Popdance Licence Terms and Conditions and Code of Conduct
Welcome to the Popdance Team!
We will always do our best to meet your needs and expectations, but it’s important to have things written down so that we all know what’s expected of us. In this Licence Agreement we have outlined what’s expected from both parties, now and in the future for a long and happy working relationship together.
POPDANCE CODE OF CONDUCT
A Popdance Licenced Teacher is required to:
behave with integrity in all professional and business relationships. Integrity implies not merely honesty but fair dealing, courtesy and consideration.
strive for objectivity in all professional and business judgements.
carry out his or her professional work with due skill, care and proper regard for the technical and professional standards expected of him or her.
A Popdance Licenced Teacher is required to:
uphold and enhance the good standard and reputation of Popdance
work in a collaborative and co-operative manner with other dance professionals and organisations.
A Popdance Licenced Teacher is required to:
work in an open and co-operative manner
ensure that customers are not discriminated against on the grounds of sex, race, colour, religion, age, disability, national or social origin or other status.
A Popdance Licenced Teacher is required to:
acknowledge any limitations in his/her knowledge and competency and take
steps to practice in a fully skilled manner.
undertake continuing professional development to ensure knowledge and practice remains current.
A Popdance Licenced Teacher is required to:
ensure that no action or omission on his or her part, or within his or her sphere of responsibility, is detrimental to the interests or safety of their customers.
Courtesy and consideration
A Popdance Licenced Teacher is required to:
always act in such a manner as to promote and safeguard the interests and well-being of their customers.
justify customer trust and confidence.
Confidentiality
A Popdance Licenced Teacher is required to:
ensure that confidential information obtained in the course of his or her professional work should not be used for personal advantage or be disclosed without the consent of the customer, except where there is a legal right or duty to disclose.
should be aware of and abide by current data protection legislation.
A Popdance Licenced Teacher is required to:
seek publicity for his or her own class and events, and advertise his or her class and events consistently with the integrity of Popdance®. not, under any circumstances, promote his or her class, or the class of another Teacher, in such a way, or to such an extent, that amounts to harassment of the prospective customer.
not publish, or cause to be published, any notice, newspaper, advertisement or any other matter likely to damage the standing of Popdance or to damage or depreciate the reputation of any colleague.
ensure use of promotional material containing any factual statement, the truth of which a Teacher is able to justify, should not make any disparaging references to, or disparaging comparisons with, the services of others.
Statutory Requirements
A Popdance Licenced Teacher is required to:
comply with all statutory requirements affecting health and safety at work.
ensure the provision of adequate public/products liability insurance
comply with all the statutory requirements affecting the running of the business, including income tax, value added tax and any other matter required by law.
ensure that he or she is in accordance with the law with regard to copyright, recording, public performance and other matters concerning printed matter and recorded music related to their work.
Health and safety
A Popdance Licenced Teacher is required to:
ensure that classes are of a size appropriate to the levels and techniques being taught and the space being used.
ensure that teaching facilities are adequately maintained and provide:
suitable flooring appropriate to the technique taught, with a clean, safe surface; to minimise the risk of injury;
adequate heating levels and ventilation;
suitable, secure and safe area for changing.
abide by Health and Safety statutory legislation requirements, understand his or her responsibility in case of a medical emergency and keep records in an accident book.
ensure that all fire regulations are displayed and adhered to.
ensure the Popdancer’s GP has confirmed in writing that he/she can participate in Popdance classes if the Popdance Teacher has any doubts as to their health.
Data Protection
A Popdance Licenced Teacher should behave in accordance with sound data collection principles; currently these are the eight data protection principles of The Data
Protection Act 1998. These principles are summarised in Appendix A:
Appendix A – the 8 principles of the Data Protection Act 1998
The eight principles of the Data Protection Act 1998 may be summarised thus. All data recorded by dance teachers concerning individuals with whom they come into contact (be they adult or child) must be:
fairly and lawfully processed
processed for limited purposes
adequate, relevant and not excessive
not kept longer than necessary
processed in accordance with the data subjects’ rights
not transferred to countries outside the European Economic Area (EEA) without adequate protection
Notification – In certain circumstances (but not all) dance teachers need to register with the Information Commission. A dance teacher (the data controller) who holds personal data manually (i.e. not stored on a computer) is exempt from
All dance teachers, however, must comply with the eight principles of the Data Protection Act 1998. A dance teacher who holds personal data on computer or other electronic means may be required to register with the Information Commission depending on the data held and the purpose/s for which it is held.
