Shine Terms & Conditions – effective as at April 2024

BETWEEN Shine School of Confidence Limited (“Shine”)

AND Parent/Caregiver/Student (“You”)

By enrolling in a Shine Class, You agree to the terms and conditions below.

1. Definitions

1.1 Class means the speech and drama Classes consisting of 8 lessons per School Term offered by Shine for pupils aged 3 to 18 years old as listed on our website.

1.2 Enrolment Form means the online form completed by You via the Shine website as a part of enrolling in the Classes.

1.3 Fees mean all fees charged for the Classes and all fees include GST.

1.4 Holiday Programme mean Classes provided by us between the School Terms.

1.5 Personal Information means Personal Information under the Privacy Act 2020 which includes any information which tells Shine something about a specific individual. The information does not need to name the individual, as long as they are identifiable in other ways, like through their home address.

1.6 Potential Student means those students (and if required their parents/caregivers/guardians) who are not enrolled in a Shine Class.

1.7 School Term means the school terms as set out by the Ministry of Education for each year.

2. Class Duration

2.1 Shine will provide Classes during the School Term. The Classes will commence during the first two weeks of the School Term.

2.2 Classes will not be held on any statutory holidays.

2.3 Length of Lessons

The duration lessons in the Class are as follows:

(a) Group lessons (maximum of 12 students) – 45 minutes

(b) Small Group (maximum of 4 students)– 30 minutes

(d) Individual lessons – 30 minutes

3. Class Fees

3.1 Class Fees for lessons on site

(a) Group lessons (maximum 12 students) - $260

(b) Small Group and Exam Lessons (maximum 4 students) $320

(d) Pair lessons - $405

(e) Individual lessons - $515

(f) At home lessons – $500.00 to $550.00

3.2 Class fees for lessons held online:

(a) Individual lessons: $58.00

(b) Pair Lessons: $45.00 per student

(d) 3 students $38.00 per student

(e) 4 or more students $35.00 per student

3.3 Exam fees – external providers

(a) Speech NZ

(b) Trinity

(c) Administration fee for process enrolment in external provider exams - $12.50 for each exam that you have enrolled in.

3.4 Shine Achievement award

$88.00

3.5 In the event the Fees are amended, Shine will provide one week’s written notice regarding the amended Fees.

3.6 Shine Sibling Discount

(a) Shine will offer a 10% discount on Fees if siblings are enrolled in Classes. Such discount will apply to group lessons only. In order to qualify for this discount, You must include the siblings name in the Enrolment Form.

(b) In the event the sibling/s withdraw from the Class the 10% is no longer applicable to the Fees charged for the following School Term.

3.7 Shine friends discount

(a) Shine will offer a 10% discount on Fees if You refer a friend to Shine. Such discount will apply to group lessons only. In order to qualify for this discount, You must include the friend’s name in the enrollment form.

(b) In the event the friend withdraws from the Class the 10% is no longer applicable to the Fees charged for the following School Term.

4. Payment

4.1 Shine will issue an invoice at least one week before the Class commences. Payment must be received prior to You starting the Class.

4.2 If You have enrolled during the School Term, the invoice will be sent to You on the day of enrolment. Payment must be made prior to You starting the Class.

4.3 Invoices must be paid according to the date of required payment stated on your invoice. Late fees will incur a

$28 penalty. Failure to pay your fees on time may result in the loss of the enrolment position.

5. Lessons

5.1 Free Trial Lesson

Potential Students are permitted to watch and/or participate in one free lesson, subject to space being available in that lesson. In the event the Potential Student wishes to enrol in a Class, they must enrol and pay the applicable Fee in order to attend the Class.

5.2 Re-enrolling

You will receive an email following the end of the prior School Term stating that unless You advise Us in writing, You will be enrolled for Classes in the following School Term. If we do not receive anything from You, You will be automatically enrolled for Classes in the following School Term.

5.3 Cancellation

(a) If you stop lessons partway through the School Term and/or the Class. You acknowledge that you will not receive a refund as provision has been made (based on fees paid by all students) for teachers and venue hire for the School Term.

(b) If you leave a Class part way through the School Term and wish to return the following School Term, You must re-enroll and pay your invoice. Any re-enrolment is subject to space being available in the Class of your choice

(c) In the event a tutor cancels a Class, You will (at your election) either receive a refund, be transferred to another School Term or another Class.

(d) If you withdraw from the Shine Achievement Award, Shine will refund the Fees paid less an administration fee of

10%

(e) If you withdraw from a Shine Holiday Programme, Shine will refund the Fees paid less an administration fee of

12.5%

5.4 Absences

(a) In the event You are absent from a lesson, You are required to notify Shine (shine@shine.school.nz) of the absence at least 2 hours prior to the lesson time.

