Please read carefully the following Terms and Conditions which may be updated from time to time by Cakes Dance Studio LTD. (trading under the name ‘THE MANOR LDN’). These terms (the “Terms”) define yours and Cakes Dance Studio LTD’s rights and obligations. The most current version of these Terms can be accessed at any time at www.themanorldn.com (the “Site”). Changes to these Terms will be notified via posting on the Site (or by other written notice to you.)
This terms and conditions sets out the mutual rights and obligations between Cakes Dance Studio LTD and the client with respect to the Manor LDN Event Calendar.
Application of these obligations will commence from the date of this agreement. This agreement shall supersede any previous arrangements or agreements, in writing or otherwise discussed.
Cakes Dance Studio LTD agrees to supply the Client with the following professional services (“the Services”):
Studio Space Hire for the event
Booking of the Space(s) for the event
Collection of revenue on behalf of the Client after the event (optional)
Definitions and Interpretation
In these terms and conditions, unless the context otherwise requires, the following terms and expressions have the following meanings:
Any reference to Cakes Dance Studio LTD shall be taken to refer to THE MANOR LDN
“Business” means any business, craft or professional services carried on by you, your affiliates or any other person/organization;
Any use of “we”, “us”, “our” shall be taken to refer to Cakes Dance Studio LTD and its employees and representatives;
“You/Your” means the client/client with whom the studio enters into the agreement contained herein, and who is to provide their professional services;
“Client“ is to be used interchangeably with “Customer”
The client confirms they are not a consumer. The client warrants that, in connection with this agreement, they are an individual acting wholly or mainly for the purposes of a business and not acting as a consumer;
“Studio”: the space/room assigned to a Manor event session that is used by the client to teach event. The client pays the company to hire/rent the studio for event;
“Staff” encompasses all employees and workers (paid and unpaid) by the Manor and acting in their service;
“Our premises” means the premises at which we hold sessions and events, which is: Coalface, Unit 5, Clifton House, Clifton Terrace, London N4 3JP;
“Register/registration form” means the form that we provide to you in hard copy form or online to attest to the number of attendees in your event. All customers will be required to sign the register before entering into event;
“Event/session” means any individual or group event or session of dance or fitness as provided by the client. Also means the period between the start time and finish time on the Session Date. For block bookings of recurring Sessions, it means each period between those same times on each of the Session Dates;
Any reference to “writing”, and any similar expression, includes a reference to any communication sent by email.
“Fee” means the amount payable to us in advance for the use of any studio and for all services that we provide to you. This fee is required before a booking will be deemed complete;
The “Terms” encompasses the terms and conditions contained above/within this document;
The “parties” comprise Cakes Dance studio LTD and the client/client;
Employee is defined as: An individual who has entered into or works (or worked) under the terms of a contract of employment;
“Reasonable care” is defined as acting in a way that would be expected of a prudent and reasonable person the service provider’s position. The Supply of Goods and Services Act 1982, section 13 imposes an implied term into contracts for the supply of services that the services will be performed with reasonable skill and care. This is a negligence test; the services do not have to be perfect;
Normal course of event operation is defined as the period from when the first event on the premises begins until the final event concludes;
The terms “client” and “client” shall be used interchangeably, and shall be taken to refer to the same;
“Purpose of hire” means individuals attending for a particular purpose e.g. dance event, dance rehearsal, photoshoots, etc. including others attending to accompany any of those individuals ;
Unless the context otherwise requires, each reference in these Terms and Conditions to:
- “these Terms and Conditions” is a reference to these Terms and Conditions; and
- a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions.
“Credits” shall refer to Manor Event credits. These are single credits, specific to a Manor event on the timetable, and assigned to an client. These credits are purchased on the website for use in redemption for the specific event on the timetable. As credit, it has a value of 1 and attendance value of 1 for all paid attendees
“Price”: This is the price dictated by the Client to charge their specific Manor event at, and the price the Credits are charged at
“Revenue”: the moneys generated by each event session, taking into account credit and client outgoings. Attendees multiplied by Manor event price . The revenue belongs to Client.
“Processing fee”/“booking fee” Manor will charge a finance Processing Fee for every attendee of a Manor event to the client
“Exclusivity Period”
means a period of time during which the studio shall have the exclusive right to use the video/film
“Licence”
means the licence to use the video/film subject to the terms and conditions of this Agreement
“Stated Purposes”
means the purposes for which the video/film will be used
2. Booking
1. Cakes Dance Studio LTD is responsible for the provision of the stated studio(s) corresponding with the time and date of the booking as agreed between parties:
The set fee is available upon request.