If, for example, personal data is only stored for the dance teacher’s accounting purposes and record keeping then it might be that registration is not required.
This should always be confirmed with the Notification helpline on 01625 545740.
A dance teacher who holds any health-related information electronically (e.g. on a computer, word processor etc) must, without exception register with the Information Commission.
Where records held are 100% manually (i.e. not on a computer) there is no need to register with the Information Commission.
If any information is held electronically then notification (registration) may be required except where data held is health-related when notification is compulsory.
Information Commissioner’s Website: www.ico.gov.uk
Notification helpline: 01625 545740.
Licence Agreement
is made BETWEEN:
Popdance
Popdance Ltd a limited liability company registered in England
under Company Number 6854280 and whose registered office is at:
Pound House,
62A Highgate,
High Street,
London,
N6 5HX
Contact Number: +44 (0)7957 163786
Email address: [email protected]
and
you, the Dance Teacher – which we will call “Popdance Licencee”
Interpretation
Intellectual Property: patents, rights to inventions, copyright and related rights, trademarks, Trade Marks and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may, now or in the future, subsist in any part of the world relating to the Popdance Classes and Events.
Licence Agreement Code PD TM 032024
Popdance Classes and Events: any group or individual activity that advertises, markets, promotes or uses the Trade Mark; and where the inclusion is relevant – Popdance Kids and Tots Classes and Events meaning any group or individual activity that advertises, markets, promotes or uses the Trade Mark aimed at children under 16 years of age.
Teachers: suitably trained and accredited dance teachers, who, where relevant, have passed and hold a current DBS Enhanced Check.
Trade Mark: “Popdance” UK Registration Number 2548897 and “Popdance Kids” UK Registration Number 2595403.
1 Basis of Agreement
1.1 Popdance has expended time, effort and money in developing Popdance Classes and Events which are carried on under the trade name of Popdance (Trade Mark).The registered proprietor has granted Popdance the exclusive right to the Trade Mark.
1.2. Popdance has built up a reputation and goodwill in the Trade Mark, which is associated with high standards of service.
1.3 The Popdance Licencee wishes to acquire from Popdance the non-exclusive right and licence to operate Popdance Classes and Events and use the Trade Mark, in accordance with the terms of this Agreement and the Popdance Licencee Manual.
1.4 The Popdance Licencee shall conduct Popdance Classes and Events in accordance with the terms of this Agreement and the Popdance Licencee Manual.
1.5 The Agreement shall commence on the date the Popdance Licencee purchases their Popdance Licence and shall expire when the Popdance Licencee no longer has a valid Popdance Licence.
1.6 Any dance, fitness, yoga or pilates classes, parties or workshops that the dance teacher offers are the sole responsibility of the teacher in question. Popdance does not have any involvement with the running of these sessions and accepts no responsibility for any actions or financial exchanges from these events. If customers require a refund or compensation from independently run Popdance sessions, then it is the sole responsibility of the Popdance Licencee to organise that. Popdance accept no responsibility for any independent transactions.
2 The Popdance Licencee’s Duties
2.1 To read and understand the Popdance Licencee Manual and adhere to it in all aspects of arranging, conducting and marketing of Popdance Classes and Events.
2.2. To organise the teaching of, or personally teach Popdance Classes and Events only with a valid Popdance Licence.
2.3. To organise the teaching of, or personally teach Popdance Kids & Tots Classes and Events only with a valid DBS Enhanced Check or your countrie’s suitable check.
2.4 To obtain a valid music licence to conduct Popdance Classes and Events.
2.5 To adhere to the terms and conditions of the venue where Popdance Classes and Events are conducted.
2.6 To make arrangements with Teachers to provide Popdance Classes or Events if the Popdance Teacher is not available. If the Popdance Licencee is unable to obtain a suitable Teacher to conduct a Popdance Class or Event, the Popdance Licencee must notify Popdance customers or their parents/guardians if under the age of sixteen (Popdancers) and the venue that the planned Popdance Class or Event will be cancelled.
