The ESOP Terms and Conditions

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A: RULES:
  1. These terms and conditions (T&C) together with any specific rules set out in any Application Notice, as defined in Clause 2B below, are or form part of the rules of Application (“Rules”). They apply to any request to book, register or apply (“application”) to any class, course or workshop featured in any Essential School of Painting announcement or publication whether in print, electronic media (inclusive online and social media content) or public broadcast unless otherwise expressly stated in the application notice. By filling out an application you the applicant (“Student / Participant”) agree to be bound by these Rules.
  2. Rules specific to each application are defined on the Application Notice page.
    1. Such application notice may appear in publications as mentioned in clause 1 above. In the event of discrepancy between these T&C and the Application Notice, the Application Notice shall prevail.
    2. An ‘application notice’ includes but is not mutually exclusive to any publication about the purchase of artwork, a class, course, or workshop where such notice invites the applicant to purchase artwork, book or apply to a class, course or workshop provided by the ESOP.
  1. For the purpose of these T&C, the use of
    1. the terms class, course, workshop or event are mutually interchangeable unless specifically stated to be otherwise.
    2. The Essential School of Painting Ltd is also referred to as ESOP or the ESOP or the school. Further where the word ‘we’ or ‘us’ is used these too will refer to the ESOP.
    3. Artist-tutor, tutor, lecturer or teacher refer to one and the same thing.
    4. The school refers to the ESOP, its affiliate or its representatives or agents acting on its behalf and
      1. Depending on context, this includes our Artist-tutors, ESOP Administrators, Studio assistants and technicians, and any individual who is expressly identified as part of the ESOP.
      2. This DOES NOT include visiting artists or independent contractors working on our premises.
    5. Student includes any individual undertaking any ESOP course regardless of artistic experience.
    6. Participants include any individual taking part in any ESOP event or workshop.
    7. Purchasers includes any individual who purchases any artwork sold under the auspices of the ESOP and or its affiliates as described in clause 4(1) and (2) above.
    8. The words apply, book, register or application all refers to the same act and may be used inter-changeably to making an application to do a course at the ESOP.
B: ELIGIBILITY for Courses at the ESOP:
  1. Residential status.
    1. To qualify to book a course at the ESOP
      1. you must
        1. be eligible to enter into contract under the laws of the United Kingdom and as laid out by rules and regulation governing trade and contract by His Majesty’s government. 
        2. be legally resident in the United Kingdom; the address you provide with your application may be used to send any follow-up correspondence so please make sure this is correct.
      2. For online courses you must not be resident in a country that is on the sanctions list of HM Government.
      3. For more information on this clause please refer to the HM Government’s website https://www.gov.uk
    2. Applicants not covered by Cl 1. 1 above.
      1. EU Residents:  
        1. It will be your responsibility to ensure that you adhere to any rules or regulations that could affect your attendance of any course at the Essential School of Painting.
        2. Click here for rules and regulations as pertaining to EU residents applying for art courses within the United Kingdom based on agreements to be reached between the United Kingdom and the European Union following the UK Referendum of July 2016.
      2. Non-UK/EU Residents:
        1. For our studio bases courses please ensure you have all the necessary documentation to live and study in the United Kingdom before you apply for any activity held by the ESOP.
        2. For more information on how to meet these requirements please contact the British High Commission, Embassy or Consulate in your country of residence.
        3. Please note: The ESOP is not accredited to help meet any requirements for any visa applications or immigration requirements.
    3. By applying to study at the ESOP you hereby warrant that all information submitted by you is true, current and complete and, you bear full responsibility for any error or liability that arises from such application.
    4. The Essential School of Painting reserves the right to request proof of eligibility should it deem it necessary; this may include but is not restricted to providing valid photographic identification, proof of residence or proof of visa status.
  1. The ESOP assumes that by adhering to these terms and conditions, our publications, application notice and or by applying for a courseyou are or over eighteen (18) years of age and are legally able to enter into contractual agreement. If you are 17 years or less at the time of your application, your application must be present by your parent(s)/legal guardian(s), hereinafter referred to as guardian, who MUST be fully aware and have consents on your behalf to your application and to your adherence these terms and conditions. Such consent must be in writing and presented to the school prior to the start of your course. We STRONGLY recommend that you seek such permission and advice from your guardian prior to making any application with the ESOP.
  1. The ESOP reserves the right to disqualify any applicant if it has reasonable grounds to believe the applicant has breached any of the terms and conditions within this document.
  2. If any applicant is disqualified The ESOP in its sole discretion may decide whether a replacement should be selected. In this event any replacement will be selected on the same criteria as the original applicant and will be subject to these terms and conditions.
C: GENERAL COURSE PROVISIONS
  1. Places on Courses are allocated on a first to pay basis; we cannot guarantee your place on a course prior to receipt of full payment. If the course of your choice is fully booked, you will be offered the next available date.
  2. Attendance of the course or part thereof is at your discretion ‘Without Prejudice’ to clauses E.4.3 and F and [L:4]
  3. You are expected to comply with all rules and regulations issued by us and pay particular attention to any requirements as to health and safety, dress or the wearing of protective equipment.
  4. We will endeavour to supply the artist-tutor advertised for any Course but reserve the right to change the teacher or timing or content of any course due to the unavailability of the teacher for the Course at any time.
  5. Please pay particular attention to the details of each Course prior to booking. If you have a disability or in need of additional support, please contact us before booking as some courses may be unsuitable due to the nature of the location or demands of the course. Please ensure that you provide us with full details of any specific requirements that you may have and again we will endeavour to accommodate you.
D: FEES, REFUNDS AND CANCELLATION BY YOU
  1. All amounts payable must be received before the commencement of the Course. Your place on the Course is not confirmed and we have no obligation to you until full payment is received.
  2. The Course fees may include the cost of some basic art materials for studio-based classes however
    1. please see the specific course description (or contact the school) for details of the materials provided and for what you will need to bring to your class.
    2. Certain courses may incur supplementary charges for travel/materials which may be purchased through the school.
  1. Fees can be paid online by credit or debit card. Payments in advance by phone, post or in person are accepted however please contact the school prior to sending us any cheque payments.
  2. The school may accept fee payments in cash however this is at the discretion of the school and the payment must be made in person. We do not accept cash payment on the day. You will need to contact the school to arrange for this type payment.
E: CANCELLATION
  1. If you have to cancel up to three weeks before the start of the class, we will refund you 50% of your fee.
  2. In the case of a cancellation two weeks before the start of the class you will receive a 25% refund of the full fee. Where a cancellation is done within two weeks of the start of the class the fee is non-refundable.
  3. If, at any point, you wish to cancel and you can find us a student to take your place your place will be fully transferable. It will however be your responsibility to get any reimbursement from your replacement and not the school’s.  Please inform the school in due time about the replacement giving us the student’s full name and contact details.
  4. The following cancellation clauses are subject to clauses E1 and E2 above and where there is any conflict Cl. E1 and E2 shall prevail.

