Terms of service
Terms & Conditions Agreement
The Online Actor Training Studio
Please ensure that you have read, understood and accepted these Terms and Conditions before you complete a registration for a trial, audit, course, coaching session or workshop. By completing a registration, you will be deemed to have read, understood and accepted the Terms and Conditions outlined below:
1. INTRODUCTION
By purchasing products or services from The Online Actor Training Studio you acknowledge and agree to be bound by the following terms and conditions (the “Terms of Service”, the “Terms of Trade” or the “Terms”) which together with The Online Actor Training Studio Privacy Policy, governs The Online Actor Training Studio relationship with you in relation to our website and our trade. The Online Actor Training Studio reserves the right to change any provision in these Terms.
No amendment, alteration, waiver or cancellation of any of these terms is binding on The Online Actor Training Studio unless confirmed by us in writing. The customer acknowledges that no employee, sub-contractor or agent of The Online Actor Training Studio is authorized to make any representation, warranty or promise in relation to the goods or services sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by us.
INDEMNIFICATION
The Customer shall indemnify, defend and hold harmless the The Online Actor Training Studio and its officers, directors, employees, agents and shareholders, and their respective successors and assigns from and against all losses, claims, demands, proceedings, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, penalties and amounts paid in settlement) of any kind or character, arising out of or in any manner incident, relating or attributable to any breach by Customer of any applicable laws.
The Online Actor Training Studio is not responsible for anything you do, or that happens to you outside the classroom, in any regard, personal, professional or otherwise. Everyone involved accepts 100% responsibility for the choices and actions they make inside and outside of The Online Actor Training Studio classrooms (virtual or otherwise). Additionally we make no claim that any advice, practices, techniques or lessons taken from the The Online Actor Training Studio will automatically result in job opportunities in the entertainment industry. Additionally we are not able to introduce you to any acting industry contacts, and are not responsible for any discussions you may have with any industry professionals. The Online Actor Training Studio cannot make you famous.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You should check these Terms from time to time to ensure that you are happy with any changes. This policy is effective from October 1, 2020.
2. DEFINITION OF LANGUAGE USED HEREIN
A. “We”, “us”, “our”, “ the Studio”, "the Company", "Company", represents The Online Actor Training Studio
B. “You”, “your”, ‘’customer”, "student" mean any entity including but not limited to a business or natural person or website visitor who purchases products and services sold by The Online Actor Training Studio.
C. “Products” mean all audits, trials, courses, classes, private lessons, coaching sessions, workshops and master classes sold, advertised, distributed and/or delivered by The Online Actor Training Studio to the customer.
D. “Services” mean all services provided, sold and extended by The Online Actor Training Studio to the customer including but not limited to the service of providing an online order process on our website.
E. ‘Ordering’ means the process of purchasing one of our products.
3. SERVICE OVERVIEW
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province or country of residence, or that you are the age of majority in your state or province or country of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are not the age of majority, you have been given permission by a parent or guardian to use this site and attend any trials, audits, classes, sessions and/or workshops.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
4. COURSE AUDIT
4.1. Where a new student/customer is attending a Course for the first time, subject to availability, The Online Actor Training Studio may allow an audit session so that the customer may observe the class environment. There is limited availability for this options, and it is offered at the sole discretion of The Online Actor Training Studio. The customer agrees not to reveal to any outside party the information presented in the audit session, and agrees not to record the session in any way.
5. ORDER PROCESS
The Online Actor Training Studio products or classes are sold online on our website. We may also provide customers with an invoice for payment of products either sold on our website or not sold on our website such as workshops or merchandise.
When placing an order on our website you agree to pay all moneys in the transactions regardless of whether you attend classes or not. Failure to pay will result in your being refused our services in future and immediate request for you to pay the funds you owe us, as well as the possibility of pursuing legal action against you to claim any funds owed.
6. PAYMENT FORMS AND PRICES
A. Prices displayed on the website are in American Dollars (USD).
B. The Online Actor Training Studio reserves the right to change prices without prior notice to the customer.
C. The Online Actor Training Studio accepts the following methods of payment:
i.) Credit Card including and limited to VISA, MasterCard, Discover and American Express.
ii.) PayPal
iii.) Apple Pay & Google Pay (dynamically available to some customers)
D. The Online Actor Training Studio reserves the right to pass onto the customer any fees charged to it by the credit card and payment gateway company.
E. Payment is considered complete when all funds have been paid, received and cleared.
Failure to pay in accordance with these Terms and Conditions will result in The Online Actor Training Studio undertaking any debt collection action against the customer that is open to us to take.
F. The customer agrees to pay The Online Actor Training Studio any and all costs associated with and howsoever arising from debt collection action against the customer that is open to us to take, which includes but is not limited to legal costs and costs for submitting an unpaid account to a debt collecting agency.
7. CANCELLATIONS & REFUNDS
The Online Actor Training Studio classes, courses and workshops have attendee limits. As a result we operate on a strict cancellations and refunds policy:
A. The Online Actor Training Studio reserves the right to cancel any of our classes, courses and workshops if we have not filled requisite number quotas for a particular class, course or workshop. If we cancel a product for which you paid, we will refund your payment through the same payment medium in which your payment was received.
