Brothers Hair Academy Course Terms and Conditions
By booking onto a training course and paying the applicable course fees you (“you”) are acknowledging that you have read, understood and agree to be bound by the terms and conditions contained in these Terms and Conditions (“Terms”). PLEASE READ THESE TERMS CAREFULLY HAVING PARTICULAR REGARD TO THE PROVISIONS OF CLAUSE 10 (LIMITATION OF LIABILITY).
AGREED TERMS
1. INTERPRETATION
1.1 Definitions
Head Office: means the appointed Head Office Personnel of Brothers Hair Academy from time to time.
Contract: the agreement made between Brothers Hair Academy and you on and subject to these Terms.
Course: the course that you sign up to by way of order accepted by Brothers Hair Academy which shall run from the Course Start Date to the Course End Date.
Course Start Date: the start date notified to you once you have made a booking and paid your applicable Fees.
Course End Date: the end date notified to you once you have made a booking and paid your applicable Fees.
Registration Fee: a fee required to secure your place payable when booking the course.
Deposit: a deposit of 30% payable to start the Course.
Fees: the fees payable in connection with the Course which will be set out in your accepted Order (to include the Deposit).
Brothers Hair Academy: registered Head Office address is at 160 Kemp House, City Road, London EC1V 2NX;
Order: your online or in-person order for attendance upon a Course which shall be made upon these Terms; and
Services: The Course programme delivered by Brothers Hair Academy
1.2 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.3 A reference to writing or written includes email unless expressly stated otherwise in these Terms.
2. COMMENCEMENT AND TERM
2.1 Where you wish to enrol on a Course, you should book via our website or place via the telephone number associated with your jurisdiction, stating which Course you wish to attend, selected Course Start Date; your level of experience and any other information required as indicated via the website or on the phone call.
2.2 If we are unable to accept your Order, we will inform you of this and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Course or Services therein that you have ordered.
2.3 Our acceptance of an Order will take place when we write / email to you to accept.
2.4 A legal contract shall be formed between Brothers Hair Academy and you on the date upon which deposit payment of Fees has been made in accordance with clause 7. The contract between the parties shall be subject to these Terms. Our Course group sizes are deliberately kept small to allow us to provide a high level of quality supervision, please note that your place will not be reserved until you have made payment in full and will be allocated on a first-come first-serve basis upon payment.
2.5 Subject to payment in full of the Fees and any notification otherwise in accordance with these Terms, the Course will begin on the Course Start Date and will continue until the Course End Date, unless terminated earlier in accordance with clause 9, amended in accordance with clause 3.4, or suspended in accordance with these Terms.
2.6 Brothers Hair Academy reserves the right in its absolute discretion to decline any application for enrolment on a Course.
3. OUR OBLIGATIONS
3.1 Brothers Hair Academy will deliver the Course from the Course Start Date in accordance with these Terms.
3.2 In delivering the Course, Brothers Hair Academy will:
Provide the level of care, skill and diligence reasonably expected of a business practice in Brothers Hair Academy industry, profession, and trade.
Only use personnel who are suitably skilled and experienced to perform the tasks assigned to them.
Ensure that it obtains, and maintains all consents, licences and permissions it may require, and which are necessary to enable it to comply with its obligations in these Terms.
Provide the barber chairs and workstation required for the Course subject to clause 3.
Whilst maintaining the discretion to vary the Course in accordance with clauses 3 & 3.3, use reasonable endeavours to ensure that the Course materially conforms with the course description set out on the Bothers Hair Academy website or as otherwise advised to you at the time a contract is formed between the parties in accordance with clause 2; and
Observe all applicable health and safety rules and regulations.
3.3 Brothers Hair Academy reserves the right to make changes to the Course syllabus from time to time.
3.4 Brothers Hair Academy reserves the right to amend the course structure or suspend dates and times in the event of delays or circumstances that are outside of Brothers Hair Academy reasonable control, which may affect the running and location of the course booked.
