By enrolling yourself or your child with Málaga Drama Collective, you accept these terms and conditions (“Terms & Conditions”) and your signature is accepted as confirmation of an ongoing agreement between you and Málaga Drama Collective (“Agreement”).
The Agreement is made between the parent/guardian (“Parent”, “you” or “your”) of each enrolled member (“Member”) by a Parent and Málaga Drama Collective (“MDC”, “we”, “our”, “us”) and is valid at all times whilst the Member is enrolled on any MDC activity and until such time as written notice is given in accordance with these Terms & Conditions.
FOREWORD
Málaga Drama Collective is a performing arts group that puts an emphasis on its members learning about all the aspects of the theatre and the performing arts in a safe and nurturing place, where they can feel part of something special. This also applies to parents and guardians.
What MDC offers is different from other performing arts groups as all members are responsible for MDC’s reputation and success, which we feel is extremely important for the youth of today. This agreement aims to ensure that all benefit from each member’s commitment whilst helping to create the safe and rewarding environment that we work on. As many of our members are minors, we ask that you as the parents/guardians help us to achieve this level of commitment to enable the success of MDC. We understand that this is a two way relationship, so we have included below what you are to expect from your involvement with MDC.
1. INTRODUCTION
These Terms & Conditions apply to all our MDC classes, workshops, holiday activities and any additional products and/or services offered by MDC and/or its group of companies in the future for any Member (collectively “MDC Activities”).
In order to participate as a member / student in any MDC activity, all parents / students / members are required to consent to these Terms & Conditions by handwritten signature or by ticking the acceptance box for these Terms & Conditions when submitting an electronic application form online.
We may update these Terms & Conditions from time to time. Any changes to these Terms & Conditions require the written consent or approval of MDC.
TERMINOLOGY
- An “Activity” refers to a class, session, workshop, rehearsal or course of tuition in acting, theatre production and performing arts skills which will be delivered during the dates set by MDC (including online activities). Unless otherwise stated, all classes will take place once per week for a certain amount of time on the dates listed and as detailed at the time of booking.
- “Holiday Activity” refers to workshops (including online activities) run by MDC during Easter, summer and other breaks in-between Terms.
- “Term” refers to one normal academic period of MDC during which classes / sessions / rehearsals run.
- “Term Dates” refers to the dates for the relevant Term.
- “Online activity” refers to online streamed classes utilising a secure online video platform, delivered by a MDC tutor. See section point 8.7
- “Membership fee” refers to the fiscal amount to be paid per student to join a MDC term or activity.
- “Performance fee” refers to the fiscal amount to be paid per student to participate in a stage production.
- “Script fee” refers to the fiscal amount to be paid per student to participate in a stage production.
2. ENROLLING A NEW STUDENT IN A MÁLAGA DRAMA COLLECTIVE ACTIVITY
2.1 To apply for a place for a new Student with MDC, the Parent / Student must agree to these Terms & Conditions and submit an application form online, in person or by post.
2.2 Each Student’s membership place is allocated on a ‘first come, first served’ basis. Applications must be accompanied by the appropriate payment/transfer, as set out for each MDC Activity. Payments accepted by bank transfer (via Bizum or Revolut) or cash (in envelopes only).
2.3 If MDC is unable to accept the Student due to capacity reasons, the Student may, at the Parent’s discretion, be placed on a reserve list.
2.4 Once an enrolment has been confirmed and the invoice has been delivered, payment is expected to be processed within 7 days. Once the membership fee has been paid, the student becomes a member of MDC and must follow the cancellation protocols. Membership fees are non cancellable or refundable, and will not be partly refunded in proportion to the number of sessions delivered.
2.5 Times, current Term Dates, fees and all relevant class details for booked MDC Activities will be confirmed via WhatsApp or email for each MDC Activity, along with a receipt for payment of the membership fee.
2.6 For any of our groups, workshops or online classes MDC requires at least four (4) weeks notice before the start of term for any cancellation of membership. If a student starts the term and leaves without notice, no refund can be offered, or if no payment has been made before the term begins and no notice has been given, then the full terms’ membership fee will still apply.
3. FEES
3.1 For a Student enrolled in a class or activity, the full membership fee is to be paid per class / activity in full on the date specified on the invoice or by the Monday prior to the start of term, as detailed in clause 2.2 above.
3.2 For a Student that wishes to participate in a MDC stage production, a non-refundable performance fee and script fee is to be paid in full at the start of term. The purpose of these fees is to ensure that the stage production can still be produced, thus protecting other students within the class from being disappointed should a student decide to leave a class before the end of term.
3.3 Students that are invited to participate in a MDC stage production will be expected to acquire a prescribed script (for which the production director will provide an ISBN code) and may be asked to procure costume or prop items depending on the production.