(b) In the event You are ill or injured, You are permitted to attend another lesson without charge during the same School Term, subject to availability and teacher approval.

5.5 Refunds

(a) Refunds will not be given if You are absent from class due to illness, injury or personal circumstances. However if You are absent for more than 3 consecutive weeks and Shine has been advised of the absence and or injury, Shine may provide a partial credit for the Fees paid if a doctor's certificate is provided.

(b) For the purpose of clarity, refunds and the ability to attend make up lessons are not applicable if You did not attend a Class due to a holiday.

6. Teachers and transfers

6.1 Replacement Tutor

(a) If the tutor is not available for the lesson, Shine will advise you in writing and arrange for a relief tutor. All tutors are vetted by Shine. This includes Shine receiving a satisfactory police report and have received a Limited Authority to Teach from the Teaching Council of New Zealand.

(b) In the event a tutor cannot be found for that class, You will receive a credit for that lesson and may attend another class subject to availability of space.

6.2 Transfer of Class to another day/time/location

At Shine’s discretion, You may transfer to a different class on a different day, but this is subject to availability of space in that class.

7. Drop off and Pick ups

7.1 Where You are being dropped off or picked up prior to the class, You must not wait more than 10 minutes.

7.2 In the case of any student who is 10 years of age or under, the student's parent, caregiver or guardian must wait with the student until the class starts and pick up the student immediately upon the class finishing, and, if the student is young, supervise them during any visits to the toilet.

8. Covid-19 Policy

8.1 In the event New Zealand is subject to an epidemic notice and the Government requires that all schools cannot be open for on site instruction and therefore must be closed, Classes will be delivered online. The Classes will continue to be held online until such time as the Government allows all schools to be open for on site teaching.

8.2 In the event that Shine is not able to provide the Classes online, Shine will refund the Fees paid on a pro-rata basis less an administration fee of $20.00.

8.3 During the period where Classes are held on site, but there may be Covid-19 restrictions (e.g. wearing masks), Shine will adhere to all Government policies regarding Covid-19.

9. Holiday Programmes

All Holiday Programmes are subject to sufficient enrolments. Until such time that sufficient enrolments are received as well as payment, the Holiday Programme may not be held and Shine reserves the right to cancel any such Holiday Programme if this occurs.

10. Examinations

Any exams provided by us are subject to any Exam Fee being paid prior to the examination taking place.

11. Privacy Policy and Contact details

11.1 You must ensure that You have provided Shine with your contact details and Shine will rely on You to update these details. These details include your: full name, phone number and email, and date of birth and Your parent or caregiver if You are under the age of 18.

11.2 Shine will not disclose your Personal Information without Your explicit consent, including if You are entering a performance exam with Trinity College of London or Speech NZ.

11.3 Privacy Policy

(a) The Privacy Policy sets out how Shine and its employees obtain, use and disclose Your Personal Information (as defined in the Privacy Act 2020), including through our website and social media. Shine is required to collect Personal Information in order to provide the Classes.

(b) Shine acknowledges that it is bound by the 13 Information Privacy Principles established under the Privacy Act 2020. Protecting Your privacy and the confidentiality of your Personal Information is fundamental to the way that Shine does business. You consent to the following:

(i) Name.

(ii) Date of birth.

(iii) Gender.

(iv) School year.

(v) Contact details.

(vi) Address.

(vii) Information contained in the Enrolment form.

(d) Ways in which Shine collects your personal information:

(i) When disclosed to Shine by You.

(ii) When You sign up to the Classes and provide the information in your Enrolment Form.

(iii) When You provide information such as credit card information.

(iv) When You provide us authority to use a photo of You and Shine will arrange for a separate privacy form must be completed by You before Shine is permitted to post any photos, and or videos and recordings. Shine acknowledges that this consent is provided in order to advertise the Shine Classes, uploading on social media for any exam results.

(v) When You visit our social media sites. You acknowledge that when You visit any social media sites You are subject to the terms and conditions of that site, including privacy disclosures.

(vi) When You visit our website.

(vii) When You complete the Enrolment Form.

(e) You consent to the Personal Information to be used in accordance with the Privacy Policy by any one or more of the following:

(i) Administering the Shine Classes;

(ii) Advertising Shine Classes.

(iii) Monitoring and improving the performance of the students and the Shine School;

(iv) Developing and improving the Shine Classes;

(v) Providing that information to external exam holders;

(vi) Using your photos on our website in order to advertise Shine Classes.

(vii) Providing training to employees and tutors of Shine;

(viii) Any other purposes You have been given notice of in the Enrolment Form.

(f) Your personal information may only be disclosed to:

(i) The person to whom the personal information relates;

(ii) External exam providers; and

(iii) As may be required or permissible by law.

(iv) To schools where Classes are conducted to show the names of the students enrolled in the Classes.

