Public Offer Agreement for Dance Tuition Services

1. DEFINITIONS AND GENERAL PROVISIONS

1.1. This Public Offer Agreement for Dance Tuition Services (the “Agreement”) sets out the procedure for submitting and reviewing applications through legacydanceconsulting.com (the “Website”), together with the terms on which Legacy Dance Consulting LLP, BIN 260340009958 (the “Service Provider”), provides services after the Agreement has been concluded in accordance with Section 2. Visiting the Website, registering or submitting an application does not in itself constitute acceptance of the Agreement.

1.2. The Website comprises the Service Provider’s information pages and digital features, including application forms and, where available, a personal account (the “Account”). A Visitor is any person browsing the Website. An Applicant is an adult with full legal capacity who submits an application on their own behalf or as the parent or legal representative of a minor.

1.3. The Client is an Applicant with whom a services agreement has been concluded in accordance with Section 2. The Student is the individual for whom classes are purchased, including a minor. If the Student is a minor, actions and confirmations under the agreement are carried out by their parent or other legal representative.

1.4. Services (Classes) are in-person group or individual classes in dance styles, together with any separately agreed additional events. A Dance Style is a type of dance with age and skill requirements. A Group is a group of Students formed by the Service Provider. An Instructor is an employee or an engaged specialist who conducts Classes.

1.5. An Audition (Selection) is a preliminary assessment of age, preparation and other objective criteria to determine whether a person can participate in Classes. A Trial Class is a single class provided under a separately approved order. A Class Pass is an agreed package of classes with a specified number of visits, validity period, price and other terms. The Timetable is the schedule of classes for the relevant Group.

1.6. An Individual Offer is confirmation sent by the Service Provider to a specific Applicant of its willingness to provide particular Services, specifying the type of classes, price, scope, period, payment method and, where necessary, other essential terms. An acknowledgement that an application has been received is not an Individual Offer.

2. APPLICATIONS AND CONCLUSION OF THE AGREEMENT

2.1. Information on the Website about dance styles, prices, timetables, available places and other services is provided for information purposes and constitutes an invitation to submit an application, rather than an unconditional offer to provide services to every visitor. The terms of this Agreement may be accepted only after the Service Provider has approved a specific order in accordance with Clauses 2.6–2.7.

2.2. Visiting the Website, browsing its pages, registering, creating an Account, clicking “Submit an application”, submitting an application or receiving an automated acknowledgement of its registration does not constitute acceptance of a services agreement, reservation of a place, enrolment in a Group or an obligation on the Service Provider to conduct Classes.

2.3. The Applicant provides accurate information needed to review the application and confirms their authority as the child’s legal representative if the application concerns a minor. Submitting an application does not in itself create an obligation to pay for classes.

2.4. The Service Provider reviews the application taking into account the dance style, age and medical restrictions, level of preparation, selection results, available places, availability of Instructors and the ability to provide appropriate conditions and ensure safety. The Service Provider may request further information and suggest an alternative Group or time.

2.5. Before sending an Individual Offer, the Service Provider does not guarantee approval of the application, a place in a Group or the provision of Services at the chosen time. An application may be declined where provision is objectively impossible or the established requirements are not met, subject to the mandatory provisions of the laws of the Republic of Kazakhstan governing public contracts and consumer protection.

2.6. If the application is approved, the Service Provider sends an Individual Offer through the Account, by email, through a messaging service or through another agreed channel. The offer specifies its validity period and conditions of acceptance. Unless otherwise agreed, it expires at the end of that period without further notice.

2.7. Unless the Individual Offer establishes another lawful procedure, a services agreement is concluded when all of the following conditions have been met: (a) the Service Provider has approved the relevant order; (b) the Applicant has read the current edition of this Agreement and expressly confirmed agreement to it in the order form or in correspondence; and (c) full advance payment has been made and confirmed by the Service Provider in the manner and within the period specified in the Individual Offer. The agreement is concluded when the Service Provider confirms successful payment after conditions (a) and (b) have been met, including on the basis of a reliable notification from the acquiring payment provider or the crediting of a bank transfer.

