Terms and Conditions

Table Of Contents 1……… These terms 2……… Information about us and how to contact us 3……… Our contract with you 4……… Our rights to make changes 5……… Providing the services 6……… Your rights to end the contract 7……… Our rights to end the contract 8……… If there is a problem with the services 9……… Price and payment 10……. Our responsibility for loss or damage suffered by you 11……. How we may use your personal information 12……. Intellectual Property 13……. Student requirements 14……. Missing classes 15……. Booking for following classes 16……. Certificates 17……. Heating 18……. Lost property 19……. Other important terms

Our terms

1. These terms
   • 1.1 What these terms cover. These are the terms and conditions on which we supply services to you. By ‘services’, we mean the teaching services and related teaching materials that we will provide in relation to your course at LFAS. We promise to use our reasonable care and skill in providing you with the teaching services.
   • 1.2 Why you should read them. Please read these terms carefully before you submit your 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.
2. Information about us and how to contact us
   • 2.1 Who we are. We are London Fine Art Studios LLP a partnership established in England and Wales. Our company registration number is OC401807 and our address is 146, Battersea Business Centre, 99-109 Lavender Hill, London SW11 5QL.
   • 2.2 How to contact us. You can contact us by writing to us at the address above, or by email on info@londonfineartstudios.com.
   • 2.3 How we may contact you. If we have to contact you we will do so by telephone or 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 and letters.
3. Our contract with you
   • 3.1 How we will accept your booking. Our acceptance of your booking will take place when we contact you to tell you that we are able to provide you with the services, at which point a contract will come into existence between you and us.
   • 3.2 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, or the class is full.
4. Our rights to make changes
   • 4.1 Minor changes to the services. We may change the services:
     • (a) to reflect changes in relevant laws and regulatory requirements; and
     • (b) to implement minor technical adjustments and improvements. These changes will not significantly affect your use of the services.
   • 4.2 More significant changes to the services and these terms. In addition, 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:
     • (a) e.g. cancellation of a course or change in term dates which move forward to backward by more than 7 days or a change in venue which is more than one mile away from the current address.

5. Providing the services
   • 5.1 When we will provide the services. We will supply the services to you from the scheduled date of the first class in your course until the end of your course, or until either you end the contract as described in paragraph 6 or we end the contract by written notice to you as described in paragraph 7.
   • 5.2 We are not responsible for delays outside our control. If our performance of the services is affected by events outside our control then we will contact you as soon as practicable to let you know and we will take reasonable steps to minimise the effect of the delay.
   • 5.3 What will happen if you do not provide required information to us. As we informed you in the description of the services, we will need certain information from you so that we can provide the services to you, for example, address and contact details, proof of age and identity.
   • 5.4 Reasons we may suspend the services. We may have to suspend the services to:
     • (a) deal with technical problems or make technical changes;
     • (b) update the services to reflect changes in relevant laws and regulatory requirements;
     • (c) make changes to the services as notified by us to you (see paragraph 4);
     • (d) events of force majeure including any accident, fire, explosion, epidemic, act of God, earthquake, flood, torrential rain, strike, walk out, lock out, labour controversy or dispute, civil disturbance, embargo, riot, act of public enemy, terrorism, war or conflict, unavailability of essential materials, supplies, equipment, transportation, power or other essential commodity, failure of any transport, enactment of any law or judicial order or decree, death, incapacity or unavailability or default (including refusal to work) of key individuals or cause in the nature of force majeure beyond our control and any other exigency or event which causes a delay, interruption or suspension of production or delivery of the services
   • 5.5 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of suspension of more than 30 days and we will refund any sums you have paid in advance for services not provided to you.
   • 5.6 We may also suspend the services if you do not pay. Making payment to us in full (without any deductions or offset) is a condition which must be satisfied before we provide you with any services. If you do not pay us for the services when you are supposed to (see paragraph 4), we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments (see paragraph 9.5).
6. Your rights to end the contract
   • 6.1 What happens if you have good reason for ending the contract. If you are ending the contract because of either an error in the price or because the services have been suspended for a period of more than 30 days the contract will end immediately and we will refund you in proportion to any services which have not been provided.
   • 6.2 If you are not ending the contract for one of the reasons set out in paragraph 6.1, and do so more than one calendar month before the start of the course, you will be entitled to a full refund of the amount you have paid in relation to the cancelled course, less an administration charge of £80. If you cancel more than 14 days before the start of the course, you will be entitled to a refund of 50% of the amount you have paid so far, less an administration charge of £80. If you cancel 14 days or less before the start of the course or after the start of the course, you will not be entitled to any refund.
   • 6.3 Extreme weather and circumstances outside our control. You will not be entitled to a refund, compensation, or transfer of your course place where the course is unable to proceed, is delayed, postponed, interrupted, or otherwise affected due to extreme weather conditions or other circumstances beyond our reasonable control, including but not limited to storms, flooding, snow, ice, high winds, heatwaves, transport disruption, or official weather warnings. In such circumstances, we may, at our discretion, offer an alternative date, online provision, or other reasonable substitute arrangements where possible.
   • 6.4 Course fees are not transferable to other related businesses, the art shop (Lavender Hill Colours), or other workshops, unless at our discretion.
   • 6.5 Course fees are not transferable to another person after the start date of the course.
7. Our rights to end the contract
   • 7.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
     • (a) you do not make any payment to us when it is due;
     • (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, proof of age or ID; or
     • (c) you fail to meet the requirements set out in paragraph 13 below.
   • 7.2 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services without cause. In which case, we will let you know at least 21 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.
8. If there is a problem with the services
   • 8.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us by writing in email on info@londonfineartstudios.com. Alternatively, please speak to one of our staff on-site.
   • 8.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

