Terms and conditions for short courses and lectures

1. Our contract with you

1.1. These are the Terms & Conditions on which we provide Short Courses and Lectures to you. Please ensure that you read these Terms & Conditions carefully and check that you are happy that the details for the Short Course / Lecture are correct and complete before you book your place. These Terms & Conditions, together with any procedures or policies referred to in them, set out the main terms that apply to our legal relationship, and they will take precedence if inconsistent with anything else that we have told you. We will confirm any changes to the Terms & Conditions or special conditions in writing to avoid any confusion between you and us.

1.2. If you confirm that you agree to these Terms & Conditions when booking a place on a Short Course / Lecture, this does not mean we have given you a place to attend. Our acceptance will take place when we write to you to confirm your booking at which point a binding contract will come into existence between you and us. If the School is unable to confirm your place after you have booked and paid for your place, the School will Refund the Course Fee in accordance with Clause 12.

1.3. If someone else books the Short Course / Lecture on your behalf, you understand that they are acting as your agent and that you (not the person making the booking) are bound by these Terms & Conditions.

2. Definitions

2.1. In these Terms & Conditions:

“Accommodation Fee” means the fee, if applicable, for any residential provision provided as part of an in-person Short Course;

“Contract” means the contract between us on these Terms & Conditions that is completed in accordance with clause 1.2 and relating to the Short Course that you have booked;

“Course Fee” means all the fees in relation to a Short Course to be paid by you or on your behalf to the School under these Terms & Conditions;

“Open Programme” offers lectures, workshops and short, practical courses in traditional arts and crafts.

“Refund” means a refund of the Course Fee (and where applicable the Deposit and the Accommodation Fee);

“School” or “we” means The King’s Foundation School of Traditional Arts a charity registered in Scotland under No. SC038770 and company limited by guarantee registered in Scotland under No. SC331738 whose registered office is at Dumfries House, Cumnock, Ayrshire, Scotland KA18 2NJ; and

“Short Course” means a course provided by the School as set out on the Short Courses section of our website: https://schooloftraditionalarts.org/education/short-courses/;

“Lecture” means a lecture provided by the School as set out on the Short Courses section of our website: https://schooloftraditionalarts.org/education/short-courses/;

“Terms & Conditions” means the terms and conditions set out in this document.

3. Details of the Short Course

3.1. The details for your Short Course, including whether it will be held online or in person, are set out on the Short Courses section of our website, subject to any variation under clause 5.

3.2. Please note that Short Courses are non-credit bearing. This means you will not receive a degree, academic award or qualification from us if you successfully complete the Short Course.

4. Eligibility

You must be aged eighteen (18) or over to attend a Short Course.

5. Our Obligations to you / changes to the Short Course

5.1. We will use reasonable efforts to deliver the Short Course to you over the period of the Short Course as described on our website.

5.2. Changes to a Short Course are unlikely. However, if made, a change may relate to the venue, time or date of a Short Course or the detail of its content or assigned tutor and would normally be made for one or more of the following reasons:

5.2.1. to ensure the course content is current, reflects best practice or incorporates new developments and techniques; and / or

5.2.2. to improve and enhance your experience or incorporate changes introduced based upon feedback; and / or

5.2.3. the change is necessary to enable the proper and efficient management of the School’s resources.

5.3. If the Short Course is substantially varied from that described on our website after the Contract between us is made, the School shall give you reasonable notice in writing of any such changes and you will be entitled to cancel your place and receive a full Refund (if the course has not yet started) or a pro rata Refund (if the Short Course has already started) if you tell us within seven (7) days of notification of the changes that you want to cancel. You may alternatively be able to request a Short Course transfer in accordance with clause 10.

5.4. Clause 5.3 does not apply to minor changes to the Short Course.

5.5. If, as a result of a substantial change made under clause 5.3, you no longer wish to participate in a Short Course, you must notify the Open Programme as soon as possible and at the latest seven (7) days after notification of the change via email to schooloftraditionalarts@kings-foundation.org quoting your reason for withdrawal and requesting (i) a course cancellation or (ii) course transfer.

5.6. We do not guarantee the involvement of any particular members of staff or external tutors or lecturers with any Short Courses.

5.7. The School reserves the right to cancel or suspend any Short Course in accordance with clause 9.

6. Your Obligations to us

6.1. You must pay the Course Fee in accordance with clause 8.

6.2. You must notify the School, in writing, if any of your registration details change including but not limited to your name, address, telephone number and/or e-mail address.