Full details of the agreed Venue Hire are provided in Schedules A and B
You must pay to us the fee for the use of any studio and for all services that we fully and correctly provide to you in accordance with our set fee list.
Removal following Event
Unless otherwise agreed, you shall be required to vacate the studio at the end of the Hire Term. Where the nature of the Event necessitates additional time to remove any of your property an alternative leaving time shall be agreed with Cakes Dance Studio LTD.
You may pay us using any of the following methods:
The studio hire fees must be paid in advance.
The attendee processing fee we deduct it from the revenue collected on your behalf via the Manor LDN’s booking processes.
2. You must be registered with the Manor to hold events on the premises.
3. We will only provide a studio and/or an event to you if we have mutually agreed per the terms of this agreement.
8. We reserve the right to enter the studio at any time whilst you occupy the space.
9. The start time and end time of the event as agreed at the time of booking must be adhered to at all times.
10. Access to the studios will not be granted to clients outside of the agreed event time(s) or in the absence of any alternative agreement between parties.
Additional Information
The Customer shall provide full details of the Event in the Booking information section below. Details required shall include the theme, the purpose, the number of guests to be invited etc.
At the time of making a Booking or as soon as possible thereafter (and in any event not less than 12 hours prior to the start the event) the Customer shall supply to Cakes Dance Studio LTD a copy of the guest list for the Event should the Manor LDN website not process ticket sales on your behalf.
When making the Booking the Customer shall provide the date and duration of the Event.
3. Fees and Payment
You reserve the right to set the customer price for each event and have revenue collected by the Manor LDN and and tickets sold for sale on our platform agree to the attendee fee to cover credit card processing fees. This is an optional service and you may opt out.
The Manor LDN can be responsible for advertising your event on our event calendar and timetable on our website at your choice
If we collect funds on your behalf the net funds will be sent to the relevant client within 3 business days from the end of the relevant event.
The net revenue is equal to all monies paid by customers for the event, deducting the cost of the studio and the booking fee, plus VAT
The studio shall keep such records and books of accounts as are necessary to enable to amount of any sums payable pursuant to this agreement to be accurately calculated.
The studio shall issue invoices/credit receipts to the client for these sums
Funds received from customers booked into your event via our online booking platforms will be transferred to your bank account using the bank details as you have provided them to us.
Payments may take longer in the case of security checks required by third party bank providers and any other unforeseen circumstances.
We reserve the right to deduct from the total sum any outstanding debts or damage costs as outlined in this agreement.
The full amount owed to use by the client for each studio/event booking shall be due and payable to us no later than 48 hours from the time when the booking was made.
a) Where an amount owed to us remains outstanding after 48 hours, we reserve the right to open the booking time as available.
b) If the balance remains unpaid in full by the date required in (a) we may at any time thereafter terminate this agreement immediately by giving notice to the client, and upon doing so shall be entitled to retain the whole of the moneys previously paid to us
(ii) Notification of either suspension or termination will be given by Cakes Dance Studio LTD to the client in writing.
Cancellations
Bookings are non-refundable. You may cancel an event if you give us at least 21 days notice to be rescheduled for a future date. Event cancellations within 21 days of the event are not entitled to a future rescheduling.
The full booking fee will become payable to us where any event is cancelled by the client less than 21 business days before an event is due to start, and can not be credited towards future studio hire.
If due to exceptional circumstances, including but not limited to illness, accidents, bereavements and emergences, you may cancel the event without giving us the required notice. We will consider the circumstances and determine whether to waive any charge for the late cancellation that we are entitled to make under clause 8.
We may cancel an event at any time by notice to the client where we reasonably anticipate that due to Force Majeure which has occurred, we will not practicably be able to:
make available the use of and/or access to the premises for the event.
We will not be liable for any failure or delay in performing our obligations under the agreement resulting from any cause beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs, or industrial action by third parties, riots, fire, explosion, flood, storms, or any other event that is beyond our reasonable control.
If any event described under clause 11(i and ii) occurs that is likely to adversely affect our performance of any obligations under the agreement, we will try to inform you as soon as is reasonably possible.
12. You may, without liability to us, cancel any event which does not take place due to that circumstance, and we will refund in full the advance payment that you have made to us for the cancelled event, if any.
13. No compensation will be owed or payable to a client where an event is cancelled by Cakes Dance Studio LTD.
14. We may alter our prices without prior notice, but if the price of any Services increases between the time when You book a Session and the date of the Session, the price increase will not apply to You for the Session on that date.