2.8. An automated “Application received” notification, a message confirming placement on a waiting list, an invitation to a free Audition or the creation of an Account is neither an Individual Offer nor confirmation that an agreement for paid services has been concluded. An agreement cannot be deemed concluded solely as a result of the Service Provider’s silence.

2.9. Money transferred without a valid Individual Offer or before its approval does not in itself create an agreement. The Service Provider refunds amounts received without a valid basis to the payment details provided within a reasonable period and in accordance with the law. The parties may separately agree to apply such an amount towards an order subsequently approved.

2.10. If the Service Provider has actually begun providing agreed paid Services and the Client has accepted them, the parties’ relationship is governed by the actual circumstances and mandatory legal provisions. This Agreement cannot be used to exclude liability for services actually provided.

3. SUBJECT MATTER AND SCOPE OF SERVICES

3.1. After the agreement has been concluded, the Service Provider undertakes to organise and conduct the agreed in-person Classes for the Student in the chosen Dance Style, and the Client undertakes to pay for the Services and comply with the agreed attendance terms. The obligations are limited to the specific approved order.

3.2. The Dance Style, format, venue, number and/or period of classes, price and other commercial terms are specified in the Individual Offer, confirmed order and/or Class Pass. General information on the Website may change and does not replace the agreed terms of a specific order.

3.3. Tuition consists of conducting Classes and does not guarantee particular physical, creative or competitive results, competition wins or admission to international events. Additional trips, festivals, costumes and competition participation are not included in the price unless expressly included in the approved order.

4. AUDITIONS, ENROLMENT AND ATTENDANCE

4.1. Enrolment in a Group takes place after selection, approval of the order and fulfilment of its conditions. A free preliminary Audition, where offered, is not a paid Class and does not guarantee subsequent enrolment. A paid Trial Class is arranged as a separate approved order.

4.2. A Class Pass entitles the Student to attend the specified number of Classes during the agreed period, subject to the Timetable and safety rules. The validity period and method of recording attendance are specified in the confirmed order. If the start date has not been determined, it is agreed separately before the first Class.

4.3. The Client must give timely notice of the Student’s absence. A Class missed for reasons attributable to the Client may be made up in another suitable Group during the validity period of the Class Pass, subject to availability and prior agreement with the administration. A make-up class is not guaranteed.

4.4. Upon the Client’s written request and provision of a supporting medical document, the Service Provider allows a one-time suspension of the Class Pass for up to 14 calendar days, unless the agreed terms or the law provide otherwise. The validity period is extended by the actual period of suspension.

4.5. The Service Provider may, within reasonable limits, change the Timetable and the composition and size of Groups, replace an Instructor or change the venue within the same city or locality, while preserving the agreed essential characteristics and scope of the services. If a change substantially prevents the Client from receiving Services already paid for, the Client is offered a proportionate alternative or a refund in accordance with the law.

4.6. The Service Provider may refuse to admit a Student to a Class where there are reasonable indications of illness, contraindications, dangerous behaviour or a breach of mandatory safety requirements. The consequences for payment and refunds are determined by the reason for refusal and the law.

5. SAFETY AND MINORS

5.1. The Service Provider organises Classes in compliance with mandatory safety, sanitary and other applicable requirements of the Republic of Kazakhstan. The Client is informed that physical activity may involve ordinary risks of injury. This notice does not release the Service Provider from liability for breaches of mandatory requirements or for harm caused through its fault.

5.2. The Client provides information about any significant health limitations affecting the Student’s safe participation and promptly reports any changes. The Service Provider may request a medical opinion on the Student’s fitness for physical activity where justified by the nature of the Classes and legal requirements. Health information is processed on a lawful basis and kept confidential.

5.3. The parent or legal representative ensures that the minor is accompanied to the agreed handover point with the Service Provider’s employee and is collected promptly after the class. The procedure for handing over the child, arrival time and list of authorised accompanying persons may be set out in studio rules communicated to the Client.