4. COURSES
4.1 MDC may, at its discretion, offer the second child of the same family attending a class at the same time, a sibling discount. This discretionary sibling discount will only apply if MDC is notified of the sibling relationship at the time of the enrolment. Only one discount may apply against the term fee for an individual child at any one time.
4.2 Once enrollment is confirmed, all Term Dates for the following Term will be made known to Parents in writing via email and/or WhatsApp at the end of the current Term.
4.3 If a term session falls on a public holiday then a replacement session will also be added into the current Term or subsequent Term timetable.
4.4 Unless MDC is notified in writing four weeks before the start of the new term, a Student is automatically re-enrolled onto the class for the following Term.
4.5 If MDC is not notified four weeks before the start of the new term that a Student is not to be re-enrolled onto the following Term of the class, then the Parent / Student will be liable for the full Term fees in respect of the next Term. We understand that over the course of the long summer break, many things can change and we may consider as a gesture of good-will, a reduction in what would have been the membership fee (if the agreement hadn’t been breached). However, we would encourage you to ensure that you give notice in advance to avoid disruption for the rest of the cast and crew.
5. MEMBERSHIP TRIAL
5.1 Where a new Student is attending a class for the first time, subject to availability, MDC allows a no obligation free one (1) trial session so that the Student may try the class and get to know other cast and crew members. The Trial session only applies to classes for new Students. Should the student decide to join, then MDC would require a full terms’ membership fee to be paid as per above sections 2, 3 and 4.
6. HOLIDAY ACTIVITIES
6.1 Dates and times of seasonal Holiday activities are released in advance on the MDC website and social media channels.
6.2 For the avoidance of doubt, the Trial session and sibling discounts detailed in sections 3 and 4 above do not apply to Holiday activities.
6.3 If a Student’s place is cancelled on a Holiday activity within fourteen (14) calendar days of the commencement of the booking then the activity fee will be retained by MDC and/or the full balance of the activity fee will still be required to be paid.
7. USE OF PERSONAL INFORMATION
7.1 The personal data (as it is defined in the GDPR act) of a Student and/or Parent will be processed by MDC in accordance with MDC’s Privacy Policy.
7.2 MDC owns all the rights, title and interest in and to its websites, including software, text and media and its trade marks, logos and brand elements. Nothing within these Terms & Conditions affects or licences the ownership of these rights. Any intellectual property created during any class, workshop or Holiday activity is owned by MDC.
7.3 Unless explicitly instructed not to, MDC will publish individual and/or group photographs, video or film shots of members for press or promotional purposes. If you wish to omit a member from this material, please email team@malagadrama.com. A copy of the full MDC child protection policy will be available upon request. This document includes the relevant protocols for the MDC team, students and parents with regards to any child protection issues.
8. HEALTH AND SAFETY
8.1 Students are obliged to inform MDC and its team of any allergies, intolerances, developmental disability, existing injuries or medical conditions. All application forms must have any known details stated and any changes to such information must be notified to MDC immediately in writing by email to team@malagadrama.com.
Please note that if no information is shared, and a situation arises wherein a student or tutor is at risk, then MDC cannot accept liability.
8.2 If there is any uncertainty of whether a Student should participate in any activity please consult the Student’s GP before enrolling the Student on a MDC activity.
8.3 Any medication left at a venue must be clearly labelled and the Student should be able to administer it themselves, unless MDC has agreed in writing otherwise.
8.4 Students must wear suitable footwear and clothing at all times, including MDC uniform (where available) for all classes. Some of our venues have stairs, MDC cannot accept liability for any injuries if a person doesn’t wear appropriate clothing or footwear.
8.5 If a Student is unwell or has an accident requiring emergency treatment, the Parent will be contacted via the contact details provided on the enrolment form. This number must always be contactable whilst the Student is attending the MDC Activity.
8.6 Parents are solely responsible for ensuring that the contact details on MDC’s records are up to date.
8.7 All online activities are recorded and held for a period of four weeks for safeguarding and quality review purposes.
8.8 We hire fully insured venues for our in-person sessions / classes / workshops / activities and production performance dates. Venues that we select are chosen for their qualities in providing safe and clean environments in which your child’s talent can shine, and where of course Public Liability Insurance is in place.
9. PERSONAL PROPERTY
9.1 Students are obliged to take care of their own belongings. MDC can accept no liability for lost or damaged belongings.
9.2 The liability of MDC and that of its team and volunteers is restricted to class / activity time only.
10. GENERAL
10.1 MDC may, at its own discretion, refuse a Student entry to a MDC Activity if it is felt that the Student’s behaviour is unacceptable
10.2 MDC reserves the right to make changes to the timetable, the teaching team, the advertised programme or the programme delivery mechanism (online or in-person) in the event of illness or other circumstances beyond our control.