B. We will refund full payment for a class provided you notify us in writing of your wish to cancel within 24 hours of the initial purchase of the class. The 24 hour window begins as soon as you have completed purchase. After the 24 hour window has passed, all sales are final, non-transferable and the purchase will not be refunded. This writing communication must be done via email to info@theonlineactor.com
C. We will not process a refund if you have paid for a course or workshop and choose to leave before its completion.
D. You are required to pay for the entire number of classes in a session, regardless of the number of classes that are actually attended.
E. Any classes missed by the student, do not qualify for a refund, rollover or “credit” towards another session of classes.
F. Any purchases made for classes, coaching or workshops are eligible for a credit for up to 2 weeks from the purchase date. After the purchase date has passed, no refunds will be given.
G. Students/customers need to cancel/reschedule through our scheduling service, Calendly at least 24 hours in advance or the class or the fee/credit will be lost. If a student/customer cancels or reschedules and books a new date, the 24 hour grace period will not apply to the new date. If they are not able to attend the new date for any reason, the fee/credit will be forfeited.
8.) CLASS CREDITS AND EXPIRATION
"Class credits" purchased on our website, which hold the equivalent value of 1 group class or 1 hour of private coaching, must be used within the expiry period. Each credit lasts 1 month total. If 2 credits are purchased at once, they both last 2 months total. If 3 credits are purchased at once, they all last 3 months total, etc. If credits are not claimed and used within the expiry period, they are lost/forfeited.
9. ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We will use the email you provided us with to communicate with you, and we ask you to check your email account frequently (at least weekly is recommended) for important communications. As such, the Studio cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from not checking your email.
Email, text, and voicemail are our only accepted official forms of communication from you. If you choose to contact us via any other means, including through our social media accounts, we may not be able to process your inquiry in a timely manner, or may not be able to process your inquiry at all. As such, we will not be liable or held responsible for any damages that may arise from you failing to contact us via our accepted communication channels.
10. HEALTH AND SAFETY
10.1. Students participate at their own risk and either Parents or Students are obliged to inform The Online Actor Training Studio and its staff of any existing injuries or medical conditions. All application forms must have any known medical conditions stated and any changes to such information must be notified to The Online Actor Training Studio immediately in writing.
10.2. If you are unsure whether a Student should participate in any activity please consult the Student's Doctor before enrolling the Student on a The Online Actor Training Studio Activity.
10.3. Any medication left on the school premises must be clearly labelled and the Student should, unless The Online Actor Training Studio has agreed in writing otherwise, be able to administer it themselves.
10.4. Students must wear suitable footwear and clothing at all times.
10.5. If a Student is unwell or has an accident requiring emergency treatment, the Parent will be contacted via the emergency contact details provided below or on the enrolment form. This number must always be contactable whilst the Student is attending the The Online Actor Training Studio.
10.6. Parents are solely responsible for ensuring that the emergency contact details on The Online Actor Training Studio records are up to date.
10.7. Portions of the online activities are recorded and held for a period of four weeks or more for safeguarding and quality review purposes.
11. CONSENT TO BE FILMED
In addition to the capture and use of your likeness during class as part of video recordings for your own personal use, you consent to the capture of still images (photographs), moving images (film/video), audio recordings of you during classes, workshops, and sessions.
You accept that the subsequent images and recordings may be in a number of media, including but not limited to print, digital and electronic and may be used by the The Online Actor Training Studio and/or by agents authorized by the studio for educational material, online courses for sale, promotional, advertising and/or marketing purposes in appropriate file formats via web-based and/or other digital and/or print methods. You understand that (1) editing may be required by The Online Actor Training Studio or by agents authorized by the Studio for quality or technical purposes; (2) edited subsections may be used in other Studio materials for purposes stated above; (3) the image(s) and/or recording(s) will be stored securely in appropriate file formats on reputable servers and held in accounts belonging to the Studio and/or its authorized agents.
You also give consent for all of the above during workshops or sessions conducted by members and staff of The Online Actor Training Studio in other environments or on other platforms or in other groups, including, but not limited to "The Membership" (themembership.co)
12. GENERAL
12.1. The Online Actor Training Studio may, at its own discretion, refuse a student entry to a The Online Actor Training Studio or Zoom session of a The Online Actor Training Studio if it is felt that the Student's behaviour is unacceptable.
12.2. The Online Actor Training Studio reserves the right to make changes to the timetable, teaching staff and advertised programme including the programme delivery mechanism (for clarity this could mean that we switch to recorded delivery of some lessons) in the event of illness or other circumstances beyond our control.
12.3. Where a session run by The Online Actor Training Studio has to be cancelled by The Online Actor Training Studio, Principals will give as much notice as possible. In the event of a last minute session cancellation, you will be notified by email, text message, a call to your cell phone or through a designated The Online Actor Training Studio social media site. Parents must ensure that they provide their Principal with up-to-date contact details.
