Melody Makers - Terms and Conditions

Melody Makers – Music Tuition Terms & Conditions August 2021

Lessons
1. The Teacher will give tuition during school terms (term dates will be as specified by the Teacher in accordance with Condition 3). The Teacher will give the lessons at the time and location specified overleaf and the Teacher will reserve this time slot for the Pupil.
2. Location of lessons. The Teacher shall give lessons to the Pupil in accordance with the Agreement. If the Teacher and the Pupil cannot meet in person at any physical location in the Agreement for reasons beyond the control of the parties, tuition will be given to the Pupil via an online platform as agreed by the parties for a period to be agreed by the parties in writing. If the location given in the Agreement is ‘Online’ all lessons shall be given online in accordance with the terms of the Agreement and this Addendum
3. Clients will be given written confirmation by invoice and on mymusicstaff of the dates and times of all lessons for the coming term and the start date of the subsequent term
4. Pupil’s teaching environment and equipment:
  1. The Pupil or Pupil’s Parent or Guardian shall be responsible for a suitable location for online tuition.
  2. The Pupil or Pupil’s Parent/Guardian shall be responsible for provision of technology suitable for the online tuition and shall ensure that any applications or other technology specified by the Teacher for the tuition is installed and tested before online lessons commence. The Teacher is not responsible for the loan or supply of any equipment or materials, unless agreed in writing in advance.
  3. The Teacher is not liable for any delays or disruptions caused by technical difficulties of whatever nature at the Pupil’s home or their location for the lessons. The teacher shall not be required to make up any time lost through such incidents.
  4. The Teacher is not liable for any damage, technical faults or failures of equipment and software belonging to the Pupil or Pupil’s Parent or Guardian.
Payment of fees
1. The invoice for the following term will always be issued one month before the end of the previous term.
  1. The Pupil (or the Pupil’s parent or carer) will be expected to pay the fees for each term in full on or before the first lesson of the term.
2. The Teacher will accept instalments.
  1. Only if it has been organised in advance, in which the dates and amounts will be finalised.
    1. Please be aware that you if you stop lesson ‘mid’ term you will still be liable for the final installments
Lesson timetable
1. Timetable and duration of lessons. The lesson timetable and lesson duration shall be as specified in the My Music Staff.com. The Teacher and Pupil or Pupil’s Parent/Guardian may agree to vary the timetable and duration of lessons subject to written confirmation by each party to any agreed changes.
2. If you need to move your lessons, we will try and do our best to accommodate. But please understand we have many families to consider, so sometimes moving isn’t possible in that situation you will still be liable for the terms fees.
Missed lessons and Make-up Credits
1. We will no longer initiate booking make-up lessons, you will be able to book through the ‘parents portal’ on mymusicstaff.com.
2. We will only honour make-up lesson credits, whilst you are on our register, once you cease your contract all make up credits will be voided
3. If the Teacher cancels a scheduled lesson, the Pupil will be offered a ‘make-up’ credit, this will not be included in your make-up credit limit.
  1. We are not able to transfer make-up credits in to financial credit
4. If you move from teacher to another all make-up credits will be voided
5. Make-up credit policy, will be available on the website, online resources and included in every invoice
Examinations
1. The Pupil will not be entered for any examination, or public performance without the prior consent of both the Teacher and the Pupil (or the Pupil’s parent or carer, where appropriate).
Termination of tuition
1. This Agreement may be ended by mutual consent at any time by both signatories to its signing and dating a written statement to that effect.
2. Where fees are not paid on time, the Teacher reserves the right, entirely at the Teacher’s discretion, to terminate this Agreement with immediate effect by giving written notice of termination to the Pupil or Pupil’s parent or carer. This right to terminate is without prejudice to any other rights the Teacher may have.
3. Either signatory to this Agreement may terminate the Agreement by giving notice in writing to the other signatory at least one month before the end of a term for the termination to take effect at the end of that term. Such termination will take effect at the end of a term only and not at any other time. If the Teacher gives notice to terminate tuition at the end of a term in accordance with this Condition 6(3) the Teacher will continue to provide lessons until the end of that term.