2.7 To ensure medical conditions of Popdancers are noted and considered when conducting Popdance Classes and Events. If the Popdance Licencee has any concerns then the Popdancer should not participate in Popdance Classes or Events unless the Popdancer’s GP has provided written approval or obtain the written consent of their parent/guardian if under the age of sixteen.
2.8 The Popdance Licencee agrees that it shall, in relation to personal data processed in connection with this Agreement process data in accordance with the Data Protection Act 1998 and any other applicable data protection legislation; and process the personal data only so far as is necessary for the purpose of performing its obligations under this Agreement. The Popdance Licencee shall ensure that all of its engaged Teachers comply with this obligation.
3 Popdance’s Duties
3.1 To provide the Popdance Licencee with a Popdance Licence and access to the Popdance Teacher website (POP) when the Popdance Licencee has paid for their Popdance Licence.
4 Fees
4.1 The Popdance Licencee shall pay Popdance an agreed subscription which will automatically be collected via Stripe.
4.2 If the Popdance Licencee cancels the Subscription then this Agreement and their licence will be revoked and they will not be able to use the Popdance brand or any of the Popdance materials, their access to the Popdance Online Programme will be stopped.
4.3 If a payment is missed or the Popdance Licencee wants to take a break and return at a later date, they may have to pay an Initial Licence Fee and the Subscription at the rate then applicable and on the terms standard at that time.
5 Status of the Popdance Licencee
5.1 The Popdance Licencee is self employed and nothing in this Agreement will constitute any relationship of employer and employee, principal and agent, or partnership between the parties.
5.2 The Popdance Licencee is not an agent for Popdance and they are not authorised to make or enter into any commitments for or on behalf of Popdance.
6 Intellectual Property
6.1 The Popdance Licencee acknowledges all Popdance routines, information, ideas, materials and literature are the Intellectual Property of Popdance.
6.2 The Popdance Licencee shall not use the Intellectual Property other than as specifically permitted by this Agreement.
6.3 The Popdance Licencee hereby assigns (or where appropriate hereby agrees to assign) to Popdance all existing and future Intellectual Property rights (including, without limitation, trademarks, patents, copyright and related rights) and inventions arising from teaching and choreography carried out under this Agreement. The Popdance Licencee agrees promptly to execute all documents and do all acts as may, in the opinion of Popdance, be necessary to give effect to this clause.
6.4 The Popdance Licencee hereby irrevocably waives all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which the Popdance Teacher has or will have in any existing or future works. The Popdance Licencee shall obtain from all Teachers engaged by them under this Agreement a waiver in identical terms to this clause
6.5 Popdance shall have conduct of any proceedings relating to the Intellectual Property and may take whatever action it, in its sole discretion, decides in respect of any infringement or alleged infringement of it, or arising from its use.
7 Insurance and Liability
7.1 Popdance shall not be liable for any loss or damage suffered by the Popdance Licencee, any Teachers engaged by the Popdance Licencee under this Agreement, Popdancers or any third parties arising from the performance of this Agreement. Popdance shall not be excluded from any liability that it may not exclude by operation of law or statute.
7.2 It is the Popdance Licencee’s sole responsibility to take out and maintain an appropriate public liability and accidental injury insurance policy with a reputable insurance company and any other cover which Popdance may, in its absolute discretion, specify.
7.3 The Popdance Licencee shall not breach, or allow any breach of, such a policy.
8 Termination
8.1 Popdance may terminate this Agreement at any time and block the Popdance Licencee’s access codes to the Popdance Teacher website with immediate effect. The Popdance Licencee may terminate this Agreement at any time by giving Popdance not less than one month’s notice in writing.
8.2 Further if:
8.2.1 the Popdance Licencee fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than fourteen days after being notified in writing to make such payment;
8.2.2 the Popdance Licencee commits a material breach of any term of this Agreement and if such breach is remediable fails to remedy that breach within a period of seven days after being notified in writing to do so;
8.2.3 the Popdance Licencee repeatedly breaches any of the terms of this Agreement in such a manner that in Popdance’s opinion the Popdance Licencee’s conduct is inconsistent with having the intention or ability to give effect to the terms of this Agreement;
8.2.4 the Popdance Licencee brings Popdance into bad repute, or is convicted of a serious criminal offence;
8.2.5. the Popdance Licencee purports to assign any of its rights or obligations under this agreement;
8.2.6 the Popdance Licencee ceases trading or becomes insolvent; or
8.2.7 persistent complaints should be made to Popdance about the quality of the service provided by the Popdance Licencee and the Teachers engaged by them, after Popdance notifies the Popdance Licencee of such complaints, and the Popdance Licencee fails to improve such service within a reasonable period of time, to the satisfaction of Popdance.
