IM Legion Limited Service Agreement Feb 2024
TERMS AND CONDITIONS 1 ABOUT THESE TERMS
1.1 These terms and conditions, including the details of your order (together the Terms) set out the terms on which you can purchase the services set out in the order (the Services).
1.2 Please read these Terms carefully. These Terms tell you who we are and other important information. They describe how we sell our Services, set out your rights and responsibilities and tell you what to do if there is a problem. These Terms also limit our liability.
1.3 Some of these Terms only apply if you are purchasing Services as a consumer. This means that you primarily use the Services for personal use (and will not use our Services for commercial, business or resale purposes). Terms that only apply to consumers will be marked clearly.]
1.4 Please note that we reserve the right to update, change or replace any part of these Terms at our sole discretion. However, the Terms which apply to your order will be those in force at the time you submitted your order to us.
1.5 We will collect some personal data about you in order to process your order (e.g. your name, email address, payment details and delivery information).
1.6 These Terms cover the terms and conditions of purchasing a monthly membership to IM Legion Limited.
2 WHO ARE WE?
2.1 We are IM LEGION LIMITED with company number 10767178 whose registered address is 7 Johnston Road, Woodford Green, IG8 0XA.
2.2 We are a Performing Arts service and in the business of selling dance services for a monthly membership fee.
2.3 If you have any questions about this Contract, please contact us using the details below:
Email: finance@imdofficial.com
3 Your Membership
3.1. As a member of IM Legion you have picked one of the set packages and have agreed to pay the monthly membership fee for this package to IM Legion. The set packages referred to are those of which that are detailed on the website.
3.2. Membership fees are due on the 1st of each month and should be paid via a payment plan set up from our website. Membership fees are not based on the number of classes attended, and are a fixed monthly fee which may contain extra benefits at the discretion of the director of IM Legion.
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3.3. Changes to membership packages may occur and notice will be given.
3.4. IM Legion reserve the right to increase membership fees on an annual basis with advance notice to be given.
3.5. All profits made within IM Legion under the dance company IMD Legion and all affiliated groups will be retained and controlled by the acting director of the company IM Legion.
3.6. We reserve the right to refuse to perform the Services for any reason (for example, due to lack of staff availability). If this happens will notify you as soon as possible.
4 Rehearsals & Performances
4.1. In accordance with these Terms, we will perform the agreed Services.
4.2. The Services performed by us will conform to their description. This description will either be set out in our contract or, if required, (for example, where we need to provide a more detailed description) provided to you separately in writing.
4.3. We will provide the Services with reasonable care and skill.
4.4. If we have agreed to perform our Services to you based on information provided by you, you are responsible for ensuring that the information you provide is correct.
4.5. While we make every effort to perform our Services to you on the performance dates and times set out in the contract details or as soon as reasonably possible but the time of performance is not guaranteed.
4.6. Sometimes we are prevented from performing the Services because of something outside of our control. If there might be a delay before we can start or restart the Services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, but not limited to, severe weather, accidents or unpredictable traffic delays).
5 PAYMENT
5.1. Where you fail to pay the membership fees IM Legion reserves the right to:
(a) Cancel the membership without notice.
(b) Suspend all or part of the Services until payment has been made in full.
(c) Pursue means of retrieval via a small claims court.
6 Freeze Benefit
6.1. For members on the current Gold membership tariff:
(a) You are able to freeze your memberships for £35 a month for 2 months only. Members will not be able to attend rehearsals, competitions or shows for the months that the freeze benefit is active for.
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(b) You are able to activate your freeze benefit by providing one months notice from the 1st of the month and that months membership fee is still payable at the current Gold membership rate.
6.2. Once the 2 month membership freeze has finished your membership will automatically continue from the 1st of the following month at the normal Gold membership fee.
6.3. Members can only use the freeze benefit with a 6 month interval between each freeze.
6.4. Members are unable to cancel memberships whilst the freeze benefit is active and must follow the cancellation policy.
7 YOUR OBLIGATIONS AND RESTRICTIONS
7.1. You agree that:
(a) It is the responsibility of the member and their parents/guardians to make sure that they get to and from rehearsals, shows and competitions safely.
(b) When travelling with IM Legion as a group the member must listen to all instructions given and follow the safety guidance relayed by employees/volunteers of IM Legion.
(c) The member must conduct themselves in an appropriate manner when attending rehearsals, shows and competitions. This also applies when travelling to and from places in IMD Legion clothing, as by wearing IMD Legion products you are in-fact representing IMD Legion.
(d) All members must maintain a professional and polite manner towards members of the public and each other.
(e) It is the members responsibility to treat all rehearsal spaces and dance premises that IM Legion use/visit with respect. All litter must be disposed of properly and premises left in the manner that it was entered. Any fines IM Legion receive from spaces being left in disarray/damaged may be acquired from members as a collective at the director of IM Legion’s discretion.
7.2. You shall:
(a) Inform info@imdofficial.com if you are unable to attend rehearsals with 48 hours notice and state the reason for non attendance.
(b) Inform info@imdofficial.com if you are running late to rehearsals or perfomances as soon as possible.
(c) Inform info@imdofficial.com if you cannot attend rehearsals or performances due to a booked holiday in advance.
7.3. You understand that we are not liable for any delay or failure to provide the Services which arises as a result of your failure to comply with clauses 1 and 2.
8 Duty of Care, Safety & Conduct
8.1. Duty of Care
8.1.1 Due to the nature of dance it will be necessary at times to engage in physical contact with your child. This will always be done in an appropriate manner and at times will be required for the safety
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of your child when training with tricks and flips.
8.1.2. IM Legion attempt to minimise any risk of personal injury, however due to the nature of dance this cannot be guaranteed.