In the event of a session by The Online Actor Training Studio being cancelled, The Online Actor Training Studio will provide substitute lessons where possible either in an alternate venue, or different online time and/or date. If no alternative can be offered, The Online Actor Training Studio will provide refunds for lessons that are unable to be fulfilled.
12.4. In the event that a Student is unable to attend a session by The Online Actor Training Studio, due to sickness, holiday or a decision by the Parent or Student not to attend, The Online Actor Training Studio regrets that it is unable to refund any payment.
12.5. Attendees of sessions run by The Online Actor Training Studio, including students and observers, agree not to record the session in any way. They also agree not to post any video clips of the session without express written permission given by The Online Actor Training Studio. Photos also require express written permission to be captured and/or posted.
12.6. These Terms & Conditions, together with any Fee Note, Acceptance Letter and/or Venue Sheet, constitute the entire agreement between the parties which supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13. NON-DISCLOSURE & CONFIDENTIALITY
Confidential Information & Non-Disclosure - The Online Actor Training Studio takes pride in its proprietary information included in each class/session. As such, the customer agrees and acknowledges all Confidential Information shared through all sessions, which include participation in classes, courses, Discord and Facebook group discussions, Instagram and Facebook direct messaging, and private training/coaching, and by the Company is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
- Any systems, sequences, processes or steps shared with Customer;
- Any information disclosed in association with this Agreement;
- Any systems, sequences, processes, or trade secrets in connection with the sessions or our business practices.
Testimonials - We also agree to protect Customer’s personally identifiable information. However, from time to time, we may use statements about the customer’s success for testimonials as part of our marketing strategy. By agreeing to these Terms, the customer agrees to The Online Actor Training Studio sharing the customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.
14. INTELLECTUAL PROPERTY & LIMITED LICENSE
Intellectual Property - This Subscription and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Customer acknowledges that his/her purchase of this Subscription is for his/her/its individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Subscription without prior written consent or unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
- Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
- Copying any of Company’s content and/or material for Customer’s commercial use;
- Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent
15. INDEMNIFICATION / LIMITATION OF LIABILITY
Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in the Subscription or use of the Subscription, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Subscription.
APPLICABLE LAW:
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
CODE OF CONDUCT
Drugs & Alcohol
Illegal drugs are forbidden at the The Online Actor Training Studio. The consumption
of illegal drugs and alcohol is forbidden during class exercises. Being under the
influence of drink or drugs during class hours will not be tolerated under any
circumstances and may result in the student’s immediate dismissal.
The Studio has a non-smoking policy, therefore no smoking is allowed in and around any part of the studio. Vaping and e-cigarettes are also not permitted.
Behavior Expectations
The Online Actor Training Studio expects all students to conduct themselves at all times in an orderly manner, respecting the rights, privacy and property of others. Due to the nature of the class work, which may include discussion of age appropriate themes, use of adult language, and the use of age appropriate materials and props, students will be required to demonstrate high levels of maturity whilst participating in their classes.
Respecting Others
Students agree to abstain from the following prohibited actions and/or behaviors:
A. To solicit others to perform or participate in any unlawful acts;
B. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
C. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
D. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Violation and Removal
The Online Actor Training Studio reserves the right to remove any participant from a workshop, session or course with immediate effect, if they are found to be in breach of this Code of Conduct, or their behavior is such that results in property damage, endangering others or self or in impede the progress of other participants. Students will be held financially responsible for any damages and fees previously paid to The Online Actor Training Studio will not be refunded.
Safety & Liability
Students are required to follow safety instructions from the teacher or coach teaching the class at all times. All participants in classes have a legal responsibility to take all reasonable precautions to maintain their own safety and not to endanger other participants in the class and are liable for their own actions.
The Online Actor Training Studio is not responsible for any injury caused by or to a student or any other person neither by that student, nor for the loss or damage to any personal property of a student or caused by a student arising from participation in classes or from the activities of The Online Actor Training Studio. Each student agrees to participate in classes at his or her own risk and will release The Online Actor Training Studio, its employees, and contractors from any claim which a student might otherwise be able to make.
Tardiness & Absences
If you are going to be late or are unable to attend a class, please inform The Online Actor Training Studio and/or your scene partner immediately by email before the class begins, for the support of your colleagues. You agree that this may result in forfeited of your fee or class credits too.
EXTERNAL WORKSHOPS, CLASSES, AND SESSIONS
All of the above terms also apply during workshops or sessions conducted by members and staff of The Online Actor Training Studio in other environments or on other platforms or in other groups, including, but not limited to "The Membership" (themembership.co).
I have read and agree to accept Terms and Conditions of the The Online Actor Training Studio as well as the guidelines set forth in the Privacy Policy and Code of Conduct. I understand that these may change from time to time without invalidating my acceptance, and that the current terms and conditions will be available to me via The Online Actor Training Studio website. I am satisfied that appropriate information about the classes has been available to me prior to enrolment. I confirm my intention to attend the classes in which I have been enrolled and I am aware of the commitment required.
APPLICABLE LAW:
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.