3.5 All Courses and Fees are subject to change without prior notification and Brothers Hair Academy reserves the right to cancel a Course where there are insufficient numbers booked on for it to be viable to run. In the event of cancellation in accordance with this clause 5, you will be refunded any Fees paid in their entirety.
4. ATTENDANCE & SICKNESS
4.1 Except for Courses that are specifically stated as being appropriate for beginners, you must have the minimum level of ability stated on the online course prospectus under suitability requirements. If you are unsure as to whether your level of experience is adequate, then please contact Brothers Hair Academy to schedule a need assessment and pay the fee associated with that option. By booking on any course other than those targeted at an individual with your level of expertise, you hereby confirm that you have the necessary ability to undertake the level of the relevant Course. Refunds will not be granted where it subsequently transpires that you do not have the necessary expertise. In such cases Brothers Hair Academy reserves the right to move you onto another course or take you off the course without refund.
4.2 You:
Will maintain a minimum attendance rate of 85% of scheduled classes per week throughout the Course.
Understand and accept that poor attendance will adversely impact your learning, affect your final grade, and could eventually lead to you being dismissed from your Course in accordance with clause 9; and
Notify will be sent automatically the Head Office by instructor’s app inputs only if you later or absent student will be required to add-hear to their assigned schedule.
4.3 It is at the absolute discretion of Brothers Hair Academy to repeat classes that you have been unable to attend for any reason.
4.4 Non-notified lateness or absenteeism without justifiable cause or consent constitute a breach of the behavioural requirements set out in clause 5 and may result in you being dismissed from the Course without any entitlement to a refund.
4.5 It is your responsibility to inform our Head Office if you have an ongoing, or legacy, health issue that may affect your training at the academy, and if you are currently on medication that may affect your coordination, balance, or state of mind and by implication your performance on the Course.
4.6 It is your responsibility to inform our Head Office promptly of any issues, including but not limited to those of a social, educational or religious nature, that may affect your ability to attend or complete any part of the Course.
5. BEHAVIOUR, ETIQUETTE & EQUIPMENT
5.1 By signing these terms and conditions, you are agreeing to uphold the highest standards and etiquette whilst training at Brothers Hair Academy. These include, but are not limited to:
No smoking unless this is during allocated breaks and in permitted areas.
No controlled drugs, unless prescribed, or alcoholic beverages are allowed on Brothers Hair Academy premises.
Not attending the Course whilst intoxicated.
No aggressive behaviour, racism, sexism, homophobia, or other offensive behaviour.
No wilful or reckless damage to Luke Anthony’s Barbering Academy property.
Prompt attendance.
Notification of any period of absence in accordance with clause 4.2.
Being appropriately dressed: no open-toed shoes, shorts, or vests, dark sunglasses and hats;
Acting respectfully towards tutors, staff, students, clients, guests of Brothers Hair Academy or anybody else in attendance at any Brothers Academy premises is required.
5.2 The use of mobile phones during the Course is strictly limited to use during break times. Any use of mobile phones more than this clause 2 is at the discretion of the tutor and Academy Manager.
5.3 It shall be your absolute responsibility to ensure the safekeeping of your equipment. You will be liable to pay the full cost of replacement of any personal belongings belonging to, or provided by, Brothers Hair Academy that is lost or damaged beyond repair.
5.4 Any items, personal property or valuables brought to the Course and/or left on the premises are not the responsibility of Brothers Hair Academy and are left entirely at your own risk and should not be left unattended by you at any time.
5.5 By accepting these Terms, you are acknowledging that you have read and understood Brothers Hair Academy Health and Safety and induction documentation, which can be found on the student notice board at each academy.
5.6 We will periodically use images and videos from the Course for publicity and commercial purposes. If you do not wish for your image to be used for these purposes, you must inform the Academy Manager prior to the Course Start Date by email. Where you have not informed us of your objection to usage of your image, by attending the Course, you confirm that you are happy for us to use your image in the manner set out in this clause.
