Terms and Conditions

 

CHELSEA SCHOOL OF BOTANICAL ART

COURSE CONTRACT 

Terms and Conditions 

 Short Course and Master Class 2018/19

1. ENROLMENT

1.1. The terms of the application form and these terms and conditions constitute the terms of a legally binding contract (“the Contract”) between you as the student, including any invoice addressee set out in the application form (the “Student”) and The Chelsea School Of Botanical Art Limited (“the School”) in relation to attendance at the School for a short course (the “Course”).

1.2 Any enrolment application by the Student will be subject to written acceptance by the School and acceptance will be in the School’s absolute discretion.

1.3 The Student must:

1.3.1 be fluent in English and must meet any English proficiency requirement specific to the Course; 

1.3.2 be at least 18 years of age at the start of the Course; and

1.3.3 meet any other specific requirements for the Course.

2. THE COURSE

2.1 The School will provide the Student with the School’s rules, regulations and procedures before commencement of the Course. These must be read carefully and complied with, and will be reviewed in class on the first day of the Course along with Health and Safety procedures. The Student will be appropriately notified of any changes to the School’s rules, regulations and procedures.

2.2 The Student must attend the Course on a punctual basis unless prevented by events beyond his/her reasonable control.

2.3 The School reserves the right to require the Student to cease attending the Course if:

2.3.1. in the view of the School’s Principal, his/her conduct or attendance is unacceptable; or

2.3.2. absence, without permission from the School’s Principal, exceeds 2 (two) consecutive class days.

2.4 The School reserves the right to refuse the Student admission to any part or class of the Course if the Student’s conduct is deemed unreasonable by the School.

2.5 The School reserves the right to change the timing and/or content of the Course and to substitute any tutor/lecturer at any time.

2.6 The School reserves the right to change the number of places available on a Course.

2.7 The School reserves the right to admit observers into the classroom (e.g. student teachers, journalists, assessors) at any time during the Course.

2.8 The Student’s place on the Course is not transferrable to another person.

2.9 The School will make all reasonable efforts to adapt the Course for a Student with additional learning requirements, provided that the Student has notified the School of such requirements at the time of applying for the Course. Following such notification, should the School be unable to make the necessary arrangements to allow the Student to take the Course in reasonable conditions, the School will issue a full refund of the Course fee to the Student.

3. FEES AND PAYMENT

3.1 Enrolment is subject to the non-refundable, non-transferrable payment by the Student of the full amount of the Course fee, as set out in the Application Acknowledgement Letter.

3.2 Following the acceptance of the application form, the Student and the invoice addressee set out in the application form will be contractually bound to pay the full amount of the Course fee in the manner set out in the Tax Invoice, including any outstanding installments.

3.3 No refund will be made if the Student subsequently does not attend all or any part of the Course.

3.4 The Student will notify the Accounts Department immediately of any circumstances that may prevent the payment of fees on time.

3.5 The Student is liable for the cost of any bank or transaction charges related to payment of fees.

3.6 The School reserves the right to increase the Course fees at any time. The price of the Course to be paid by the Student will be that in effect on the day of acceptance of enrolment of the Student on the Course by the School.

3.7 The Course fees include VAT. However, if the rate of VAT changes between the date of enrolment and the invoice date, the School will adjust the VAT charge, unless the Course has already been paid in full before the change in the rate of VAT takes effect.

3.8 The School will not reimburse fees in full or in part once the Course has started if the Student:

3.8.1. is excluded from the School for any reason; and/or

3.8.2. is unable to attend the Course for any reason: and/or

3.8.3. fails to complete the Course.

3.9 In the event of the Student’s expulsion from the School, any unpaid fees become due immediately.

3.10 In the event the Student is unable to attend the Course due to unforeseen circumstances beyond his/her reasonable control, the Student may apply to the School to transfer any fees already paid to another course run by the School commencing within 12 months following the start of the original Course. The School may allow such transfer at its sole discretion, on the production by the Student of:

3.10.1 a valid medical certificate demonstrating that the Student is unable to attend the Course due to illness; or

3.10.2 valid proof demonstrating that the Student is unable to attend the Course due to other unforeseen circumstances (for example, work commitment). 