Subclause
Technical Facilities
Cakes Dance Studio LTD will provide as standard
Washroom / Toilet facilities
Speakers for music in the studio room
Sprung flooring in the studio room
Standard Basic Lighting in the studio room
Mirrors in the studio room
Any additional facilities, such as cameras, lighting technicians, green rooms, etc will incur an additional cost as agreed with studio management.
4. Conditions to be observed by the client.
The client undertakes to observe and perform the provisions set out in Schedule B and to ensure that all persons attending or using the Premises also do so.
Should you observe or be aware of any person on the premises in breach of any of those aforementioned provisions, you must report this to a member of Cakes Dance Studio LTD staff.
Should you be found in breach of this section or any of the provisions as set out in Schedule B, we are entitled to eject you from the premises and terminate this agreement immediately.
5. Damage/ Care of Property
You will treat the studio with reasonable care during each period of occupation.
You shall be responsible for the reasonable and proper care of any property and equipment furnished and provided by by Cakes Dance Studio LTD to the client.
In the event of damage to the studio and/or equipment, you will be liable for the cost of repair for any damage caused by your lack of reasonable care. As such, the client shall reimburse Cakes Dance Studio LTD for any loss of damage to any such property.
Conduct
4. You will act in a professional and courteous manner at all times when on our premises. This includes acting in an appropriate manner to any Cakes Dance Studio LTD staff members, other clients or any other persons/customers using the studio.
5. Cakes Dance Studio LTD reserves the right to eject from the premises any client found to act in violation of this clause.
6. We likewise reserve the right to remove your event from the Manor schedule and to terminate this agreement if your conduct is in our reasonable opinion inappropriate.
(i) Inappropriate behavior includes, but is not limited to: any illegal activity on the premises, gross negligence, inappropriate physical conduct, causing damage to property or individuals, etc.
6. Health and Safety
The number of guests for the event shall not exceed the maximum capacity of the relevant studio(s) as set out in the booking details
We shall have the right to inspect the studio at any time during the event and shall request the removal of any number of persons in excess of the numbers stated above unless agreed to by prior written agreement with Studio management before the commencement of the event.
Good Order and Nuisance
The Customer shall be required to keep all guests under a reasonable level of control. This obligation shall extend to noise levels, general behaviour and sobriety. This obligation shall also apply to the Customer’s staff, performers, exhibitors, Hired Personnel and any other individuals that are in attendance for the purposes of the Event and not under the control of the Company.
Noise must be kept to a reasonable level at all times. The Customer must ensure that no noise escapes the Venue.
7. Limitation of Liability
Insurance
7.1 The client, at their own cost, will obtain from a reputable insurance company and maintain in force Public Liability Insurance, covering for the whole period of the agreement between parties.
7.2 such insurance to include cover for personal injury and property damage, including damage to any part/s of the Premises and the acts and omissions of the client, those acting on their behalf and those attending or involved in any Session. [Such insurance must have a limit of indemnity of at least £2 million for any accident.]
7.3 the client will produce to us on the date of this Agreement and thereafter as and when requested from time to time by Cakes Dance Studio Ltd sufficient evidence to demonstrate that the insurance which the client is required by this Agreement to take out and maintain is current and valid.
8. Cakes Dance Studio LTD accepts no responsibility or liability for loss of or damage to any items brought into or left or stored in any part/s of the premises by the client;
9. Subject to this clause 9.1 – 9.5, the client hereby agrees to be liable for and indemnify and keep indemnified Cakes Dance Studio LTD from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other financial detriment, brought, made or awarded against or incurred by Cakes Dance Studio LTD (directly or indirectly) arising from;
9.1 any loss or damage caused by the hirer/ client to any property belonging to Cakes Dance Studio LTD in any part/s of the premises;
9.2 any breach or non-performance of this Agreement or any negligent or other act or omission or default or breach of statutory duty by the client;
9.3 any personal injury to or death of any person who is in or about any part/s of the premises for the purpose of hire or use, except where caused by the negligence of Cakes Dance Studio LTD or any person for whom we are responsible;
9.4 in subclauses 9.1, 9.2, 9.3, references to hirer and client include those acting on their behalf (including employees, contractors, volunteers or agents) or others attending or involved in any session or event.
9.5 nothing in this clause 9 or any other provisions of this Agreement shall exclude or in any way limit either party’s liability for death or personal injury caused by its own negligence or its liability for fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by law.
8. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such change.
9. How We Use Your Personal Information (Data Protection)
In this clause 9.1, in this Agreement and in the Privacy Notice as contained in Schedule A:
“personal data” and “personal information” shall have the meaning defined in Article 4 of the UK GDPR.