Cancellation initiated by you

    1. If cancellation by you occurs within 14 days after making your booking you are entitled to a full refund, however
      1. If the time between cancellation and the start date is less than twenty-eight (28) days but more than twenty-one (21) days to the start date you are entitled to transfer to a similar course on a different date of the same value or you can put your fee towards a course of greater value if you pay the additional sum required or to a 50% refund as stated in clause E1 above.
      2. If cancellation is between twenty-one (21) days and fourteen (14) days, you will receive a 25% refund, or you can transfer to a similar course on a different date of the same value less 25% of the fee paid.
      3. If cancellation is between fourteen days and 7 days, you are not entitled to a refund however 50% of the fee may be used towards payment to a similar class or towards a course of greater value if you pay the additional fee required.
      4. If cancellation is less than seven (7) days to the start date you will not be entitled to a refund.
    2. Read in conjunction with Cl. E1 and E2 above, and with exception of selective courses, friends and family may attend any course in your place provided we have been given 24 hours’ notice before the course commences. You will need to provide us with the names and contact details of anyone attending in your place.
    3. In the event of an illness (or family illness) preventing your attendance, we may, at our sole discretion and on a case-by-case basis
      1. vary our cancellation policy and we may ask for documentary evidence to make this decision.
      2. without prejudice to the aforementioned the school within reason will take the most sympathetic view possible when this clause E.4.3 is triggered.
    4. Courses purchased as gifts are subject to this cancellation policy.
    5. Any Courses purchased at a discount are subject to this cancellation policy and will be refunded to a maximum of the amount paid.