6.3. You agree to comply with all of the School’s policies and procedures applicable to you and to act with courtesy, consideration and integrity at all times towards the School, its staff and other students at the School.

6.4. The School reserves the right, acting reasonably, to terminate the Contract with you and to remove you from the Short Course and/or to exclude you from the School in circumstances where your conduct is deemed by the School to be unfit or unsuitable or damaging to the School or its reputation. If you are removed from the Short Course in accordance with this clause, the School will not refund any sums paid by you to the School.

6.5. Any damage caused by you (other than fair wear and tear) to the School, its facilities, equipment or resources will be separately invoiced by the School and such amounts shall be payable by you on demand.

6.6. The following are not permitted on the School’s premises:

6.6.1. smoking (including vaping); or

6.6.2. pets, other than assistance dogs.

7. How we use your personal data

7.1. The School may take and use images of you and/or your work (including any videos or photographs or sound recordings) (“Images”). You permit us on a worldwide perpetual basis to use, modify and distribute those Images of your work to promote the School and its activities in any media. Images of your work may appear without a credit. You must notify the School in writing prior to the Short Course start date if you do not agree to any such Images of either you or your work being taken and used as described here.

7.2. The information provided on booking and from our interactions with you, including personal data, will become part of the student’s record. The applicant gives consent for the School to store and process this personal data in accordance with our Privacy Policy.

8. Payments and Charges

8.1. You may pay your Course Fee by debit/credit card or bank transfer
8.2. If you fail to pay the full Course Fee six weeks before the start of the Short Course, the School reserves the right to cancel your place on the Short Course and to keep any Deposit and Accommodation Fee that you may have paid.
8.3. You must pay all charges in connection with any payments made by bank transfer.

9. Cancellation of the Short Course by the School

9.1. The School reserves the right to cancel or suspend a Short Course before the advertised start date of the Short Course if:

9.1.1. an insufficient number of bookings received for the Short Course means that the student experience cannot be guaranteed;
9.1.2. the School is concerned about the quality of the Short Course or the services being delivered;
9.1.3. appropriate numbers of sufficiently qualified staff are not available to deliver the Short Course;
9.1.4. for any reason the School does not or will not have the appropriate teaching and learning resources to deliver the Short Course; and/or
9.1.5. the Short Course is no longer viable for academic, regulatory, legal, market-related and/or financial reasons.

9.2. If you have booked onto a Short Course which is cancelled by the School in accordance with clause 9.1, the School shall notify you in writing of any such cancellation and you may request either:

9.2.1. a Short Course transfer in accordance with clause 10; or
9.2.2. a full Refund in accordance with clause 12.
9.3. The School reserves the right to cancel a Short Course and the contract with you if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control in accordance with 16. In such circumstances, you will be entitled to receive a full Refund in accordance with clause 16 and clause 12.

10. Short Course Transfer

10.1. You may transfer your booking to an alternative published Short Course, provided that there is a place available on that Short Course. This can be done up to sixty (60) days before the start of the original course.

10.2. Where the Course Fee for the alternative Short Course is more expensive than the original Short Course we will issue you an invoice for the additional Course Fee.

10.3. Where the Course Fee for the alternative course is lower than the Course Fee for the original Short Course, the School will not reimburse the difference in Course Fees to you.

10.4. Transfers to an alternative Short Course are not possible when the course you are wishing to transfer from has already started.

10.5. If you have a credit code for a Short Course transfer, it must be used within one year of the date of issue. The credit code shall not be valid after this time.

11. Course Cancellation by You

11.1. If you wish to cancel your booking, please inform the Open Programme as soon as possible by email to schooloftraditionalarts@kings-foundation.org.

11.2. If you cancel and withdraw from a Short Course you may be entitled to a Refund (in whole or in part) if:

11.2.1. we substantially change the Short Course and you tell us that you want to cancel your place within seven (7) working days of receiving notice of the change (see clause 5.3);

11.2.2. we are unable to perform our obligations for over 120 days due to an event outside of our control, (see clause 16);

11.2.3. we commit a material breach of these Terms & Conditions and do not correct or fix the situation within 30 days of your asking us to in writing; or

11.2.4. the circumstances set out in clause 11.3.1(a) apply.