5.7 If you are disruptive to other students, breach any of the behavioural or etiquette requirements set out above, endanger yourself, or otherwise breach Brothers Hair Academy Health and Safety and induction documentation, Brothers Hair Academy reserves the right to require you to leave the premises and/or dismiss you from the Course. If you are asked to leave the Course for any of these reasons, then you will not be entitled to a refund of Fees.
5.8 All students need to provide their own Barbering kits following Covid-19, a choice of kits can be purchased via our website, orders fulfilment and delivery time will vary depending on third party courier schedule.
6. GRADING
6.1 Brothers Hair Academy adheres to a transparent grading policy (pass, merit, distinction) and grades will be based on passing required units and providing evidence of completed work.
6.2 You will receive one grade on completion of the Course that combines:
Technical Ability: the standard that you cut hair and providing evidence of completed work; and
Attitude: your ability to comply with the rules and standards expected during the Course, including attendance, as set out in these Terms and will be communicated to you from time to time.
6.3 Brothers Hair Academy reserves to the right to withhold any certificates due to learners not completing the required units and work.
6.4 Where you are unable to complete a Course for any reason, you shall not be awarded a grade unless and until you have retaken that Course or otherwise completed it to the satisfaction of your instructor.
7. PAYMENTS, REFUNDS & FINANCE AGREEMENTS
7.1 All Fees must be paid by the due date of the invoice that Brothers Hair Academy issues to you, which shall be a date prior to the Course Start Date.
7.2 The Registration fee must be paid when booking the Course. No booking will be accepted without payment of the Registration in full.
7.3 Courses can ONLY be cancelled or deferred if you may request to us in writing. We will confirm your cancellation or deferral in writing to you.
7.4 Your place on the Course will only be guaranteed once full payment has been received. In the event of late payment (more than 14 days) of any Fees due to us, you risk forfeiting your space on the Course (without Brothers Hair Academy incurring any liability). A Signed Finance Agreement is required to proceed with payment options otherwise full payment is required one month before the course start date.
7.5 If you fail to pay the full Fees applicable to a Course, you will not be entitled to sit any exam or examinations relating to the Course and will not be credited or awarded with the qualification relating to the Course.
7.6 All Fees are stated inclusive of any Taxes require by relevant government authorities and must be received without deduction be bank transfer into our account, details of which will be confirmed to you at the date of booking.
7.7 You are solely responsible for any other sales, use, excise, or other taxes or duties or bank fees that may arise in connection with the provision of the Course. You will reimburse Brothers Hair Academy if we become liable for the payment of such taxes or deductions.
7.8 If you fail to attend or complete the Course for any reason, or your participation on the Course is terminated by Brothers Hair Academy in accordance with clause 9, then you will not be entitled to any refund of Fees or to request that we re-run the Course on another date.
7.9 Any refund for failure to attend or complete the Course is entirely at the discretion of Brothers Hair Academy. There is no guarantee that allowance will be given for absence or lateness, including where this results from personal injury and illness.
7.10 All payments made are final and non-refundable except where:
The Course is cancelled pursuant to clause 3.5.
The Course is cancelled in accordance with clause 7.3; or
The Course is cancelled by Brothers Hair Academy except where such cancellation is due to your breach of these Terms or otherwise caused by an act of God or terrorism.
7.11 Any refund of Fees made in accordance with these Terms for reasons other than Brothers Hair Academy termination without cause, shall:
Where the Course has already commenced as at the date of termination, be subject to the deduction of any costs we reasonably incurred in commencing your place on the Course; and Be subject to the payment of an administration fee of £200 (inclusive of Tax where applicable) which will be deducted from the amount refunded to you.
8. HOW WE MAY USE YOUR PERSONAL INFORMATION
8.1 Your privacy is very important to Brothers Hair Academy and Brothers Hair Academy has put data protection concerns at the heart of its operations and the way in which it delivers services to students and clients alike.
8.2 Brothers Hair Academy may use the personal information we gather from you to:
Provide barber tutoring and ancillary services to you in connection with Courses.