9 Consequences of Termination
9.1 On termination or expiry of this Agreement for any reason, the Popdance Licencee shall:
9.1.1 immediately pay Popdance the full amount of all Subscription fees in accordance with clause 4 due up until the date of termination;
9.1.2 immediately stop using the Intellectual Property, including the Popdance social media, website and Trade Mark;
9.1.3 cease to conduct Popdance Classes and Events;
9.1.4 not hold the Popdance Licencee or any of the engaged Teachers out as a licencee of Popdance or do anything that may indicate any relationship between the parties.
10 Non-exclusivity
10.1 Subject to clause 11, the Popdance Licencee is entitled to work on their own account or in partnership or association with or as an employee or independent contractor of any other person outside the periods required to perform their obligations under this Agreement.
10.2 The Popdance Licencee will bear exclusive responsibility, and will indemnify Popdance, for the payment of national insurance contributions and any tax liability arising from the Popdance Licencee’s and/or another Popdance Teacher’s performance of this Agreement.
11 Indemnity & Confidentiality
11.1 The Popdance Licencee shall indemnify Popdance against all liabilities, costs, expenses, damages and losses including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses suffered or incurred by Popdance arising out of or in connection with the Popdance Licencee’s or their engaged Teacher’s breach or negligent performance or non-performance of this Agreement.
11.2 The Intellectual Property shall be confidential as between the Popdance Licencee (and their Teachers) and Popdance and the Popdance Licencee shall (both during the term of this Agreement and for a period of two years thereafter) keep the Popdance Teacher’s Manual and the Popdance Online Programme (and all other information of a confidential nature disclosed to them by Popdance) confidential and shall not disclose it’s content (other than as required to undertake its rights under this Agreement) to any person other than its engaged Teachers who shall be under an identical obligation of confidentiality.
12 Waiver
13.1 No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right of remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13 Governing Law and Jurisdiction
13.1 This agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation including non-contractual disputes or claims, shall be governed by and construed in accordance with the law of England and Wales.
13.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this agreement or its subject matter or formation including non-contractual disputes or claims.
14 Miscellaneous
14.1 This Agreement and the Popdance Teacher Manual constitute the entire agreement between the parties and supersedes all prior agreements, terms or statements in connection with the subject matter of this Agreement.
14.2 A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement are not subject to the consent of any other person
This Agreement has been entered into on the date the first Licence payment was made.
POPDANCE SAFEGUARDING CHILDREN POLICY
This describes the policy to be adopted by all Popdance Teachers for safeguarding and protecting children
Responsible Person, Safe Guarding Officer & Overall Owner of Policy – Sue Wybrow – Director and Owner of Popdance
This policy has been adopted and reviewed by Popdance Teachers who agree to abide by all controls within this policy document and will be the safeguarding officer for classes and parties that they are responsible for arranging and delivering.
Purpose
At Popdance we recognise:
• Our statutory duty under Section 175 of the Education Act 2002 to ensure that arrangements are in place for safeguarding and promoting the welfare of children.
• Our duty under the Children Act 2004, to work together with other organisations and partners in order to achieve this, and
• Our Common Law duty to protect and keep children safe whilst in our care.
We fully acknowledge our responsibilities for child protection and recognise that through contact with children, out teachers may become suspicious of signs that could lead them to consider that a child (an under 18) is at risk and or that harm could have occurred as a result of
something that has happened outside of the time that children have spent with them.
We recognise that for children: high self-esteem, confidence, risk awareness and good lines of communication help to reduce risks and will aim to provide this environment in the classes we run.
Aim
Our aim is to provide a safe, secure and consistent environment for the children we have responsibility for whilst they are in our care regardless of age, ethnicity/religion, disability, gender/sexuality; one in which they feel supported, valued, respected and listened to.