8.1.3. If a member has any daily health concerns such as asthma or allergies, please make sure that they are fully equipped with the correct medications to deal with such issues should they arise.
8.3. Conduct
8.2.1. All members must conduct themselves in an appropriate manner when attending rehearsals, shows and competitions. This also applies when travelling to and from places in IMD Legion clothing, as by wearing IMD Legion products you are in-fact representing IMD Legion.
All members must maintain a professional and polite manner towards members of the public and each other.
8.2.2. It is the members responsibility to treat any and all rehearsal spaces and dance premises that IM Legion use/visit with respect. All litter must be disposed of properly and premises left in the manner that it was entered.
Any fines IM Legion receive from spaces being left in disarray/damaged may be acquired from members as a collective at the director of IM Legion’s discretion.
8.3.3. IM Legion will not be responsible for any loss or damage of personal property.
9 OUR INTELLECTUAL PROPERTY RIGHTS
9.1 You agree that we and our licensors own all intellectual property rights in the Services and deliverables we provide. This Contract does not grant you any rights to any intellectual property rights in the Services or in the deliverables.
9.2 You must not use our trademarks or our tradenames on your website or in any marketing materials without our express written consent.
10 OUR LIABILITY TO YOU
10.1. We are not liable to you for any losses you incur where the Services are delayed or cannot be carried out because:
(a) rehearsal space or facilities are unavailable.
(b) you fail to turn up to rehearsals, shows or competitions on time and so are unable to participate.
10.2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage. If we are affected by an unforeseeable event, we will promptly write to you to let you know if this means we are unable to fulfil the contract.
10.3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
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The following clauses in this clause 7.5 only apply if you are a business customer.
10.4. Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the price for the Services paid by you.
10.5. We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
(a) consequential, indirect or special losses; or
(b) any of the following (whether direct or indirect):
(c) loss of profit;
(d) loss or corruption of data;
(e) loss or corruption of software or systems;
(f) loss or damage to equipment;
(g) loss of use;
(h) loss of opportunity;
(i) loss of savings, discount or rebate (whether actual or anticipated); or
(j) harm to reputation or loss of goodwill.
10.6. Where we have failed to provide you with the Services described on your order, we shall only be liable up to the limit of the price paid for the Services paid by you.]
11 GENERAL
11.1 Interpretation of this Contract: In this Contract:
11.1.1 a person means an individual, a firm or a company (whether or not having a separate legal identity from its members or owners);
11.1.2 clause, schedule and paragraph headings shall not affect the interpretation of this Contract;
11.1.3 references to statutes, regulations or other legislation or enactments referenced herein shall be deemed to be references to that enactment as amended, supplemented, re-enacted or replaced from time to time;
11.1.4 the words include, including and similar words or expressions will not limit the meaning of the words that come before them;
11.1.5 reference to writing or written includes email but not any other form of electronic communication; and
11.1.6 each of the parties shall be referred to as a party or together, the parties.
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11.2 Costs: Each party is responsible for its legal and other costs in relation to the preparation and performance of this Contract.
11.3 Survival of terms: The parties intend the following terms to survive termination:
Clause 5 Clause 9 Clause 10 Clause 11
and all clauses required for their interpretation.
11.4 Relationship of the parties: The parties are independent businesses and not partners, principal and agent, or employer and employee, or in any other relationship of trust to each other.
11.5 Third party rights: For the purposes of the Contracts (Rights of Third Parties) Act 1999, this Contract is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions. However, this does not affect any rights or remedy of such a person that exists or is available apart from that Act.
11.6 Assignment and other dealings: No party may assign, subcontract or encumber any right or obligation under this Contract, in whole or in part, without the other party’s prior written consent or except as expressly permitted in this Contract.
11.7 Entire Agreement: this Contract, and any document referred to in it, contains the whole contract between the parties relating to its subject matter and supersedes any prior contracts, representations or understandings between them unless expressly referred to in this Contract. Each party acknowledges that it has not relied on, and will have no remedy in respect of, any representation (whether innocent or negligent) made but not covered in this Contract. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
11.8 Variation: Members will be notified via email of any changes to these terms and conditions. Members who wish not to comply with any new terms should respond to the email within 7 days of the new terms being sent.
11.9 Severability: If any clause in this Contract (or part of a clause) is or becomes illegal, invalid or unenforceable under applicable law, but would be legal, valid and enforceable if the clause or some part of it was deleted or modified (or the duration of the relevant clause reduced), the relevant clause (or part of it) will apply with such deletion or modification as may be required to make it legal, valid and enforceable, and the parties will promptly and in good faith seek to negotiate a replacement provision consistent with the original intent of this Contract as soon as possible.
11.10 Waiver: No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
11.11 Notices: In order to cancel your membership with IM Legion you must give 1 calendar months notice from the 1st and the fees for that month are payable. The membership will then be terminated at the end of the month. If money is taken after the cancellation and notice period then we must refund you.
11.11.1. It is your duty to make sure that the necessary funds are available each month for the membership to be paid. Failure to do this may result in the cancellation of the membership by IM Legion. IM Legion reserve the right to cancel the membership without any notice if monthly payments are not made on time.
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11.11.2. If you wish to cancel you membership package and change to a different membership package you must give one months notice from the 1st of the month. The new package will commence on the 1st of the following month.
11.11.3. If you wish to re-join IMD at a later date you may be required to re-audition and your membership will re-commence on the most current price tariff for the package that you choose.
11.12 Governing law and jurisdiction: This Contract is governed by the law of England and Wales. All disputes under this Contract will be subject to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer and live in either Northern Ireland or Scotland, you can choose to bring a claim in England and Wales or in the courts of another part of the United Kingdom in which you live.