Agreement

1. SERVICE PROVIDED
 

1.1 By purchasing an educational program (the “Program”), the student (the “Student”) hereby agrees to engage Instant Theatre Company LTD (the “Company”) to provide the Student with the described services as per the services provided by the Company. 

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1.2 The Classes will be conducted by a representative of the Company (the “Instructor”).

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1.3 Based on the discretion of the Instructor, the Program may have up to 2 showcases held by the classes.

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2. TERM OF AGREEMENT
 

2.1The term of this Agreement (the “Term”) will begin on the date of the purchase of the Program and will remain in full force and effect until the completion of the Classes, subject to earlier termination as agreed upon by both Parties.

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3. COMPENSATION
 

3.1 The Company will charge the Student a fee for the Classes (the “Program Fee”).

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3.2 The Student must pay Program Fees on the Company’s online platform or in any other method agreed by the Parties at least 24 hours prior to the beginning date of the first Class as scheduled in section 1.1.  

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3.3 The Student may request a payment plan from the Company; first payment of the payment plan must be paid at least 24 hours prior to the beginning date of the first Class unless otherwise agreed in writing by the Parties.

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3.4 The Company can provide an invoice and/or a receipt upon the request of the Student.

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3.5 The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Student in addition to the Program Fee.

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4. CONFIDENTIALITY 

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4.1 Confidential information (the “Confidential Information”) refers to any data or information relating to the Student, whether business or personal, which would reasonably be considered to be private or proprietary to the Student and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Student. 

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4.2 The Company agrees that they will not disclose, divulge, reveal, report or use, for any purposes, any Confidential Information which the Company has obtained, except as authorized by the Student or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. 

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4.3 All written and oral information and material disclosed or provided by the Student to the Company, under this Agreement is Confidential Information regardless of whether it was provided before or after the date of. This Agreement or how it was provided to the Company.

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5. RIGHT OF PROVIDING INSTRUCTORS

5.1 Except as otherwise provided in this Agreement, the Company may, at the Company’s absolute discretion, engage a third-party contractor to perform some or all of the obligations of the Company under this Agreement.

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5.2 If the Company hires a contractor:

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5.2.a. The Company will pay the contractor for their services and the Program Fees will remain payable by the Student to the Company. 

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5.3 For the purposes of the indemnification clause of this Agreement, the contractor is considered an agent of the Company. 

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6. LOCATION OF CLASSES

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6.1 The Company, at the Company’s discretion, is responsible to find a suitable location for Students to practice their Program’s Workshops.

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6.2 Except as otherwise provided in this Agreement, The Company may, at the Company’s discretion, change the location of Classes for some or all of the Classes provided with at least a minimum of 24 hour lead time. 

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7. CANCELLED CLASSES
 

7.1 The Company reserves the right to cancel Classes under reasonable circumstances such as the Class’s designated Instructor’s illness, personal emergency, or personal conflict with as much notice as possible.

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7.2 The Company will do everything in its power to accommodate rescheduling of such Classes and/or partial refund of the Program Fee. 

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8. ATTENDANCE AND MISSED CLASSES
 

8.1 The Student is expected to arrive on time for Classes. 

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8.2 The Company will provide no refunds or credits for missed Classes by the Student at any time.

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9. ZERO TOLERANCE
 

The Company prohibits and will not tolerate Discrimination, Bullying and Harassment, Sexual Harrassment and/or Violence, and will make every reasonable effort to ensure that individuals who work for the Company and to whom the Company provides services to, as well as those who join the Company’s community, are not subjected to Discrimination, Bullying and Harassment, Sexual Harassment, or Violence. Individuals who engage in Discrimination, Bullying and Harassment, Sexual Harassment or Violence are in violation of Section 14 and will be subject to disciplinary action. This is applicable to all of the Company’s Students, Instructors (including contractors), Staff, Board Members (Directors), or Community Members. Situations covered by this clause include all educational-related activities, including interactions with third parties such as suppliers and service providers, and the public at large. 