2. From the client, we require: name, phone number, email address, billing address and bank details.
3. The details that you provide and confirm in the Registration Form and in this Agreement must be complete and correct.
a)You must inform us immediately if there are any changes to your contact details and to any of those details as set out in clause 9.2.
4. We will only use your personal information as set out in this Agreement and in our Privacy Notice.
10. Event Promotion + use of video footage
Where relevant, the client is solely responsible and liable to pay for all PRS/PPL music licensing fees for their event time slot.
Copyright and Title
3. All copyright in the choreography/artistic works shall rest in and be retained by the client at all times.
Use of video/film
4. The client may choose whether or not they would like the Manor to assist and film their events.
we will provide a copy of videos filmed to the client
__________________________________________________________________________
The License to use the video/film/ shall take effect from the (Effective Date).
The Licence applies only to use of the video/film for the Stated Purposes. We may not assign the benefit of the Licence to any third party without the client’s (performer and/or choreographer) express written permission.
Unless otherwise agreed upon by the Parties, any alternative use of the video/film under this section shall be subject to a new licence agreement and not to this Agreement except insofar as the terms of this section applies.
__________________________________________________________________________
The Licence granted under this Agreement shall be non-exclusive and the client (performer and/or choreographer shall remain entitled to use the video/film for any purposes; including to promote his/her work and services.
You are not permitted to advertise your event and accompanying business/services provided to the Manor on Eventpass or on any other 3rd party discount booking application of a similar nature. Any breach of this clause will result in the immediate termination of this agreement.
(1) The Licensor owns the intellectual property rights in the Works
(2) The Licensee wishes to use the works listed in the Project detailed
(3) The Licensor wishes to grant a licence to the Licensee to use the intellectual property rights in the Works in accordance with the terms and conditions of this Agreement.
11. Termination
We reserve the right to terminate this Agreement at any time without notice where the client is in material breach of any provision contained within this Agreement.
Effects of Termination
1. Upon the termination or expiry of the Agreement for any reason:
i) any sum owing by either Party to the other Party under the Agreement shall become immediately due and payable;
ii) the client shall immediately return any and all studio materials in its possession.
iii) each Party shall immediately cease to use, either directly or indirectly, any Confidential Information belonging to the other Party, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information;
iv) termination or expiry shall not affect or prejudice any rights, remedies, obligations, or liabilities of the Parties that have accrued up to the date of termination or expiry including, but not limited to, the right to claim damages or any other remedy in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
Schedule A
Privacy Notice
1. What Does This Notice Cover?
This Privacy Information explains how [we] OR [I] use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
2. What Is Personal Data?
Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that we use is set out in Section 9 above and section X below.
3. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
The right to be informed about [our] or [my] collection and use of your personal data.
The right to access the personal data we hold about you.
The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete.
The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold.
The right to restrict (i.e. prevent) the processing of your personal data.
The right to object to us using your personal data for a particular purpose or purposes.
The right to withdraw consent for us using your personal data.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
4. How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will/may use your personal data…:
Administering our business
Name, Date of Birth, Address, Email, Phone number, Insurance Policy
Processing Services
Managing payments
Bank Details
Management of Payments
Communicating with you
Address, Email, Mobile Phone number
Communication of Services
Supplying you with information by email and/or post
Address, Email
Communication of Services
Promotion and marketing of our business
Photographs/images *
Promotion and marketing
We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003. We will always obtain your express opt-in consent before sharing your personal data with third parties and you will be able to opt out at any time.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the basis for doing so.
*We will always seek consent for use of your image in promotional materials.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
5. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
6. How and Where Do You Store or Transfer My Personal Data?
We will only store your personal data in the UK. This means that it will be fully protected under the Data Protection Legislation.
7. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exception[s].
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
Schedule B
Conditions to be observed by the client.
The client will NOT:
Use the premises otherwise than for the purpose as booked/agreed with Cakes Dance Studio LTD
Use the premises for any unlawful purpose or in any unlawful way
Smoke anywhere in or at the premises. This includes vaping
Consume or carry illegal drugs on the premises at any time
Consume alcohol or to be intoxicated on the premises during the normal course of event operations
Cause or allow any damage to the premises
Cause or allow any damage to any equipment or property in or at the premises
Commit inappropriate physical contact on the premises
CAKES DANCE STUDIO LTD / 96, 261C CITY ROAD LONDON EC1V 1AP REG NO: 13627063 / VAT NO: 399463336000