11.3. If you withdraw from a Short Course:

11.3.1. before the Short Course has started, your entitlement to a Refund is as follows:
(a) if you cancel your booking up to sixty (60) calendar days before the start of your course, you will be entitled to a full Refund;
(b) no refunds can be made to those who cancel within sixty (60) calendar days before the course starts (subject to clause 11.2).

11.3.2. after the Short Course has started, you will not receive a Refund.

11.4. You may cancel your booking at any time, but a Refund will only be payable in accordance with clause 12.

12. Refunds

12.1. If you are entitled to a Refund under clause 1.2, 9.2, 11, or 16.2 and request one in accordance with clause 12.4, the Refund shall be made within thirty (30) calendar days beginning with the date on which notice of cancellation was received by the School, notice of cancellation was issued by the School, or the School informed you that it was unable to confirm a place on a Short Course.

12.2. The School will refund neither the Course Fee nor any Deposit or Accommodation Fee if you fail to attend all or any part of the Short Course for any reason including (without limitation) ill health or failure to check the location of the course (unless you are otherwise entitled to a refund under these Terms & Conditions).

12.3. You will not be entitled to a Refund of any Course Fee (or other fees) if the School terminates this contract due to your breach of any of these Terms & Conditions.

12.4. To request a Refund, please complete and submit our Refund Request Form.

12.5. Refunds will be made via the original method of payment.

13. Accessibility

13.1. You must indicate any concerns you may have in relation to access (or any other concerns) by email to schooloftraditionalarts@kings-foundation.org at the time of booking You can give specific details on a separate, confidential letter or email. You will then be contacted by a member of the School’s staff who will discuss your individual requirements.

14. Materials and Equipment

14.1 Prior to the start of your Short Course you will be able to obtain a detailed list of materials and/or equipment needed for the Short Course in the course details which are available on the School’s website. Unless stated otherwise in these course details, the cost of materials and/or equipment is not included in the Course Fee so you may have to pay for such materials and/or equipment in addition to the Course Fee.

15. Our and your Liability

15.1. We are not responsible for any loss or damage that is not foreseeable to both parties when we formed our Contract, that you could have avoided by taking reasonable action, or that was not caused by any breach of this Contract or applicable law by us.

15.2. We deliver the Short Course to you for your private use for your personal development and enjoyment. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity arising from any breach of contract or negligence on our part.

15.3. Except to the extent that liability may not be excluded under applicable laws, our maximum liability to you (whether or not arising in negligence) is limited to the Course Fee.

15.4. We do not exclude or limit in any way our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable laws.

15.5. Any student causing loss or damage to the School property or equipment, either within or outside the School, will be required to make good such loss or damage in whole or in part, to the satisfaction of the School.

16. Other important Terms

16.1. Events outside our control. We will not be liable or responsible for any failure or delay by us in performing our obligations under these Terms & Conditions if our failure is caused by an event outside of our control. In this clause the phrase “event outside of our control” includes any act or event beyond our reasonable control including without limitation strikes, other industrial action, civil commotion, riot, invasion, terrorist attack or threat, war or preparation of war, fire, explosion, storm, flood, subsidence, epidemic, public health emergency, or other natural disaster, or failure of communications networks. If an event outside our control takes place that affects our performance of our obligations, those obligations will be suspended and we will restart delivery of the Short Course as soon as reasonably possible after the event outside of our control is over. You may cancel our Contract if an event outside our control continues for longer than 120 days and we have not cancelled the Short Course. If you exercise your right to cancel under this clause 16.1, you will be entitled to a Refund.

16.2. Waiver. No failure or delay by us or you to exercise any right or remedy provided under the Terms & Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.

16.3. Severability. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

16.4. Third parties. These Terms & Conditions shall not be enforceable by any party who is not a party to the contract between you and the School.

16.5. Assignment. This contract is personal to you and you may not assign or transfer your rights and obligations under it to any other person. Your place on the Short Course is non-transferable.

16.6. Changes and variations. We may at our discretion vary these Terms & Conditions from time to time in order to assist the proper delivery of education or to reflect changes in relevant laws and regulatory requirements. Where any significant changes are made to the substance of your rights and obligations, we will bring any changes to your attention by posting a notice on our website or contacting you using the details you provide to us.

16.7. Governing law and jurisdiction. These Terms & Conditions, the contract between you and the School, and any dispute or claim arising out of or in connection with them (including non-contractual claims) shall be governed by and construed in accordance with the law of Scotland and subject to the non-exclusive jurisdiction of the courts of Scotland.