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9.1.Definitions:

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9.1.a.“Discrimination”: making a distinction, whether intentional or not, based on grounds enumerated in human rights legislation, which has the effect of imposing burdens, obligations, or disadvantages on an individual or group not imposed on others.

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9.1.b.“Bullying and Harassment”: any inappropriate conduct or comment by a person towards another person that the first person knew or reasonably ought to have known would cause the second person to be humiliated, intimidated, or unsafe; 

with respect to Company Instructors, Bullying and Harassment excludes any reasonable action taken by a Instructors relating to management and/or direction, or the place of services; with respect to Students, Bullying and Harassment excludes any reasonable action taken by a person in good faith with respect to the provision of the Company’s services or the execution of the Company’s functions.

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9.1.c.“Sexual Harassment”: any form of unwelcome written, oral, or physical conduct of sexual nature, including unwelcome sexual advances and requests for sexual favours that has the purpose or effect of interfering with a person’s ability to participate in the Program, Classes, Showcases, or any other events held by the Company, or which creates an intimidating, hostile, degrading or offensive environment. 

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9.1.d.“Violence”: the threatened, attempted or actual exercise of physical force by a person against another that causes or could reasonable cause physical injury, including making a statement or engaging in behavior that causes a person to believe that they are at risk of physical injury.

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9.2. Reporting & Investigation: 

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If any individuals involved through the Company feel that they have been subject to Discrimination, Bullying and Harassment, Sexual Harassment, and/or Violence, or has witnessed any of the listed behaviours towards any other individual involved through the Company they have the right to:

i) Report the incident immediately to any of the following Directors of the Company:

ii) Make their concerns known immediately to the individual in violation of these terms, if they feel safe in doing so.

• Ava Nasiri, Co-President of the Board, ava@instanttheatre.ca

• Delaram Hajipour, Co-President of the Board, del@instantheatre.ca 

• Jullian Kolstee, Improvisational Theatre Director, jullian@instanttheatre.ca 

 

9.3. All reports will instigate an investigation to be promptly held by the Board of Directors. In the case that a complaint involves a Director, they will be left out of the investigation and other Directors will engage in the process. All individuals who file reports in good faith will be protected from reprisal and retaliation. 

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9.4. If an investigation is instigated, it will be:

Conducted in an appropriate manner in the context of each case.

Undertaken promptly and diligently, as meticulous as necessary depending on the event.

As fair and as impartial as possible.

Focused on accountability and reducing harm.

If appropriate, results will be discussed with individuals.

If appropriate, the result may trigger a response to the event while holding the confidentiality of the individual reporting misbehavior.

 

9.5. The Board of Directors hold the right to expel any individuals who may have violated Section 14 in any capacity, and if criminal, has the right to report the activities to the police while upholding Section 7 to the best of its ability.

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10. EXPECTED CONDUCT

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10.1 The Company is committed to providing a working, performing and learning environment which gives equal opportunity to Students, Instructors, Board Members, Interns, community members, and performing artists (the “Actors”) to participate in the programs, showcases and other events held by the Company. This supportive atmosphere must be based on mutual respect and be free from all forms of harassment and discrimination. The responsibility for creating and preserving a harassment free environment is a collective one.

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10.2 The Students commit to conducting themselves in a respectful and professional manner when representing Instant Theatre Company LTD as a Student in showcases, festivals, or other events.

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11. RELEASE OF LIABILITY

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11.1 The Company is released and held harmless, it’s owners, operators, Directors, Instructors, Contractors of any liability, claims, demands, and cause of action whatsoever, arising out of or related to any loss, damage, injury, including death, that may be sustained by the Student while in or upon the Premise under the control of the Company, it’s owners, operators, Directors, Instructors or Contractors or in route to or from any of the Premises as defined in Section 11 of this contract.