(v) Shine and its employees and tutors have access to Your information. Some of your Personal Information may be disclosed overseas to external exam providers. Shine refers to Information Privacy Principle 11 and Information Privacy Principle 12 of the Privacy Act 2020. You acknowledge that You have consented to the potential disclosure of your Personal Information to the overseas entities under Information Privacy Principle 11(c) and that any potential disclosure of Your Personal Information is made in accordance with Information Privacy Principle 11(1)(a). You therefore acknowledge that Shine has complied with Information Privacy Principle 12(1) and Shine refers specifically to subclauses 12(1) (a), 12(1)(c) and 12(1)(e).

(g) Shine may use Your Personal Information to keep You informed of upcoming events and/or to offer You Classes that Shine believes may interest You. If You do not want to receive such communications from Shine, please contact Shine.

(h) Storage of Personal Information.

(i) Shine ensures that Your Personal Information is kept securely and Shine takes all reasonable steps to protect all Personal Information from misuse, interference, loss unauthorised access or disclosure.

(ii) Shine cannot provide a guarantee with respect to the security of Your Personal Information and Shine will not be liable for any breach of security or unintended loss or disclosure of information.

(i) Access to Personal Information

(i) You are entitled to see what Personal Information Shine holds, including if Shine holds any of your Personal Information and in particular:

(ii) To seek confirmation from Shine that it does hold Personal Information;

(iii) To have access to that Personal Information; and

(iv) If You believe that the Personal Information is not correct, You may request in writing that Shine corrects the information.

(j) Please note that Shine may refuse to provide You access to the Personal Information as follows:

(i) Disclosing the information would disclose Personal Information about another individual;

(ii) The request is frivolous or vexatious or the information request is trivial;

(iii) The information is not readily retrievable;

(iv) The information does not exist or cannot be found.

(k) Shine will inform You of the reason why within 5 days of receiving the disclosure request.

12. Intellectual Property

Copyright and other intellectual property rights in poems, plays, songs and other works created and used in classes and performances remain the artistic and intellectual property of Shine and/or the Shine tutors. These works must not be copied or reproduced or used without prior written permission of the tutor involved and Shine.

13. Shine Visitor Code of Conduct

13.1 By enrolling, the student and their parent, caregiver or guardian agree to adhere to the Shine Visitor Code of Conduct set out below.

13.2 Compliance with the rules, policies and procedures contained in this Code constitutes a requirement of entering, visiting our Shine venues

13.3 You and any visitors are expected to:

(a) exercise expected and decent standards of behaviour;

(b) demonstrate courtesy and respect for other visitors, Shine staff and students;

(d) maintain appropriate standards of attire

13.4 Visitor Rules

(a) All visitors to Shine venues are expected to follow our in-house rules to help our students focus on their lessons including the following:

(i) Please be mindful of noise levels that may impact on lessons.

(ii) Please respectful and considerate of the school or venue and fellow occupants.

(iii) Please report any damage you cause or notice to shine@shine.school.nz

(iv) Please promptly report any safety concern, accidents, or injury to your Shine Tutor.

(v) Shine takes no responsibility for personal belongings, but will keep a lost property box till the end of the term

14. Child Protection Policy

Shine’s Child Protection Policy is attached to these terms or may be accessed via our website.

15. Amendments to Terms and Conditions

Shine may amend these terms and conditions from time to time and Shine will provide one weeks written notice of any amended terms.

16. Dispute Resolution

If any dispute arises between the parties, the parties must aim to resolve the dispute within 5 working days of the dispute arising. The party alleging the dispute must write to the other party detailing the dispute within 5 working days of the dispute occurring. The other party then has 5 working days to reply with the aim of resolving the dispute. The party alleging the dispute then has 5 working days after the receipt of the reply to accept the proposed action to resolve the dispute.

17. Termination

Shine will terminate Your enrolment in a Class if You:

17.1 Breach the Visitor Code of Conduct.

17.2 Do not pay any invoices in the time stipulated in the invoice.

17.3 Are abusive to another student or tutor or any employee of Shine.

17.4 Injure another student, tutor or employee of Shine.

17.5 Take any illegal substances at the location where the Class is being held.

17.6 Appear to be under the influence of any illegal substances whilst enrolled in a Class.

17.7 Fail to attend a Class without notice for three consecutive weeks.

18. Indemnity

Shine accepts no responsibility for:

18.1 Loss of possessions and You acknowledge that You are solely responsible for Your possessions while enrolled in the Class.

18.2 Injury unless that injury is caused due to the tutor’s, Shine or Shine’s employees’ negligence.

18.3 Injury caused to You due to You not following the directions of Shine or the tutor.

19. Governing law

These Terms are governed by the laws of New Zealand are subject to the Courts of New Zealand.