10.3 Where a session of a MDC Activity has to be cancelled by MDC, MDC will give as much notice as possible. In the event of a last minute session cancellation, notifications will be sent via WhatsApp, email or SMS or through a designated MDC social media site. Parents must ensure that they provide MDC with up-to-date contact details. In the event of a MDC Activity being cancelled, MDC will provide substitute lessons where possible either at an alternative time, venue or online.
10.4 It is occasionally necessary to change the time and/or venue of a MDC Activity session. This will only be done if absolutely necessary and MDC will do its best to keep class times, programme delivery mechanisms and/or locations as similar as possible but unfortunately this cannot always be guaranteed.
10.5 In the event that a Student is unable to attend a MDC Activity session, due to sickness, holiday or a decision by the Parent or Student not to attend, MDC regrets that it is unable to refund any payment.
10.6 All Students must be collected on time after a session. MDC is unable to supervise Students after a session ends and consistent late collection may result in additional charges.
10.7 MDC Activity fees are reviewed in accordance with economic circumstances and may be changed each term.
10.8 These Terms & Conditions constitute the entire agreement between the parties which supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.9 In the event that one or more of the provisions of the Agreement are found to be unlawful or otherwise unenforceable, those provisions shall be deemed severed from the remainder of the Agreement.
10.10 The Agreement shall be governed by, and construed in accordance with the law. Any dispute, proceedings or claim shall fall within the jurisdiction of the legal system.
11. EXPECTATIONS OF MEMBERS AND PARENTS / GUARDIANS
Each member contributes to the success of MDC, which is a theatre group and not comparable to other types of performing arts groups available for children and young people.
Students are coached and directed by professionals and are expected to behave like students of the performing arts with the emphasis being on discipline, focus and reliability. Naturally, for our younger members, this level of commitment can only be achieved with the assistance of their parents and guardians.
At the start of each academic year and/or term, a complete schedule with all dates for rehearsals, shows and other classes / workshops for each group may be provided. This will also include deadlines for payment.
Each members’ commitment is paramount and the schedule will give sufficient notice to inform MDC of any dates that cannot be attended.
We require at least a months’ notice for any planned absences (e.g. holiday away), unless of course a student is ill where we request to be informed as soon as possible via text, phone call, WhatsApp or email.
Unless otherwise stated, rehearsals and workshops will run at the given times and venue locations. In contrast, all technical, dress rehearsals and shows will take place at a chosen performance venue in Málaga.
Please note that these particular dates may require parents / guardians to sign for members under the age of 16 in and out of the venue (more detail on this in section 14).
MDC operates a zero tolerance approach to written, verbal or physical abuse by members, parents or guardians.
12. WARNINGS
MDC operates a “3 strikes” policy. Receiving three strikes will result in a meeting with parents and Tim Rowland to discuss the matter. Strikes are given after 3 consecutive warnings, which are given for…
- Lateness or non-attendance of a rehearsal without prior warning
- Not learning lines by the times specified on the rehearsal schedule (extenuating circumstances can be taken into account)
- Repetitive lateness to rehearsals without prior warning (3 late marks without adequate notice =1 warning)
- Abusive or inappropriate behaviour to the practitioners, members or venue staff
- Any other inappropriate behaviour
Any student who receives three warnings may have their part taken away and they may be asked to leave MDC for at least the duration of that production. We will however review the situation at the start of the following production and may consider allowing a member to return but cannot guarantee the continuation as a member of MDC. We cannot offer any refunds for the term but would consider enrolling the students again at a later date.
13. COMPLAINTS
We understand that it works both ways. If at any point you wish to make a complaint about MDC, please contact Tim Rowland directly and he will be more than willing to listen to your views and find a solution that would hopefully satisfy all parties.
14. CHILD PROTECTION
As a concern for all parents, please rest assured that Tim Rowland is officially insured and certified to work with children in Spain and is CRB / DBS checked in England.
Child protection rules for ‘Children in Entertainment’ may be very different from the usual child protection rules.
For instance, the children in entertainment policies in England require all children who are in school, under the age of 16 to be signed in and out of dress rehearsals and performances by a parent or legal guardian.
If a parent / guardian is not able to do this, then another trusted adult may sign the member in (as long as they are not a Chaperone for that show). In such instances, the parent / guardian must include a note that contains information regarding the specific show, including date and time and the name of your child in full.
For instance, the note would read:
I, FULL NAME, parent / legal guardian of Málaga Drama Collective member, STUDENTS’ FULL NAME, hereby give FULL NAME permission to sign STUDENTS’ FULL NAME in and out on DATE at TIMES for the production rehearsal / performance of PRODUCTION NAME at the VENUE NAME in Málaga.
These Terms & Conditions have been reviewed and updated by Málaga Drama Collective – April 2023