Process payment for your payment to us in connection with the Course or any products or materials that you pay us for from time to time.
For our legitimate purposes to inform you about other courses or activities that Brothers Hair Academy provides. You may elect to stop receiving these communications at any time by contacting us; and/or
Use in our promotional material in accordance with clause 8.3 below.
8.3 By becoming a student at our academy, you acknowledge and agree that your image may be captured in photos or videos that may be used on our website, social media post or other digital or printed marketing material for our legitimate business interests (in each instance for any period of time that such image is considered by Brothers Hair Academy to be reasonably relevant). Please note that there shall be no other identifiable information posted alongside your image, and as such we do not consider that such publication shall constitute personal data for the purpose of applicable privacy laws. If you have any questions about this, then please contact us.
8.4 We will only give your personal information to third parties where the law requires us to do so.
8.5 Please review our Privacy Notice which sets out full details of how we gather information about you; what we do with your personal data; and how we comply with applicable data protection laws.
8.6 You may at any time ask us to remove your personal details from our records by sending an email to admin@brothershairacademy.com.
9. TERMINATION
9.1 Brothers Hair Academy retains the right to terminate your participation on the Course in the event of, but not limited to:
Failure to pay any outstanding Fees as set out in clause 7.
Gross misconduct.
Ceasing to be eligible to live or study in the jurisdiction of your assigned Mentor Facility .
Committing a serious breach of any rules contained in these Terms and issued by Brothers Hair Academy from time to time.
Persistent lateness.
Excessive absenteeism; and/or
Breach of any of the provisions of clause 5 (Behaviour, Etiquette &Equipment).
9.2 Where Brothers Hair Academy exercises its right to terminate under clause 9.1, no Fees shall be refunded unless Brothers Hair Academy determines otherwise in its absolute discretion.
9.3 Any appeals in relation to termination of your participation in the Course prior to the Course End Date must be communicated to Brothers Hair Academy Head Office in Darlington by email info@brothershairacademy.com within 3 days (72 hours) of the decision being made, who shall consider such appeal, but is under no obligation to allow it unless there are compelling reasons for doing so.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Terms shall limit or exclude Brothers Hair Academy liability for:
Death or personal injury caused by its negligence, or the negligence of its personnel.
Fraud or fraudulent misrepresentation.
Any other liability which cannot be limited or excluded by applicable law.
10.2 Except as expressly otherwise provided and subject to clause 10, we will under no circumstances be liable to you, for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including negligence), breach of statutory duty or otherwise and whether such loss or damage arises directly or indirectly from services provided by us to
10.3 Subject to clause 10, our total liability to you for all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the Fees paid by you.
10.4 Except as expressly stated in these Terms, we do not give any representations, warranties, or undertakings in relation to the Course. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that the Course is suitable for your purposes.
11. COPYRIGHT
11.1 All intellectual property rights in any Course materials shall remain the property of Brothers Hair Academy and are only given to you solely for use during the Course and the copying or reuse of the materials outside of the Course is strictly prohibited.
11.2 You shall not use the Brothers Hair Academy name or any representation thereof without Luke Anthony’s Barbering Academy prior written consent, and all intellectual property rights in those names are the property of Brothers Hair Academy.
12. ENTIRE AGREEMENT
These Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the law of England, Wales and Scotland.
13.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims).
14. PLEASE NOTE
14.1 Brothers Hair Academy cannot guarantee you will be solely cutting on live models once you start cutting within 90 days. To ensure you get your full 120hrs while attending our 6-month courses, Part time or Online Course. At Brothers hair Academy expect all our students to continue practising their newfound skills on their balloons when required. Brothers Hair Academy will do absolutely every within our power to ensure you practice a great variety of hairstyles and services on live models while you are with us or taking a part in our Online Courses. All our Mentor Facilities are normal working barbers under normal conditions.
14.2 Refusal to follow the structure of your chosen course (cutting on live models or Balloons when directed) may result in Brothers Hair Academy withholding any certificates due to learners not completing the required units and work in accordance with clause 6.