When pupils accept an offer of a place for tuition, they (or their parent or guardian, if they are under 18) enter into an agreement to that effect and confirm that they will adhere to the terms and conditions of that agreement, which are set out below.
The Teacher will give tuition during the three terms of the academic year (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 on registration and the Teacher will reserve this time slot for the Student. Students registering to book on an ad hoc basis will not have a lesson slot reserved, but may book in via My Music Staff or through their teacher subject to availability.
- Payment of fees
- (a) For students with a regular lesson slot: The Student (or the Student’s parent or carer) will pay the fees for each term in full on or before the due date shown on their invoice ahead of the start of each term, or in ten equal instalments by monthly Direct Debit if agreed at the start of each academic year. Fees for the academic year 2022-2023 are £36.00 per hour (pro rata).
- (b) For students booking lessons on an ad hoc basis only: The Student (or the Student’s parent or carer) will pay the fees for each lesson in full on or before the day of the lesson. Fees for the academic year 2022-2023 are £40.00 per hour (pro rata) for ad hoc lessons.
- Lesson timetable
Before the first lesson of each term, the Teacher will give the Student (or the Student’s parent or carer) written confirmation of (i) the dates and times of all lessons during that term (ii) the start date for the following term’s lessons. This information will be provided via the Student Portal on My Music Staff.
- Missed lessons
- (a) Lessons cancelled by the Teacher will be automatically credited via My Music Staff so that a replacement can be booked online. Any credits given must be used within 90 days of issue;
- (b) (i) Lessons cancelled by the Student or Parent with at least a week’s notice will be automatically credited via My Music Staff to catch up at a later date. Any credits given must be used within 90 days of issue;
- (b) (ii) Lessons cancelled by the Student or Parent with less than a week’s notice will be forfeit, with fees chargeable at the full rate. The Teacher may choose to offer a lesson credit, dependent on any mitigating circumstances, but this does not create an obligation for them to do so again in the future.
- Examinations, competitions and public performances
The Student will not be entered for any examination, competition or public performance without the prior consent of both the Teacher and the Student (and the Student’s parent or carer, where appropriate).
- Termination of tuition
- (a) This Agreement may be ended by mutual consent at any time by both signatories to it signing and dating a written statement to that effect.
- (b) 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 Student or Student’s parent or carer. This right to terminate is without prejudice to any other rights the Teacher may have.
- (c) 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(c) the Teacher will
continue to provide lessons until the end of that term.
- Failure to give notice
Unless terminated under Condition 6 above, this Agreement shall continue from term to term. If the Student (or the Student’s parent or carer) fails to give full notice to terminate this Agreement in accordance with Condition 6(c) 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:
- (a) Where the notice given is less than that required under Condition 6(c), but is one month or more before the start of the next term: 50% of the fees for the next term;
- (b) Where the notice given is less than one month before the start of the next term: 100% of the fees for the next term.
- If the Student stops attending lessons during a term, the Student (or the Student’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. If the Teacher stops lessons without giving the correct notice specified in Condition 6(c) above the Teacher shall
refund any fees already paid for any lessons not given.
If the Teacher, in his or her reasonable opinion, feels unable to continue tuition on account of unreasonable conduct by the Student or anyone connected with the Student, the fees for any outstanding lessons will not be refundable.
- Online Safeguarding
For students under the age of 16, a parent or other responsible adult must be present, either in the same room or elsewhere within earshot of the student for the duration of every online lesson.
- Health and Safety during face-to-face lessons under COVID-19 or other similar restrictions
The Student, or their parent or guardians, should familiarise themselves with the Risk Assessment provided by KEBMusicTuition before attending any face-to-face lessons, and must agree to any measures detailed therein to minimise potential risk to themselves and their teacher. Failure to adhere to these measures may result in the lesson being terminated, or lessons being conducted online only whilst social distancing is required.
- (a) Any changes to the terms of this Agreement must be confirmed in writing and signed and dated by both the Teacher and the Student (or the Student’s parent or carer).
- (b) 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 Student 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 11(a) above.
- Communication between the parties
For the purposes of this Agreement written notice must be given on paper or by email. Individual lesson cancellations may be handled via My Music Staff, or sent by SMS, iMessage and/or email.
- Governing law and jurisdiction
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.
The ISM say:
“The acceptance of a student is a business contract. Teachers should therefore ensure through use of a written agreement, preferably the ISM agreement for private music tuition, that the terms of the contract are clearly understood by the student before lessons commence. If the student is a minor, a parent or guardian must clearly understand the arrangements and agree to them.”
The contract terms above are based on those provided by the ISM, adjusted for the particulars of the KEBMusicTuition studio. It ensures, for my part, that my livelihood (and that of teachers working with me) is protected by way of notice periods and conditions relating to cancellation of lessons. It protects our reputation by stating that examinations or public performances should not be undertaken without my consent.
It also protects you, as a student, by ensuring that we will not abandon lessons unexpectedly (we are subject to the same notice period that students are), that we will catch up any prepaid lessons that we have to cancel ourselves, and that we will provide a quality service to you as a customer.
As an ISM member, I am bound by their codes of ethics and practice, and am answerable to them. In turn, they are available to assist me in matters of dispute, for example by recovering payments on my behalf if notice has not been served, or in cases of breach of contract.
In general, I always do my best to be as relaxed and accommodating as I can be regarding contractual issues, however with a written agreement in place all parties should be aware of their obligations and meet them to the best of their ability.
You may wish to print this page for your records.
Last updated: 12/02/2022