3.11 No transfer of fees to other courses run by the School is possible other than described in Section 3.10 above.

3.12 The Student is advised to take out insurance against loss of fees due to personal accident or illness.

3.13 Where any fee or part of a fee remains unpaid 14 days after the due date, the School reserves the right to:

3.13.1. charge interest on the overdue amount at the rate of 3% above the base rate prevailing at the time at HSBC Bank Plc from the due date until actual payment; and/or

3.13.2. suspend the Student and reallocate their place; and/or

3.13.3. demand payment in full of all outstanding fees and instalments.

3.14 If the Student pays by electronic bank transfer, the Student must ensure that the School receives the full amount due after any bank charges that are payable.

3.15 The Student is responsible for any other living, travel and accommodation expenses.

4. CANCELLATION

4.1 The School reserves the right to cancel the Course at any time subject to repayment of any deposit or fees received in respect of the Course or the part of the Course that has been cancelled.

5. RIGHT OF TERMINATION

5.1 The Student may withdraw from the Course by giving no less than 42 business days’ notice in writing to the School before the start of the Course. To be effective, the written notice must be received by the School no later than 42 business days before the start of the Course.

5.2 The Student may withdraw from the Course by giving notice in writing to the School within 14 days of payment of the Course fee.

5.3 The School will refund any payment made in excess of any deposit to the Student in the event of a withdrawal pursuant to Section 5.1. The School will offer a full refund to the Student (including any deposit) in the event of a withdrawal pursuant to Section 5.2.

5.4 Withdrawal from the Course after the expiry of that 14-day period means that the Student has lost the right to terminate the contract and the School will retain all fees paid.

6. LIABILITY

6.1 The Student must not bring any items of special value onto the School’s premises. The School will not accept responsibility for loss of or damage to any personal possessions whatsoever.

6.2 The School will not be liable for any loss suffered by the Student which is indirect, remote, special or consequential or comprises a loss of profits or a loss of opportunity.

6.3 The School will not be liable for any loss suffered by the Student resulting from any event which is beyond the reasonable control of the School.

6.4 The School will not be liable for or responsible in the event of any loss or damage to the Student’s work.

6.5 Subject to the above, the School’s aggregate liability to the Student under this Contract or in respect of the Course will not exceed the total amount of fees paid by the Student in respect of the relevant Course.

6.6 Nothing in this Contract will limit or exclude the School’s liability:

6.6.1 for death or personal injury arising out of the School’s negligence;

6.6.2 for fraud or fraudulent misrepresentation; or

6.6.2 in respect of any other liabilities which may not be lawfully excluded or restricted.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that the School prepares or produces in connection with the Course and the operation of the School’s business (the “School’s Materials”) will belong to the School absolutely.

7.2 The Student may not use the School’s Materials or any other materials, documents or other items provided by the School or to which the Student has access during the Course for any commercial purpose.

7.3 The Student is requested not to “share” any piece of his/her coursework in its entirety on Facebook, Instagram, Twitter or other forms of social media.  The Student may only “share” a photograph of a portion of his/her coursework before it is completed, and such photograph must be taken at an angle. The student may only ‘share’ a photograph of a portion of his or her coursework in progress and on completion if taken at an angle. The school must be credited at all times.

7.4 The School reserves the right to copy or display the Student’s work generated whilst he/she attended the Course for the purpose of education and/or promotion including, without limitation, on its website and any other form of marketing or promotional media. The School will make all reasonable efforts to credit the Student when using his or her work for educational or promotional purposes.

7.5 The contents of the School’s website are protected by copyright laws and other intellectual property rights. The School is the owner of or duly authorised licensee of such copyright and the owner of all intellectual property rights in the mark “The Chelsea School of Botanical Art”. You may not modify, copy, reproduce, republish, upload, post, transmit, distribute by any means or in any manner any material or information on or downloaded from our Website without our permission.

