Dance school contract, 2 whole terms notice

[MumEeeee]

My teen has been attending a London dance school on Saturdays since 2017, when I signed up and until recently the withdrawal deadline for classes was usually after half term, for that term end.

They’ve moved to a new building and updated their terms and conditions. Now the withdrawal deadline is before the term even begins. This year it was in January, before the Spring term started. So if you gave notice to leave on January 10th for example, before classes were even back, you’d be not able to leave until July- two whole terms later. They invoice termly.

Its been wobbly for a while, but particularly since the spring term began, my child’s teacher is really clearly disinterested in teaching my child. Putting them at the back, not talking to them and some faces. I’ve raised this concern in the past, but now it’s built up. My child is sad after class. They do a second class at the school, which is really positive, so it’s not a dislike of dance or a general issue with teachers.

Tbh I really resent paying until July end for classes that are not enjoyed or teaching progress. The teacher has I think started to see my child as a ‘hobby dancer’ as they call it, rather than a child looking for a career in dance, so has switched off from interaction. I’ve observed a class and there’s clearly a poor dynamic. Tbh whoever is too blame for it, my child or the teacher, it’s not constructive either way.

Considering the T&Cs are new this term, tbh I didn’t pick up on the deadline at all as I’m so used to how it was, do I have a leg to stand on? Also considering there’s a series of emails dating back from the term before where I suggested withdrawal- but they offered instead to put them in a higher grade to stimulate them as a solution? It didn’t work moving then up, as the dynamic is the issue.

I’m not remotely qualified, but I don’t think putting a general notice on a web site is good enough. Your attention should have been drawn explicitly to a change in the contract. 2 terms is also unfair in my view. Private schools are usually a term. So last day of previous term (eg end of spring term for leaving end of summer term) is normal and fair. The main issue, I think, is that they didn’t tell you in writing or even draw your attention to it.

I am assuming the fees are not school fees in size. I would give notice in line with your agreement. Not the new one.

This might help

I can see that the notice period has changed, but I can’t see how it is two terms’ notice. If you give notice on January 10th, that term has already started, so that term won’t count as the full notice period. The full term is Easter to summer -and that’s the notice period.

I'd just email the school saying you're dissatisfied with the quality of the service because... [give details] and consider them therefore not to be delivering the service with reasonable care and skill as required by the Supply of Goods and Services Act 1982.

Then say you're withdrawing DD, effective end of this term and do not consider their new 2-term notice requirement to be binding because it contravenes the "reasonableness" test in the Unfair Contract Terms Act 1977 as it was not properly drawn to your attention before it was introduced and it has an oppressive effect on you, a consumer.

I'm a solicitor.

Its a dance school, not a school. The spring term started this year on the 14th. Notice to withdraw was the 10th January.

Spring term ends in April. The summer term begins in May and runs to July. He can’t withdraw until the summer one ends. So 7 months, or two whole terms or invoicing periods.

Until recently it would be say March 2nd to leave at Easter.

It’s a few hundred, not loads, but enough to hurt. They did email. The email deadline was worded though ‘The deadline is 10th January for summer term withdrawals’. I took that to mean to withdraw before it started, they meant by it to withdraw at the end of the term…

My only worry is they have two classes there, maybe we’ll pick up another even. It’s just one class which has become awful. Otherwise we’d like to stay there. I guess I’ve been looking for a reasonable solution.

It is though very very oppressive to ask my class to stay in a class that has really started to actually upset them. It’s crossed the line from awkward, to unpleasant. The stupid thing is there’s a waiting list, trials and they’d fill the space

I’m a dance teacher and these T & C are absolutely ridiculous- I don’t require any notice to leave my dance school, just that all fees are paid up to date upon giving notice, and on the understanding that anything paid for in advance such as a dance exam won’t be refunded if you leave before the event takes place. Why on earth any dance teacher would want to continue teaching a child who no longer wants to be there for another two full terms is madness- they are hoping that your daughter stops attending whilst holding you responsible for fees- excellent advice above about questioning if this is even acceptable.

Have just read your update that your child doesn’t want to leave, in this case I would have a word with the dance school teacher / admin to see if it’s possible to switch the class to a different genre. Will your child still be dancing for the same number of hrs. per week, just in different class groups to the ones she has been in?

There’s in fortunately not really anything right now at the right level. In the future they may wish to pick up vocational classes, in about a year, but the school has heavily reduced their timetables at the weekend to just ballet.

Two terms is ridiculous, and it sounds like they haven't sufficiently drawn your attention to a change in the terms and conditions, and an onerous term for you, incorporated by reference as it's on the website only.

If they haven't pointed out the term, even if they've said "We've changed our terms and conditons", the onerous term would not be incorporated.

Even if they had highlighted the term and given you a print out of the terms and conditions, an onerous cancellation clause may not pass the reasonableness test against an individual consumer, particularly when you've been with them for years (I'm thinking about gym contracts or mobile phone contracts where after the initial term you can cancel with a month's notice, and many gyms don't tie you in at all these days- that's because some gyms got in trouble 20 years ago with the OFT - when it existed,).

Giving the usual six weeks or so notice would surely be more than reasonable on your part.

I think the stops attending may be a hope.

I wasn’t supportive so much of my
child leaving until I observed both classes. I thought maybe it was just a small personality clash. It’s like a whole different culture, philosophy and style between the two. Even to the point where one teacher corrects everything the other instructs. One teaches through praise and by stretching them to stimulate, the other is very very repetitive, sarcastic and uses shame heavily. The kids look a bit dead and underperform. Whilst I get feedback my child does well in this class I can see, even as a non-dancer, they haven’t progressed for a long time. They are noticeably behind peers now, don’t know terminology etc- whereas in the other class they are making obvious progress teen to term- eg learning a new dance, or move they can show me. I observed a class in January and it really took me aback how it had slipped since I saw saw it at a lower level class.

The wording in the T&Cs hasn’t changed too much in terms of the deadline. It’s the ‘published withdrawal deadline’ they refer to. What’s changed is the deadline they providing each term has started being 7months before you can leave, instead of a month.

The significant change is ‘withdrawal after the published deadline may be subject to a £25 late fee’ has been replaced with ‘will be liable for the full terms fees’ and a paragraph about using debt collection if they need to!

Op. That’s so aggressive! My Dd danced for years but we just gave notice when we knew what secondary she was going to! She did modern, tap and ballet. She then did Dance there. Do you have another dance school in mind? Could you just say she’s leaving in June? Carry on for a bit longer? I would probably argue strongly that the contract is unfair and their costs on collecting a few £ isn’t worth it. But I guess I could afford that stance!

I could be wrong but I doubt a debt collection agency would be interested in collecting a few hundred quid for a dance school. They usually buy debt or deal with clients with a high volume of cases such as banks.