Cancellation initiated by The Essential School of Painting

  1. Subject to and without prejudice to our rights in clause Cl 4 above we reserve the right to cancel any Course at any time subject to the student receiving by choice of either a full refund, transfer to a course of the same value or a gift voucher to the same value. Please note that we will not refund the cost of any accommodation or travel that you may have booked (see clause J: 7 below)
  2. All our Courses have a minimum attendance level and may be cancelled if said minimum is not met.
  3. We reserve the right to cancel your attendance of a course at our sole discretion and provide you with a refund.
F: YOUR CONDUCT

1.   All students are expected to conduct themselves in a reasonable manner and in accordance with our rules and regulations and to recognise that other students also require support and assistance.

2.   If we in our sole discretion, consider that you have behaved in an unacceptable manner then we reserve the right to require you to leave the course/event immediately.

G: ACCOMMODATION AND TRANSPORT TO AND FROM COURSES

This clause is subject to the provision of Clause J.7 below.

You are responsible for arranging your own accommodation and transport where applicable.

  1. Although we may list local providers of accommodation or transportation on our website to try to assist you, you are responsible for contracting directly with the provider.

  2. When making your booking plan for cancellations whether that is as the result of a cancellation of a Course by us or by you.
H: ORDERING CLASSES
  1. The steps required to create these Terms are a legally binding contract between you and us are as follows:
    1. You place an order on the Site by going through the checkout when you are booking a class or alternatively you may call us and order by telephone; the provisions for online purchase will apply in the same way. You may only pay by way of debit or credit card (not cheques or cash).
    2. When your order is placed with us at the end of the online checkout process (e.g. when you click on the ‘pay’ button), we will email you to acknowledge that we have received your order. This order acknowledgement does not, however, mean that your order has been accepted by us.
    3. We may send you an email to say that we do not accept your order. This is typically for the following reasons:
      1. the class are not available
      2. we cannot obtain authorisation of your payment
      3. you are not permitted to purchase the course
      4. there has been an error by us on the pricing or description of the classes and in the event that the price has been entered incorrectly by mistake then we will contact you as soon as possible to inform you of the correct price
  1. We will only accept your order when we send you an email that confirms this (Confirmation email). At this point, a legally binding contract will be in place between you and us.
  2. When you buy classes from us under these Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods Act 1979 (as this Act has been amended from time to time). The law gives you certain legal rights including that the services are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (org.uk).
  3. When booking a class on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time-to-time errors might be made. Therefore, please ensure that you take enough time to read and check your booking before submitting it to us. If you need to correct any errors, you can do so before submitting it to us.
  4. If you are under the age of 18 you may not book any classes from the Site without prior agreement between an adult who is your parent/guardian and the school. Such consent will need to be sought for each purchase you make unless it is made in furtherance of a consented purchase.
I: PAYMENT
  1. You may pay for the classes by using credit cards and debit cards as set out on our website pages (but not by cheques or cash).
  2. We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the class is secure by using an encrypted secure payment mechanism but in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.
  3. Your credit card or debit card will only be charged when the classes are booked.
  4. All payments by credit card or debit card need to be authorised by the relevant card issuer.If your payment is not received by us and you have already attended the class that you booked from us, you must pay for such class within 30 days. If you do not pay for the class in accordance with this clause, we may collect the pay from you at your expense. We will email to let you know if we intend to do this.
  5. The fee for the class is quoted in GBP (unless stated otherwise on our Shop pages.
J: LIABILITY
  1. The following provisions set out our entire financial liability (including any liability for the acts or omissions of employees, agents and subcontractors) to you in respect of:
    1. Any breach of this Agreement; and
    2. any representation, statement or tortuous act or omission including negligence arising under or in connection with the Agreement.
  2. Save for provisions implied under Sale of Goods Act 1979, the Consumer Protection Act 1987(or any other law) which it is not permitted to exclude, all other warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from this Agreement.
  3. Nothing in this agreement excludes or limits our liability for personal injury or death caused by our negligence or fraudulent misrepresentation.
  4. Subject to Clauses J:1.A and J:1.B we will only be legally responsible to you for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into. We are not legally responsible for indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
  5. You are advised not to bring any items of special value onto our premises or on field trips. We will not accept responsibility for the loss of any personal possessions.
  6. We will not be liable for any loss suffered by you resulting from any course or event which is beyond our reasonable control including but not limited to acts of God, wars, riots, civil commotions, civil disobedience, malicious damage, compliance with any law or governmental order, rules, regulations or directions, accidents, breakdowns of plant or machinery, fires, floods, extreme weather , pandemics, epidemics or other outbreaks of disease or infection, or failure in the supply of electricity, heating, lighting or telecommunications equipment.
  7. Transport and accommodation arrangements made by you with the respective providers of transport and accommodation are outside the terms of this Agreement and we exclude all liability in relation to your transport and accommodation arrangements including any costs that you might incur in the event of cancellation of a course by you or by us.
K: DATE PROTECTION/ INTELLECTUAL PROPERTY

For purpose of this clause personal information is deemed to be the same as personal data. We define Personal Data as anything that allows a living person to be directly or indirectly identified. This may be a name, an address, or even an IP address. It includes automated personal data and can also encompass pseudonymised data if a person can be identified from it.