8. EVENTS OUTSIDE THE SCHOOL’S CONTROL

8.1 The School will not be liable for or responsible for any failure in the performance or delay in the performance of any obligations under the Contract caused by events beyond the School’s reasonable control such as, but not limited to, a ‘force majeure’ event.

8.2 A ‘force majeure’ event includes any act, event, non-occurrence, omission or accident beyond the School’s reasonable control and including, but not limited to the following: 

(a) strikes, lock-outs or other industrial action; and/or

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; and/or

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; and/or

(d) impossibility to use of railways, shipping, aircraft, motor transport or other means of public or private transport; and/or

(e) impossibility to use the public or private telecommunications networks.

9. DATA PROTECTION

9.1 The School will collect the Student’s personal information for the purpose of enrolling him/her on the Course, and for the purpose of sharing information about other courses (if the Student has opted in to receive that information). The School will not share the Student’s personal information with any third party, including details of academic progress, unless the Student makes a specific written request for information to be released to a named third party and such disclosure is also agreed by the School Principal or Course Director.

9.2 The School will collect, store and use the Student’s personal information in accordance with our Privacy Notice. http://www.chelseaschoolofbotanicalart.co.uk/privacy-notice/

10. GENERAL

10.1 Any notice required to be given under the Contract shall be in writing and signed by or on behalf of the party giving it and delivered personally or sent by pre-paid first class post, recorded delivery or registered post to the address of the recipient specified on the signature page of the Contract.  Notices shall not be deemed served if sent by email.  Notice shall be deemed to have been received, if delivered personally, at the time of delivery and in the case of pre-paid post, three business days after posting.

10.2 No failure or delay by either party in enforcing any of its rights under the Contract shall be deemed to be a waiver of such right.

10.3 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Contract.

10.4 The Contract constitutes the entire agreement and understanding between the parties relating to the subject matter of the Contract and supersedes any previous arrangement or agreement (whether written or oral) between them relating to the subject matter of the Contract.

10.5 The Contract shall be governed by and construed in accordance with English law.

10.6 Each party irrevocably submits to the exclusive jurisdiction of the courts of England over any claim, dispute or matter arising under or in connection with the Contract and waives any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

PLEASE COMPLETE AND SIGN ATTACHED AGREEMENT FORMS ON NEXT PAGE 

Thank you,

Chelsea School of Botanical Art

2018

Chelsea School of Botanical Art, Chelsea Physic Garden, 66 Royal Hospital Road

London SW3 4HS  www.chelseaschoolofbotanicalart.co.uk 

2018/19 Short Course and Master Class

Consent Form – Terms & Conditions

PLEASE COMPLETE FORMS BELOW, SIGNING EACH SECTION AND RETURNING BOTH FORMS TO CSBA (address above).  Thank you.

……………………………………………………………………

For and on behalf of the School (CHELSEA SCHOOL OF BOTANICAL ART)

 

Date: …………………………………………………………….

Chelsea School of Botanical Art,

Chelsea Physic Garden, 66 Royal Hospital Road,

London SW3 4HS

Student Name:…………………………………………………..

Address:………………………………………………………….

……………………………………………………………………..

……………………………………………………………………..

Signature the Student:………………………………………………………..

Date:………………………..

pastedGraphic.png————————————————————————————————————

2018/19 Short Course and Master Class 

Consent Form – Terms & Conditions

……………………………………………………………………….

For and on behalf of the School (CHELSEA SCHOOL OF BOTANICAL ART)

 

……………………….

Date:

Chelsea School of Botanical Art,

Chelsea Physic Garden, 66 Royal Hospital Road,

London SW3 4HS

Student Name:…………………………………………………..

Address:…………………………………………………………..

………………………………………………………………………

………………………………………………………………………

Signature the Student:…………………………………………………………

Date:………………………..

