavour to cater to your requirements, but we are unable to guarantee that we will be able to cater to your specific requirements.

12. Your rights to end the contract 

12.1. we tell you that we are making a material change to your membership under clause 15.3 and you reasonably consider that the change is materially detrimental to you;

12.1.2. we tell you that we are making a material change to a workshop or course that we have not yet issued to you and you reasonably consider that the change is materially detrimental to you;

12.1.3. we tell you that we are increasing your membership fees under clause 15 and you don't want to pay the increased fee;

12.1.4. we commit a serious breach of any provision of these terms;

12.1.5. you are likely to be unable to use your membership, by reason of a serious injury or illness, for a period of at least two months (and you are able to provide reasonable evidence of this to us, such as a doctor's certificate); or

12.1.6. your financial situation becomes materially worse than it was at your Joining Date, so that continued membership is unaffordable for you (and you are able to provide reasonable evidence of this to us).

12.2. Where you are outside the Initial Fixed Term. You may end the contract between us by giving us not less than 30 days' written notice, such notice ending at the expiry of any Subsequent Fixed Term. 

12.3. Your right to cancel the contract. If you submitted your membership application either online, by email or over the telephone (but not if you joined at one of our In-Person Events), you can cancel your membership within 14 days of your Joining Date (referred to as the "cooling off period") without giving a reason. If you want to exercise this right to cancel, please let us know in one of the following ways:

12.3.1. By email. Email us at [email protected]. Please provide your name, home address and details of your membership. 

12.3.2. By post. Use the model cancellation form available at www.bonnysnowdonacademy.com and post it to us at the address on the form or simply write to us at that address, including the information required in the form. 

12.4. In-Person Events. Please note that the 14-day cooling off period does not apply to In-Person Events. 

12.5. Effect of cancellation. If you cancel during the cooling off period, we will refund all payments received from you. If you have used any of our services during the cooling off period we will make a reasonable deduction from any refund we give you to reflect your use of the services during the cooling off period.

13. Our rights to end the contract

13.1 We may end the contract if you break it. We may end the contract and your membership immediately at any time by giving you notice in writing if: 

13.1.1. you commit a serious breach of any provision of these terms (including in particular the conduct rules set out at clause 8 or 9);

13.1.2 you commit frequent or repeated breaches of these terms, even if each one may by itself seem minor (including in particular the conduct rules set out at clause 8 or 9);

13.1.3. you fail to make a payment due under these terms when it is due, although we will give you seven days to correct this first; or

13.1.4. we reasonably believe that your continued membership poses a risk to the safety or mental or physical wellbeing of other members or our staff.

13.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any membership fees you have paid in advance but we may deduct (or charge you additionally) for any reasonable compensation for the net costs we will incur as a result of your breaking the contract.

13.3. Where you are outside the Fixed Term. We may end the contract between us by giving you not less than 30 days' written notice ending on the end of the Initial Fixed Term or any Subsequent Fixed Term.

13.4. We may end the contract if the Academy closes. If the Academy closes in circumstances we did not plan or foresee, we can end the contract immediately by giving you notice. If we decide to close the Academy for business or operational reasons, we can end the contract by giving you at least 30 days' notice in writing. In these circumstances we will refund you pro rata for the period of learning you have missed out on as a result of the contract ending early. 

14. Your right to make changes

If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of providing the service or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. 

15. Our right to make changes

15.1. Changes to workshops, courses, sessions and timelines. If we know in advance of your chosen class that we will be significantly delayed or unable to proceed, or if we need to make changes to agreed dates and times for any reason, we may change the date and/or time of your activity. We will notify you of these changes a reasonable amount of time before you are expecting us. We will also make course content and recordings available online where you are no longer able to attend on a new date. 

15.2. Reasons we may make changes. We may make changes to the services we offer or to the terms of the contract, or to the price we charge you, for any of the following reasons:

15.2.1. we may change, alter, or improve or add to our service offering at the Academy at our discretion as this ensures we respond to customer needs and remain competitive;

15.2.2. the cost to us of providing the services or other costs associated with running our business increase (for example, we have to pay third parties more to provide services or goods to us);

15.2.3. we reorganise the way we structure or run our business;

15.2.4. other valid legal or regulatory reasons; 

15.2.5. we change the terms to make them clearer or easier to understand, to reflect changes in law or to update our contracts from time to time so all our members have the same contract; or

15.2.6. to implement minor technical adjustments and improvements which will have no material significance to you.  

15.3. More significant changes to the services we provide and these terms. We may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:

15.3.1. we make a material change to the services offered under your selected membership; or

15.3.2. we make a material change to your contract with us or to the price of your membership.

16. If there is a problem 

16.1. How to tell us about problems. If you have any questions or complaints about your membership, please contact us. You can write to us using the details at clause 2.2. We will try to respond to customer complaints as quickly as possible, and will use our best efforts to find a satisfactory solution to your complaint. 

17. Our responsibility for loss or damage suffered by you 

17.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

17.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.

17.3. We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18. How we may use your information

18.1. How we may use your personal information. We will use the personal information you provide to us:

18.1.1. to provide the services associated with your membership;

18.1.2. to process your payment for such services; 

18.1.3. to cater to your requirements at any In-Person Event; and

18.1.4. if you agreed to this during the order process, to inform you about other products or services that we provide, but you may stop receiving these communications at any time by contacting us.

18.2. We will only give your personal information to other third parties where the law either requires or allows us to do so. 

19. Other important terms 

19.1. We are not responsible for things outside our control. If our performance of our obligations under the contract is affected by an event outside our control we will not be liable to you for this provided we try to work around the issue.  

19.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, provided that other organisation we transfer our rights and obligations to is of broadly equal standing and reputation to us. 

19.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.4. We may employ subcontractors. We are entitled to get another person or organisation to perform part or all of the services for us if we think this they have greater expertise or that this would make the services more efficient or cost effective. This will not impact the price you need to pay or your rights under this contract. We will remain fully responsible to you for the performance of the services even if we employ a subcontractor. 

19.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.

19.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

19.7. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect

 

Schedule

Model Cancellation Form

 

(Complete and return this form only if you wish to withdraw from the contract). 

 

To Bonny Snowdon Academy Ltd

Address: Unit 15 Runwell Hall Farmhouse, Hoe Lane, Rettendon, Essex, England, CM3 8DQ  

Email: [email protected] 

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

 

Ordered on [*]/received on [*],

 

Name of consumer(s),

 

Address of consumer(s),

 

Signature of consumer(s) (only if this form is notified on paper),

 

Date

 

[*] Delete as appropriate