Failure to give notice
1. Unless terminated under Condition 6 above, this Agreement shall continue from term to term. If the Pupil (or the Pupil’s parent or carer) fails to give full notice to terminate this Agreement in accordance with Condition 6(3) above and the signatories have not agreed to terminate the Agreement in accordance with Condition 6(a) above, the following charges will be made in lieu of notice:
2. Where the notice given is less than that required under Condition 6(3), but is one month or more before the start of the next term: 50% of the fees for the next term;
3. Where the notice given is less than one month before the start of the next term: 100% of the fees for the next term.
4. If the Pupil stops attending lessons during a term, the Pupil (or the Pupil’s parent or carer) is not entitled to a refund of any fees paid for that term. The Pupil is entitled to attend any lessons paid for.
5. If the Teacher stops lessons without giving the correct notice specified in Condition 6(3) above the Teacher shall refund any fees already paid for any lessons not given.
Conduct
1. If the Teacher, in his or her reasonable opinion, feels unable to continue tuition on account of unreasonable conduct by the Pupil or anyone connected with the Pupil, the fees for any outstanding lessons will not be refundable.
Changes
1. If the lessons are being conducted in the students home the contract is based at that address, however if the student moves address the teacher will have to reassess the travel arrangements to see if the contract can be fulfilled.
2. Any changes to the terms of this Agreement must be confirmed in writing and signed and dated by both the Teacher and the Pupil (or the Pupil’s parent or carer).
3. If the Teacher chooses to waive any right or remedy under this Agreement or otherwise (for example, if the Teacher chooses to waive fees for any lessons which the Pupil does not attend) this shall not mean that he or she must do so in future or that he or she waives any other rights or remedies, unless agreed in writing in accordance with Condition 16 above.
Communication between the parties
1. For the purposes of this Agreement written notice must be given on paper or by email.
Governing law and jurisdiction
1. This Agreement shall be subject to the laws of the jurisdiction of the location for the lessons (specified above) and the signatories to this Agreement agree that any dispute relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
Performance Fees
1. We have a few annual events, These are not compulsory but we may need to make a small charge to cover our costs. The Performance fees are to be paid in advance and are non refundable.;
2. If you do not wish to be involved please let us know by email to claire@westonshaw.com
Liability
1. All Teachers are qualified, DBS checked, first aid trained and insured.
Parent Responsibilities
1. To make sure all contact details are up to date in the ‘profile settings” in mymusicstaff.com, in the event of an emergency this is where we will look to get in contact with you.
2. To make the Teacher aware of unusual circumstances that may affect the upil’s well-being, for example injury, death of a family member, divorce or any other situation without meaning to be intrusive.
  1. Additionally, any medical conditions, for example any learning difficulties include, nut allergy sufferers, epilepsy, asthma, diabetes, etc or any other conditions that may need special attention.
3. To let the Teacher know if the Pupil is going to be late; in this situation the Pupil will remain on the premises until you arrive.
Teacher responsibilities
1. If the Pupil is going to be collected late he or she will remain on the Teacher’s premises until the parent or carer arrives.
2. The Studio will send out the terms and conditions annually in September and will also have copies available on the website, the online resources of the parent portal and on every invoice issued.
3. In the case of a medical emergency, the Teacher will administer any immediate and/or necessary emergency first aid treatment and/or call medical advice.
Photography and Film
1. Teachers/members of staff.
2. Photographs and/or film for publicity are to be found on.
3. By agreeing to our Terms & Conditions you are giving consent for your child to be involved.
4. If you do not wish your child to be photographed or filmed for publicity please inform us in writing via email on claire@westonshaw.com. In this situation we will endeavour to find a suitable compromise to everyone’s wishes.
Child Protection:
1. A copy of our Child Protection document is available on the online resources of the parent portal of Mymusic staff and by request on the email (claire@westonshaw.com).
2. Melody Makers and all members of staff and volunteers have a zero tolerance on all bullying/abusive behaviour including social media and trolling. As soon as we are made aware of an incident we will do everything in our power to protect the individuals involved. By signing our terms and conditions you and the Pupil agree:
  1. Inappropriate behaviour or use of inappropriate or unlawful materials during the lessons by the Pupil may result in the Teacher terminating the lesson immediately and the teacher reserves the right to terminate the agreement with immediate effect, in which case the Teacher shall not be required to refund any fees previously paid.
  2. Melody Makers will has a zero tolerance on obscene, abusive, offensive discriminatory , racist and threatening behaviour either in person or virtually on any platform.
  3. The parties agree that safeguarding in the online environment is of paramount importance and agree that they shall observe best practice and professional guidance (such as advice to teachers from the ISM) in safeguarding and child protection at all times.
  4. The Pupil or Pupil’s Parent or Guardian agrees to follow any safeguarding requirements specified by the Teacher.