First Position General terms
1. Objective
1.1. The Service Provider organizes and offers ballet trainings, and the Member wishes to take part in ballet trainings.
2. Definitions
2.1. “Service Provider” – Hõbesild OÜ.
2.2. “Training” – ballet training as offered by the Service Provider under these General terms.
2.3. “Member” – at least 18-year-old natural person who participates in the Training of the Service Provider.
2.4. “Price List” – part of the General Conditions that establishes the amounts of fees.
2.5. “Regulations” – the procedure established by the Service Provider and Estonian National Opera for visiting the Training.
2.6. “Party/Parties” – the Service Provider and/or the Member.
3. Training schedule
3.1. To attend the Training the Member must register for the desired Training on the Service Provider’s website or by other means foreseen by the Service Provider.
3.2. The Training schedule is fixed by the Service Provider. The Service Provider retains the right to make changes in the schedule as necessary. The Member can view the Training schedule on the Service Provider’s website.
3.3. The Training is held on Sundays. In case it is not possible to conduct the Training on Sundays, it may be held on Saturday or Monday. The Member will be notified about the changes in the schedule 72 hours in advance of the original Training.
3.4. The Member can attend the Training where he/she has registered. The Member may attend a Training with a registration to another group on the same day only with allowance of the coach in case of available places.
3.5. The Member can cancel the reservation for the Training up to 24 hours before the Training.
4. Training instructions
4.1. The Member must wear appropriate clothing and shoes for Training. Denim clothing is not allowed to be worn during Training.
4.2. The Service Provider may refuse to allow the Member to Training if the Member shows any signs of intoxication, illness, aggressive behaviour, etc. In this case, the fee for the Training is non refundable and the Training will not be substituted.
4.3. The Member must follow the instructions of the Service Provider (e.g., its employees and/or coaches) and Estonian National Opera’s employees when visiting the building. Among other things, upon entering the building the Member must:
4.3.1.register at the Estonian National Opera’s information desk;
4.3.2.wait at the information desk until the coaches gather the Training group participants and the coaches will guide to the dressing rooms and practice hall;
4.3.3.not enter Estonian National Opera’s rooms which are not intended for Training.
5. Health and Safety
5.1. The Service Provider (e.g., its employees and/or coaches) ensures the Training does not pose a threat to Member’s life and health. The Member must evaluate his/her physical ability objectively and based on the corresponding evaluation, decide whether participating in Training is appropriate for his/her abilities.
5.2. In case of any emergencies, the Service Provider shall provide first aid using the first aid equipment available in the premises of Estonian National Opera and organise professional medical assistance.
5.3. The Service Provider (e.g., its employees and/or coaches) follow the applicable fire safety rules of Estonian National Opera. In case of any signs of fire (smoke billowing, etc.), the Member must follow the guidelines and instructions provided by the coaches.
5.4. Smoking is allowed only in the designated areas (outdoors). To avoid accidents, it is forbidden to use open fire and smoke inside the Estonian National Opera building.
6. Fees
6.1. The Member can pay for the Training on a monthly basis (monthly subscription) or purchase a single pass for one Training (single class) or purchase a package of four classes (4-class package).
6.2. Monthly payment allows the Member to participate in Training during the month starting from the day after the purchase and ending on the same calendar date of the next month (e.g., from 16.09 till 16.10).
6.3. Subsequent monthly period would follow on from the ending date of the preceding month period (e.g., following the previous example, from 16.10 till 16.11). Subsequent monthly period can be cancelled free of charge any time before payment is made for the subsequent monthly period.
6.4. Single class can be purchased at any time up to 5 hours before Training (provided there are places available).
6.5. Payments are made in advance by Service Provider's prescribed payment methods (bank transfer, invoice, etc.).
6.6. In case the Training is cancelled (regardless of the reason thereof) or the Member cancels the registration for the Training, the fee for the cancelled Training will not be refunded, but a substitute Training will be provided to the Member. If the Member cancels the reservation for the Training in less than 24 hours before the Training, the fee will not be refunded, nor the Training substituted.
7. Rights and Obligations of the Parties
7.1. According to the purchased pass and registration, the Member has the right to participate in Training at the agreed time.
7.2. The Member is obliged to follow the safety and organizational rules established by the Service Provider and the guidelines provided by the Estonian National Opera.
7.3. The Training equipment and tools are the property of Estonian National Opera. The Member undertakes to use the equipment in a prudent manner to ensure the equipment is in the same condition after use.
7.4. The Service Provider has the right to change the price list, payment terms and other conditions in these General terms at any time by notifying at least 30 calendar days in advance and publishing the changed conditions on the Service Provider's website (www.firstposition.ee). If the Member does not agree with the changes in the General terms, he/she must submit a notice of withdrawal from Training before the changes enter into force. If the Member does not submit such a notification, the Member agrees with the changes General terms.
7.5. Filming and photographing are only permitted with the consent of all parties in the video and/or picture.
8. Liability
8.1. The Service Provider, its employees and coaches are not responsible for accidents, possible injuries, illness, and/or damage to the Member that may occur during Training.
8.2. The Service Provider is not responsible nor liable for the loss, damage, theft of the Member’s personal property brought to Training.
8.3. The Member is fully liable for the damage caused by him/her to the Service Provider and/or to the Estonian National Opera.
9. Processing of personal data
9.1. The Estonian National Opera processes personal data in order to fulfill tasks arising from the National Opera Act and other laws of the Republic of Estonia to fulfill obligations arising from concluded contracts and to provide services.
9.2. The Estonian National Opera uses cameras on its premises and in the building. The cameras do not monitor specific people, but generally used surfaces and rooms. The cameras record based on movement, and the recordings can be monitored for about 7 to 30 days, after which the recording is deleted (over recorded).
9.3. The personal data and contact details of Members which are being collected by the Service Provider are: first and last name, date of birth, e-mail address, contact telephone number, information about the level of ballet skill and health information related to any kinds of injuries that may affect the Training.
9.4. Service Provider processes personal and contact details of Members to ensure the performance of these General terms.
9.5. Service Provider processes the data about the Member’s level of ballet skill and health information related to any kinds of injuries under the freely given consent of the Party in order to ensure safety during the trainings.
10. Applicable law and settlement of disputes
10.1. These General terms are subject to legislation of the Republic of Estonia.
10.2. All disputes arising from these General terms will be settled by negotiations and in case of failure to reach agreement, the dispute will be settled in Harju County Court.
By taking part in the Training, the Member ensures and guarantees:
a) the Member has read the General Conditions and agrees with them;
b) the Member’s health condition allows him/her to train, that he/she has no contraindications for participating in Training and that his/her health condition does not pose a threat to others.
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