We will achieve this aim by:
1. Establishing a safe environment in which children can have fun, learn, develop and be listened to.
2. Adopting safe recruitment practices to check the suitability & competence of all our teachers.
3. Having in place procedures for the identification and reporting of cases where harm or risk of harm to a child is suspected. In particular we will ensure that cases are reported to the Director of Popdance and the owner of the establishment where classes are being held. Reporting in the first instance will be by telephone and this will be followed up in writing or by email
4. Monitoring and evaluating our safeguarding practices and procedures.
Roles and Responsibilities
Popdance Teachers are self employed partners or freelancers. By accepting and signing a booking confirmation with us they agree to adhere to the standards expected by Popdance® Ltd. They recognise that they have a legal duty to safeguard children during their classes and agree to discharge this duty fully in accordance with this policy.
Partners and Licencees all have access to an operations manual, code of conduct and License Agreement Form that they agree to uphold the contents of all documents. Teachers who fail to uphold this agreement will revoke their Popdance® Teacher License and will no longer be able
to run Popdance® classes.
The Popdance® Director, Sue Wybrow is committed to the highest possible standards and will not hesitate to instigate this sanction if necessary
We will:
Establish a safe environment by:
• Ensuring that the buildings & rooms where we operate are secure.
• Undertaking relevant safety checks of the area where we will operate to ensure that before a class begins the risk to children will be managed.
• Ensuring that all Teachers are risk aware and providing information as appropriate to their individual role and responsibilities.
• Ensuring that Teachers should make themselves aware of any specific arrangements in respect of the locations where they are operating, adopting all relevant practices and management systems, as required.
• Developing a culture of openness by which potential suspicions or incidents can be reported without fear.
• Establishing and maintaining an environment where children feel safe, valued, are encouraged to talk and are listened to whilst they are in our classes.
• Not allowing photographic or video images to be taken without prior consent from the child and their parent/guardian and with full information given in terms of the use of that image.
We will:
Adopt Safe Recruitment Practices by:
• Checking the suitability of all Teachers who approach us with the intention of becoming Popdance® Teachers by ensuring that they are DBS checked.
• All Teachers by agreeing to this policy confirm that they will not allow any of their staff, volunteers or other adults to have unsupervised access to children unless they have also undertaken a DBS check.
• Ensuring that a CV is obtained before a Teacher is allowed to work with children and that their identity is checked. Specifically they will be expected to have experience in teaching children dance or fitness before they can become a Teacher.
• Ensuring that Teachers provide a copy of their public liability insurance.
• Providing information to Teachers within the company manual on how they can continue to develop their own awareness and knowledge in respect of safeguarding. Actively encouraging them to undertake their own additional training.
• By working closely with new Teachers and including this as a topic within the induction process, in particular to ensure that they are aware of how to report any concerns that they may have and their responsibility to act and work in the confidence, seeking support and guidance from the director of Popdance® and/or the establishment where they are working depending on the specific circumstances.
• All Teachers by agreeing to this policy confirm that they will not allow any of their staff, volunteers or other adults to have unsupervised access to children unless they have also undertaken a DBS check.
• By providing information and updates as procedural changes occur or new methods of safe guarding are adopted.
• Having a complaints procedure in place whereby any complaints relating to a Teacher can be reported in confidence. Specifically this will be by contacting Popdance® directly.
• Communicating our safeguarding procedures clearly to parents so that they are aware of the precautions we have in place and why they are there.
We will:
Raise Awareness of Children in our care by:
• Ensuring that they know who they can approach if they are worried or concerned.
• By reminding them at the start of classes what they can or can not do for the purposes of safe guarding.
We will:
Support particularly vulnerable children in our classes by:
• Speaking to their designated carer before a class begins so that we can be aware of any sensitivities that they may have.
• By supporting them throughout the class so that they feel included and part of a group.
• Following our own reporting procedures as described above as necessary.
We will:
Monitor & Evaluate our Safeguarding Practices by:
• Reviewing the contents of the policy regularly by the date specified on the 1st page or sooner if circumstances change.
• Working with Teachers to ensure that all classes are operated to the standards expected by Popdance®.
• By Teachers undertaking visual checks of the areas where classes are undertaken before they start to ensure that any obvious hazards are removed.
• Identifying and responding to new/revised guidance issued by government bodies, the Local Safeguarding Children Board and the Local Authority.
Teachers should work with the local authorities with whom they operate to ensure that they are aware of any specific arrangements in place for their area and adopt them as relevant within this policy document
Popdance Ltd
Tel: +44 (0)7957 163786 [email protected] – www.popdance.co.uk