  1. We will only use the personal information you give us to
    1. help us provide you with courses, events and or workshops as per your request. This includes passing on your information to our financial payment platform to process any fees, costs or charges and any delivery service we deem necessary to courier information and or materials to you in aid of your studies with us.
    2. provide you with information on courses, events or workshops unless you tell us that you do not want to receive this information.
  2. We may sub-contract the provision of our classes or any element of it (including the hosting of our Shop and Website) and also the Provision of Courses to external teachers and by accepting these Terms you consent to this use and storage of your data. We will not pass your data to any other third parties
  3. All rights, title and interest in any copyright that is created in any works by you whilst on a course will vest in you upon creation, but you hereby grant a license of such copyright and the right to use such works and further your name and image in any photograph taken by us or on our behalf or supplied by you to us for advertising purposes including without limitation on our website and publications.
  4. The contents of our website are protected by international copyright laws and other intellectual property rights.We are the owner or the duly authorised licensee of such copyright and all intellectual property rights in the mark “The Essential School of Painting”. 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.
L: GENERAL
  1. We reserve the right to make changes to or suspend any aspect of our Website, Courses or publications from time to time.
  2. You undertake and warrant that all the information that you supply in relation to the booking of any Course is correct and that the credit or debit card (or other means of payment) is your own. We reserve the right to obtain validation of your credit or debit cards. Any breach of this clause L:2 entitles us to cancel your booking and attendance of the course without any refund at any time.
  3. We make no representations whatsoever about any other websites which you may access through our website, or which may link to our website. When you access any other website, you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of such a website and we shall not be liable for any loss or damage caused or alleged to be caused by such link/website.
  4. These Terms shall also apply to any person that is the recipient of a gift voucher or a person that attends a Course in substitution for the person that made the booking pursuant to the Contracts (Rights of Third Parties) Acts 1999 and references to “you” are deemed to include references to such attendee(s).
  5. All correspondence should be sent to the contact details provided to you when you make a Course booking. All correspondence should be sent to us at The Essential School of Painting, 47 Radbourne Crescent, London E17 3RR or Emailadmin@theesop.com
  6. Correspondence from the school will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or if by post 3 days after the date of posting.
  7. You agree to indemnify us in relation to any complaint or action taken against us by any third party as the result of your behaviour or actions whilst attending at a course or for any statements made or images posted on any site on the internet at any time. You further give your consent to the removal by us at any time and in our discretion of any content posted by you on our Website or any website or part of a website that is controlled by us and undertake to remove any posts made by you or material posted by you from any website immediately upon request by us without having to give a reason for such request.
  8. No failure or delay by us in enforcing any of our rights under the Contract shall be deemed to be a waiver of such right.
  9. The Essential School of Painting is the trading name of Alison Harper and Thomas Andrew Wamae, who both for purposes of this school operate as sole traders.
M: VOUCHERS

Vouchers whether print voucher or electronic vouchers (e-vouchers)

  1. Cannot be exchanged for cash and are non-refundable.
  2. Will be valid for 12 months from the date of purchase unless stated otherwise on the voucher itself.
  3. Any remaining balance will be cancelled on expiry of the validity period.
  4. In the event that any services are cancelled that were purchased with E-vouchers and you are entitled to a refund then the refund may be made in vouchers.
N: MODEL FROM OF CANCELLATION 

To The Essential Painting School

47 Radbourne Crescent

London E17 3RR

Tel Number: 020 8279 0904

Email: admin@theesop.com

I/We hereby give notice that I/We cancel my/our booking of the following class/course/workshop/event

Ordered on (Date)                                   (Month)                    (Year)

Name of Student

Address of Student                (Street)

                                                      (Town/City)

                                                      (Postcode)

Signature of Student

(Date)                        (Month)                    (Year)