 

 

CHELSEA SCHOOL OF BOTANICAL ART

COURSE CONTRACT 

Terms and Conditions 

Botanical Painting and Illustration Diploma Course 2019

1. ENROLMENT

1.1. The terms of the application form and these terms and conditions constitute the terms of a legally binding contract (“the Contract”) between you as the student, including any invoice addressee set out in the application form (the “Student”) and The Chelsea School Of Botanical Art Limited (“the School”) in relation to attendance at the School for a part-time diploma course (the “Course”).

1.2 Any enrolment application by the Student will be subject to written acceptance by the School and acceptance will be in the School’s absolute discretion.

1.3 The Student must:

1.3.1 be fluent in English and must meet any English proficiency requirement specific to the Course; 

1.3.2 be at least 18 years of age at the start of the Course; and

1.3.3 meet any other specific requirements for the Course.

2. THE COURSE

2.1 The School will provide the Student with the School’s rules, regulations and procedures before commencement of the Course. These must be read carefully and complied with, and will be reviewed in class on the first day of the Course along with Health and Safety procedures. The Student will be appropriately notified of any changes to the School’s rules, regulations and procedures.

2.2 The Student must attend the Course on a punctual basis unless prevented by events beyond his/her reasonable control.

2.3 The School reserves the right not to issue a Diploma to a Student attending the Course or to require the Student to cease attending the Course if:

2.3.1. in the view of the School’s Principal, his/her conduct or attendance is unacceptable; or

2.3.2. absence, without permission from the School’s Principal, exceeds 6 (six) consecutive class days.

2.4 The School reserves the right not to issue a Diploma or Certificate if the Student fails to achieve the required pass grade.

2.5 The School reserves the right to refuse the Student admission to any part or class of the Course if the Student’s conduct is deemed unreasonable by the School.

2.6 The School reserves the right to change the timing and/or content of the Course and to substitute any tutor/lecturer at any time.

2.7 The School reserves the right to change the number of places available on a Course.

2.8 The School reserves the right to admit observers into the classroom (e.g. student teachers, journalists, assessors) at any time during the Course.

2.9 The Student’s place on the Course is not transferrable to another person.

2.10 The School will make all reasonable efforts to adapt the Course for a Student with additional learning requirements, provided that the Student has notified the School of such requirements at the time of applying for the Course. Following such notification, should the School be unable to make the necessary arrangements to allow the Student to take the Course in reasonable conditions, the School will issue a full refund of the Course fee to the Student.

3. FEES AND PAYMENT

3.1 Enrolment is subject to payment of a non-refundable, non-transferrable deposit fee as set out in the Deposit Invoice sent from the School once the Student has stated his/her desire to enrol.

3.2 Following the acceptance of the application form and clearance of the deposit payment by the School, the Student and the invoice addressee set out in the application form will be contractually bound to pay the full amount of the School’s fees (including all instalments) in the manner set out in the confirmation of receipt of the deposit payment. No refund will be made if the Student subsequently does not attend all or any part of the Course or if the Student fails to reach the required pass grade.

3.3 The Student will notify the Accounts Department immediately of any circumstances that may prevent the payment of fees on time.

3.4 The Student is liable for the cost of any bank or transaction charges related to payment of fees.

3.5 The School reserves the right to increase the Course fees at any time. The price of the Course to be paid by the Student will be that in effect on the day of acceptance of enrolment of the Student on the Course by the School.

3.6 The Course fees include VAT. However, if the rate of VAT changes between the date of enrolment and the invoice date, the School will adjust the VAT charge, unless the Course has already been paid in full before the change in the rate of VAT takes effect.

3.7 The School will not reimburse fees in full or in part once the Course has started if the Student:

3.7.1. is excluded from the School for any reason; and/or

3.7.2. is unable to attend the Course for any reason: and/or

3.7.3. fails to complete the Course.

3.8 In the event of the Student’s expulsion from the School, any unpaid fees become due immediately.

3.9 In the event the Student is unable to attend the Course due to unforeseen circumstances beyond his/her reasonable control, the Student may apply to the School to transfer any fees already paid to another course run by the School commencing within 12 months following the start of the original Course. The School may allow such transfer at its sole discretion, on the production by the Student of:

3.9.1 a valid medical certificate demonstrating that the Student is unable to attend the Course due to illness; or

3.9.2 valid proof demonstrating that the Student is unable to attend the Course due to other unforeseen circumstances (for example, work commitment). 