5.4. During the time the Student is actually under employees’ supervision in connection with Classes, the Service Provider is liable in accordance with the law. Outside the agreed handover time and place, the scope of the Service Provider’s duties is determined by the actual circumstances and the law. This Agreement does not exclude liability imposed by law.

5.5. The Client ensures that the Student follows the Instructor’s instructions and the conduct, hygiene and safety rules to the extent appropriate to the Student’s age, and undertakes not to allow attendance where a known medical prohibition applies.

6. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

6.1. After the agreement has been concluded, the Service Provider undertakes to provide the agreed Services of appropriate quality and scope, comply with mandatory safety requirements and give the Client material information about the Services and any changes to them.

6.2. The Service Provider may determine teaching methods and class content within the agreed Dance Style, select and replace Instructors, combine Groups and engage third parties to perform its obligations, while retaining liability to the Client in the cases prescribed by law.

6.3. The Service Provider may suspend the Website or individual features for updates and maintenance. Continuous availability of the Website is not guaranteed. If a technical failure prevents performance of an order already paid for, the parties agree on an alternative communication channel without reducing the Client’s rights.

6.4. The Service Provider may change prices and offers displayed on the Website for future orders. Such changes do not affect the price or scope of an agreement already concluded unless there is a basis permitted by law or by the agreement.

7. RIGHTS AND OBLIGATIONS OF THE CLIENT

7.1. The Client is entitled to receive Services of the agreed scope and quality, obtain accurate information about their terms, submit requests and complaints, and exercise rights to cancel services, receive refunds and obtain compensation for harm within the limits established by law.

7.2. The Client undertakes to pay for the confirmed order on time, provide accurate contact details and necessary information about the Student, follow the agreed attendance rules and report any circumstances that prevent safe participation.

7.3. The Client keeps their Account access details secure and does not disclose them to third parties. The Client notifies the Service Provider of any suspected unauthorised access. This does not release the Service Provider from its statutory information security obligations.

7.4. The Client and the Student must not infringe the Service Provider’s intellectual property rights, interfere with the Website, threaten the safety of others or disrupt Classes. The Service Provider’s response to breaches must be proportionate to the circumstances and comply with the law.

8. PRICES, PAYMENT AND REFUNDS

8.1. The price and scope of the Services are specified in the Individual Offer or confirmed order in tenge. Unless otherwise agreed, 100% advance payment is required by a cashless method using a payment link, invoice or bank details supplied by the Service Provider. Payment through the Website becomes available only after the order has been approved.

8.2. For the purpose of concluding the agreement, payment is confirmed on the basis of a reliable notification of a successful transaction from the payment provider or, in the case of a bank transfer, when the funds are credited to the Service Provider’s account. Once the conditions of Section 2 have been met, the Service Provider confirms the order to the Client through an available channel.

8.3. The Client may withdraw from an agreement for paid services in accordance with Article 686 of the Civil Code of the Republic of Kazakhstan, subject to reimbursement of the expenses actually incurred by the Service Provider in performing the relevant order. The Service Provider supplies a substantiated calculation of any amounts withheld. Deductions without a lawful basis are not permitted.

8.4. If the Client withdraws before classes begin, the advance payment received is refunded after deducting documented actual expenses, if any, that may lawfully be withheld. After classes have begun, services actually provided and documented expenses are taken into account, without deducting the same amount twice. A refund is made to the agreed payment details within the statutory period. Where no specific period applies, the Service Provider aims to complete the refund within 10 working days after receiving the necessary information.

8.5. Missing a class for reasons attributable to the Client does not automatically entitle the Client to a full refund for that Class. The calculation takes account of the specific circumstances, the opportunity made available to receive the service, services actually provided and documented expenses. Any restrictions on consumer rights apply only to the extent permitted by law.

8.6. If paid services cannot be provided due to the Service Provider’s fault, or are cancelled without an acceptable alternative being offered, the Client may request the corresponding rescheduling of classes, a proportionate refund or other remedies provided by law. Non-refundable payment terms do not apply where they conflict with mandatory legal provisions.