9. Price and payment
   • 9.1 Where to find the price for the services. The price of the services will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing for the course in question. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see paragraph 3 for what happens if we discover an error in the price of the services you order.
   • 9.2 We will pass on changes in the rate of VAT. If there is a change of law or practice and subsequently VAT applies to the services or the rate of VAT changes between your order date and the date we provide the services, we will adjust the price or rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
   • 9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. If the service’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
   • 9.4 When you must pay and how you must pay. To secure your place on the course you must pay an advance deposit of 50% of the price of the course, and the full balance must be received one calender month before the first day of your course. Places on the course are only reserved once the deposit has been paid and are guaranteed once the full balance has been received. We do not accept payment with cash (unless this has been agreed in writing and a cash receipt has been signed by you and LFAS). We do accept payment by cheque and all major credit cards. We charge an administration fee of 3% on payments by credit card.
   • 9.5 We can charge interest if you pay late. If you do not make any payment to us by the due date (see paragraph 4) we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. This does not affect our right to withdraw the services.
   • 9.6 What to do if you think the amount you are being charged is wrong. If you think the amount you are being charged is wrong please contact us promptly to let us know within 5 business days of the date you become aware.
10. Our responsibility for loss or damage suffered by you
    • 10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, the maximum amount for which we are responsible for loss or damage you suffer as a foreseeable result of our breach of this contract or our failure to use reasonable care and skill is the price actually paid by you for our services during the term in which our breach occurs (except as noted in paragraph 10.2). 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 it was discussed and agreed by us in writing. We are not liable to you for any unforeseeable loss.
    • 10.2 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 as summarised at paragraph 2.
    • 10.3 We are not liable for business losses. We only supply the services for your 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.
11. How we may use your personal information
    • 11.1 How we will use your personal information. We will use the personal information you provide to us to:
      • (a) provide the services;
      • (b) process your payment for such services.
    • 11.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
12. Intellectual Property
    • 12.1 As a general principle, LFAS recognises you as the owner of any intellectual property you produce while an LFAS student. By studying at LFAS, you give us the right to use any materials you create while studying with us in all our marketing, promotional and advertising materials including online and print material for promotional purposes. To the extent necessary to achieve the aims of this paragraph you waive your moral rights.
    • 12.2 You agree not to use cameras, smart phones or camera devices to take photos of or film nude or partially nude models. Photographing or filming of tutors, staff, other students and works created by others is only permitted with their express written consent.
    • 12.3 All intellectual property rights in material supplied on courses are subject to copyright and are owned by us and/or collaborating institutions. You agree not to record, reproduce, re-publish, sub-license, sell, share, broadcast, transmit, make available, disseminate or distribute in any way any of the content provided as a part of your course, or any work of LFAS staff or other students.
13. Student requirements
    • 13.1 Visa requirements. You are responsible for ensuring you have the appropriate immigration status to study with us. If you are a student who is required to study inside the UK, you must have a valid visa which does not prohibit the kind of study in question. Students are required to comply with the conditions of their visa throughout the duration of their studies with LFAS.
    • 13.2 Age requirements. We cannot accept students under the age of 18 unless the course is specifically advertised as being for under-18s. By enrolling in one of our courses you represent that you are not under the age of 18.
    • 13.3 Language requirements. Students must be proficient in English.
    • 13.4 Conduct. Students must at all times maintain a high standard of behaviour and respect for others (without regard to religion, gender, race or disability) while on LFAS premises and must not do anything to bring LFAS into disrepute. Any failure to maintain these standards, including the offence of plagiarism, will be taken very seriously and may lead to the suspension or cancellation of your classes, without refund, under paragraph 8.1 above.
14. Missing classes
    • 14.1 Students may catch up on a maximum of two missed classes per term, during that term. The new class time needs to be approved by the studio office. Once arranged, a catch-up class cannot be re-arranged.
15. Booking for following classes
    • 15.1 Students on LFAS courses are generally given places for the following term, but places are given on a first-come first-served basis and so cannot be guaranteed.
16. Certificates
    • 16.1 If requested, a certificate of attendance and achievement can be issued to you if you have attended at least 90% of the class.
17. Heating
    • 17.1 For environmental reasons, we try to keep energy use to a minimum, meaning the teaching rooms can get cold in the mornings and during the colder months. Students are advised to wear warm clothing at such times.
18. Lost property
    • 18.1 Property found on LFAS premises should be handed in to a member of LFAS staff. Where the owner of the item can be identified, the owner will be contacted. Details of the item will be taken and entered into our lost property register. Non-perishable items of lost property will be held in the LFAS offices for at least one month, after which items judged to be of significant value will be taken to Lavender Hill or other local police station. Other items will be taken to a local charity shop if they are of sufficient quality, or disposed of.
19. Other important terms
    • 19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this where we are selling all or part of our business.
    • 19.2 Nobody else has any rights under this contract. This contract is between you and LFAS. No other person shall have any rights to enforce any of its terms.
    • 19.3 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.
    • 19.4 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 but we continue to provide the services, we can still require you to make the payment at a later date.
    • 19.5 Alternative Dispute Resolution (ADR). If any dispute arises in connection with this contract, you and LFAS agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between you and LFAS within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (‘ADR Notice’) to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR. Unless otherwise agreed, the mediation will start no later than 28 days after the date of the ADR Notice. No party may commence any court proceedings/arbitration in relation to any dispute arising out of this contract until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
    • 19.6 Which laws apply to this contract and where the parties may bring legal proceedings. These terms are governed by English law and subject to paragraph 5 above, the parties can bring legal proceedings in respect of the services in the English courts.

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