3.10 No transfer of fees to other courses run by the School is possible other than described in Section 3.9 above.

3.11 The Student is advised to take out insurance against loss of fees due to personal accident or illness.

3.12 Where any fee or part of a fee remains unpaid 14 days after the due date, the School reserves the right to:

3.12.1. charge interest on the overdue amount at the rate of 3% above the base rate prevailing at the time at HSBC Bank Plc from the due date until actual payment; and/or

3.12.2. suspend the Student and reallocate their place; and/or

3.12.3. demand payment in full of all outstanding fees and instalments.

3.13 If the Student pays by electronic bank transfer, the Student must ensure that the School receives the full amount due after any bank charges that are payable.

3.14 The Student is responsible for any other living, travel and accommodation expenses.

4. CANCELLATION

4.1 The School reserves the right to cancel the Course at any time subject to repayment of any deposit or fees received in respect of the Course or the part of the Course that has been cancelled.

5. RIGHT OF TERMINATION

5.1 The Student may withdraw from the Course by giving no less than 42 business days’ notice in writing to the School before the start of the Course. To be effective, the written notice must be received by the School no later than 42 business days before the start of the Course.

5.2 In addition, the Student may also withdraw from the Course by giving notice in writing to the School within 14 days of paying the deposit for the Course of their choice.

5.3 The School will refund any payment made in excess of any deposit to the Student in the event of a withdrawal pursuant to Section 5.1. The School will offer a full refund to the Student (including any deposit) in the event of a withdrawal pursuant to Section 5.2.

5.4 Withdrawal from the Course other than as described in Sections 5.1 and 5.2 means that the Student has lost the right to terminate the contract and the School will retain all fees paid.

6. LIABILITY

6.1 The Student must not bring any items of special value onto the School’s premises. The School will not accept responsibility for loss of or damage to any personal possessions whatsoever.

6.2 The School will not be liable for any loss suffered by the Student which is indirect, remote, special or consequential or comprises a loss of profits or a loss of opportunity.

6.3 The School will not be liable for any loss suffered by the Student resulting from any event which is beyond the reasonable control of the School.

6.4 The School will take the utmost care while marking the Student’s work. The School will not be liable for or responsible in the event of any loss or damage to the Student’s work.

6.5 Subject to the above, the School’s aggregate liability to the Student under this Contract or in respect of the Course will not exceed the total amount of fees paid by the Student in respect of the relevant Course.

6.6 Nothing in this Contract will limit or exclude the School’s liability:

6.6.1 for death or personal injury arising out of the School’s negligence;

6.6.2 for fraud or fraudulent misrepresentation; or

6.6.2 in respect of any other liabilities which may not be lawfully excluded or restricted.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that the School prepares or produces in connection with the Course and the operation of the School’s business (the “School’s Materials”) will belong to the School absolutely.

7.2 The Student may not use the School’s Materials or any other materials, documents or other items provided by the School or to which the Student has access during the Course for any commercial purpose.

7.3 The Student is requested not to “share” any piece of his/her coursework in its entirety on Facebook, Instagram, Twitter or other forms of social media.  The Student may only “share” a photograph of a portion of his/her coursework before it is completed, and such photograph must be taken at an angle. The student may only ‘share’ a photograph of a portion of his or her coursework in progress and on completion if taken at an angle. The school must be credited at all times.

7.4 The School reserves the right to copy or display the Student’s work generated whilst he/she attended the Course for the purpose of education and/or promotion including, without limitation, on its website and any other form of marketing or promotional media. The School will make all reasonable efforts to credit the Student when using his or her work for educational or promotional purposes.

7.5 The contents of the School’s website are protected by copyright laws and other intellectual property rights. The School is the owner of or duly authorised licensee of such copyright and the owner of all intellectual property rights in the mark “The Chelsea School of Botanical Art”. You may not modify, copy, reproduce, republish, upload, post, transmit, distribute by any means or in any manner any material or information on or downloaded from our Website without our permission.