9. PERSONAL DATA, PHOTOGRAPHS AND VIDEO

9.1. Personal data of Visitors, Applicants, Clients and Students are collected and processed on lawful grounds in accordance with the laws of the Republic of Kazakhstan and the Personal Data Processing Policy published on the Website. Where necessary, consent is obtained through a separate, verifiable action, including by a minor’s legal representative.

9.2. Health information is requested only where reasonably necessary for admission to classes and to ensure safety. Access is limited to authorised persons. Data are transferred to organisers of external events only where the necessary lawful basis exists and the requirements governing data transfers are met.

9.3. Photographs, videos and other materials that make it possible to identify the Student may be published or used for advertising only with appropriate, separate consent from the individual or their legal representative in the cases prescribed by law. Consent to such use is not a mandatory condition of purchasing Classes. Withdrawal of consent and further use of the materials are governed by the law and the terms of the consent.

10. INTELLECTUAL PROPERTY AND LIABILITY

10.1. Rights to teaching materials, choreographic works, distinctive signs, design and Website materials belong to the Service Provider or are used by it on a lawful basis. Receiving services or accessing the Website does not transfer exclusive rights to the Client. Commercial reproduction and distribution of such materials are permitted only where there is a lawful basis.

10.2. The parties are liable for failure to perform, or improper performance of, their obligations in accordance with the civil legislation of the Republic of Kazakhstan. Where the agreed Services have been properly provided, the Service Provider is not liable for failure to achieve a creative or competitive result subjectively expected by the Client.

10.3. No provision of this Agreement releases the Service Provider from statutory liability for harm to a consumer’s life, health or property, improper performance of the agreement or breaches of mandatory safety requirements. Limitations of liability that conflict with the law do not apply.

10.4. The Service Provider is not liable for the actions of independent banks, telecommunications operators, payment services or third parties outside its control, except where such liability is imposed on it by law or results from its own breach.

10.5. In circumstances of force majeure, liability and the procedure for further performance of obligations are determined by the laws of the Republic of Kazakhstan. Technical failures, personnel changes and ordinary business difficulties do not in themselves constitute force majeure without grounds established by law.

11. REQUESTS, DISPUTES AND AMENDMENTS TO THE AGREEMENT

11.1. Requests and complaints are sent to the Service Provider’s address specified in Section 12 or to the official email address published in the Website’s Contacts section. When considering consumer complaints, the Service Provider follows the statutory procedure and, if it disagrees with a complaint, sends a reasoned response within 10 calendar days of receiving it.

11.2. Disputes are resolved through negotiation and, if no agreement is reached, by the courts of the Republic of Kazakhstan in accordance with statutory rules of jurisdiction. This Agreement does not limit the consumer’s statutory right to choose a court or pursue other remedies.

11.3. The Service Provider may publish new editions of the Agreement on the Website. A new edition applies to applications and agreements made after the specified effective date. Agreements concluded earlier may be amended only by agreement between the parties or on grounds permitted by law.

11.4. The parties may exchange documents and notices through agreed electronic channels where it is possible to establish the sender, the content of the message and the fact of receipt. Such messages have legal effect to the extent permitted by the laws of the Republic of Kazakhstan. An ordinary acknowledgement of receipt of an application does not confirm that an agreement has been concluded.

11.5. Matters not addressed by this Agreement are governed by the laws of the Republic of Kazakhstan, including the Civil Code and the Law on Consumer Protection. The invalidity of an individual provision does not invalidate the remaining provisions.

12. SERVICE PROVIDER DETAILS

12.1. Legacy Dance Consulting LLP; BIN 260340009958; Republic of Kazakhstan, Almaty, 42 Timiryazev Street, Pavilion 15, Office 401; bank: Bank CenterCredit JSC; BIC KCJBKZKX; IBAN KZ108562203153871283. Official contact details for requests are published in the Website’s Contacts section.