These terms and conditions (hereinafter referred to as the Agreement) will begin on the date on which they were agreed to by the Student (or Guardian, if the student is under 18), and will continue until terminated by either Party giving to the other no less that 6 weeks notice in writing.
The Teacher may from time to time review the agreed rate for tuition. The Teacher shall give the Student (or Guardian, if the student is under 18), not less that 4 weeks' written notice of any increase in rates.
2. Cooling-off Period
The Student/Guardian has a legal right to cancel this Agreement and receive a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (2013) during the 'cooling-off period' which starts from the date of this Agreement and ends 14 days later. To cancel the Agreement, the Student/Guardian should let the Teacher know by email that they have decided to cancel. The Teacher will confirm receipt of the email and arrange a refund for lessons not received. Reimbursement will be made using the same means of payment for the initial transaction, unless agreed otherwise.
3. General
If no notice to discontinue lessons has been served as above and the Student fails to attend an arranged lesson, fees for that lesson remain payable and no refund of any fees paid in advance will be given.
Any lesson missed by the Student shall be paid for unless otherwise agreed with the Teacher.
If the Teacher is unavailable to give any scheduled lesson, the lesson will be carried forward to another date. If this is not possible, any fees already paid will be refunded or used to pay for a future lesson.
Delays or interruptions (for which the Student/Guardian is responsible) encroaching into the agreed lesson time will be considered as time provided.
Extra lessons may be scheduled during holiday periods, or at any other time, by mutual agreement, at a cost mutually agreed between the Student/Guardian and the Teacher.
The Student/Guardian undertake not to make unlawful photocopies of music.
Examination entries, festivals, competitions or similar activities or events, will only be entered if the Student/Guardian and Teacher agree. Any entry fees will be paid for by the Student/Guardian.
The Student/Guardian is responsible for informing the Teacher of any medical, health, or other such condition(s) which may affect the learning experience and interaction.
If the Student is under 18, the Guardian gives permission for the Teacher to teach the Student.
The Student/Guardian and Teacher agree to comply with all applicable laws, statutes, regulations including in relation to confidentiality, privacy and GDPR
Neither party shall be liable to the other party for any breech by the other of any of the terms and conditions herein occasioned by pandemic, any act of God, war, revolution, riot, civil disturbance, strike, lock-out, flood, fire or other cause not reasonably within the control of such party.
4. Space and Equipment
The Teacher is not responsible for the loan of any equipment (eg instruments) or materials (eg sheet music) unless agreed in advance.
Materials supplied electronically by the Teacher remain the Intellectual Property of the Teacher.
The Student/Guardian is responsible for the insurance of the Student's instrument and all equipment used by the Student.
5. Safeguarding
Lessons must not be recorded by either party unless there is prior agreement for this. If recordings are made, they must not be shared with third parties or uploaded to social media (this includes videos and photographs).
All communications regarding missed or cancelled lessons must be between the Guardian and the Teacher. Under no circumstances should the Student contact the Teacher directly or vice versa, unless the Student is over 18.
Any defamatory, offensive or illegal material aired online or via social media by the Student/Guardian, or inappropriate behaviour by the Student/Guardian, will result in the immediate termination of lessons. What constitutes such behaviour will be determined in the reasonable opinion of the Teacher. In this instance, the Teacher reserves the right to withdraw entirely from this Agreement with immediate effect. Fees paid will not be refunded.
The Guardian may, if they wish, be present during the lesson if agreement is given by the Teacher.
The Teacher is a member of the MU and agrees to comply with the MU's safeguarding Code of Conduct in relation to instrumental music teaching. Information is available on the MU's website.
The teacher has a current DBS certificate.
6. Limitation of Liability
If the Teacher fails to comply with the terms of this agreement, he/she is responsible for loss or damage the Student suffers that is a foreseeable result of the Teacher's breach or his/her negligence, but is not responsible for any loss or damage that is not foreseeable.
The Teacher does not in any way exclude or limit his/her liability for death or personal injury caused by its negligence, fraud, or fraudulent misrepresentation. Notes
"Term" in the above context corresponds to the termly calendar in Local Authority (LA) schools.
MU members are insured personally in respect of legal liability that may arise following injury or damage to members of the public. The limit of indemnity is £10m. This policy is only operative whilst the individual registered member is performing, rehearsing or auditioning eithersolo or as part of a group, band or orchestra and/or whilst teaching either at the member'sown home, the Student's own home, or in a public place including transit to and from.
It is important to note that whilst a Teacher will use his or her best endeavours to ensure the Student makessatisfactory progress, this cannot be guaranteed. In particular, careful regular practice as advised by the Teacher is a prerequisite of success on any musicalinstrument or in any musical endeavour