8. EVENTS OUTSIDE THE SCHOOL’S CONTROL

8.1 The School will not be liable for or responsible for any failure in the performance or delay in the performance of any obligations under the Contract caused by events beyond the School’s reasonable control such as, but not limited to, a ‘force majeure’ event.

8.2 A ‘force majeure’ event includes any act, event, non-occurrence, omission or accident beyond the School’s reasonable control and including, but not limited to the following: 

(a) strikes, lock-outs or other industrial action; and/or

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; and/or

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; and/or

(d) impossibility to use of railways, shipping, aircraft, motor transport or other means of public or private transport; and/or

(e) impossibility to use the public or private telecommunications networks.

9. DATA PROTECTION

9.1 The School will collect the Student’s personal information for the purpose of enrolling him/her on the Course, and for the purpose of sharing information about other courses (if the Student has opted in to receive that information). The School will not share the Student’s personal information with any third party, including details of academic progress, unless the Student makes a specific written request for information to be released to a named third party and such disclosure is also agreed by the School Principal or Course Director.

9.2 The School will collect, store and use the Student’s personal information in accordance with our Privacy Notice. http://www.chelseaschoolofbotanicalart.co.uk/privacy-notice/

10. GENERAL

10.1 Any notice required to be given under the Contract shall be in writing and signed by or on behalf of the party giving it and delivered personally or sent by pre-paid first class post, recorded delivery or registered post to the address of the recipient specified on the signature page of the Contract.  Notices shall not be deemed served if sent by email.  Notice shall be deemed to have been received, if delivered personally, at the time of delivery and in the case of pre-paid post, three business days after posting.

10.2 No failure or delay by either party in enforcing any of its rights under the Contract shall be deemed to be a waiver of such right.

10.3 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Contract.

10.4 The Contract constitutes the entire agreement and understanding between the parties relating to the subject matter of the Contract and supersedes any previous arrangement or agreement (whether written or oral) between them relating to the subject matter of the Contract.

10.5 The Contract shall be governed by and construed in accordance with English law.

10.6 Each party irrevocably submits to the exclusive jurisdiction of the courts of England over any claim, dispute or matter arising under or in connection with the Contract and waives any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

PLEASE COMPLETE AND SIGN ATTACHED AGREEMENT FORMS ON NEXT PAGE 

Thank you,

Chelsea School of Botanical Art

2018

Chelsea School of Botanical Art, Chelsea Physic Garden, 66 Royal Hospital Road

London SW3 4HS  www.chelseaschoolofbotanicalart.co.uk 

2019 Botanical Painting and Illustration Diploma Course 

Consent Form – Terms & Conditions

PLEASE COMPLETE FORMS BELOW, SIGNING EACH SECTION AND RETURNING BOTH FORMS TO CSBA (address above).  Thank you.

……………………………………………………………………

For and on behalf of the School (CHELSEA SCHOOL OF BOTANICAL ART)

 

Date: …………………………………………………………….

Chelsea School of Botanical Art,

Chelsea Physic Garden, 66 Royal Hospital Road,

London SW3 4HS

Student Name:…………………………………………………..

Address:………………………………………………………….

……………………………………………………………………..

……………………………………………………………………..

Signature the Student:………………………………………………………..

Date:………………………..

pastedGraphic.png————————————————————————————————————

2019 Botanical Painting and Illustration Diploma Course 

Consent Form – Terms & Conditions

……………………………………………………………………….

For and on behalf of the School (CHELSEA SCHOOL OF BOTANICAL ART)

 

……………………….

Date:

Chelsea School of Botanical Art,

Chelsea Physic Garden, 66 Royal Hospital Road,

London SW3 4HS

Student Name:…………………………………………………..

Address:…………………………………………………………..

………………………………………………………………………

………………………………………………………………………

Signature the Student:…………………………………………………………

Date:………………………..