Terms and Conditions

TERMS AND CONDITIONS FOR PERIPATETIC LESSONS (Private teaching in schools)

AUGUST 2022

1. TERMS

By accepting our tuition services, you are agreeing to be bound by these terms and conditions.

2. DEFINITIONS

“Tutor”: the Music Heroes consultant musician, assigned to deliver your lessons

“Student”: The person having lessons.

“Parent” : The parent, guardian or carer of students under the age of 18.

“Music Heroes”: The music school organisation, it’s management and its tutors.

“Half -Term”: The school period as set out by Shropshire Council.

“School”: The educational establishment that the Student attends and where lessons take place

3. LESSONS & PAYMENT

a. Invoices will be sent via email two weeks prior to the commencement of lessons in the half term to which the invoice relates (or within 7 days of confirmation of lessons being received).

b. Invoices should be paid in full within 7 days (except in the case of students where payments are made by the School. See (i) below) and NO LATER THAN 48 hours prior to the first lesson in the half term. WHERE PAYMENTS HAVE NOT BEEN

RECEIVED, STUDENTS WILL NOT RECEIVE A LESSON.

c. The Tutor will provide lessons lasting 20 minutes or 30 minutes every week on the same day. Lesson times may vary in order to accommodate the request of the School. Secondary schools operate on a rota system and it is the obligation of the Student to check that rota each week.

d. The dates and times of the lessons may be changed if both the Tutor and Student/ Parent agrees. Sometimes it is necessary to change days in order to work around School trips/events. We will give as much notice as is possible in these circumstances.

e. The fee per lesson is as agreed between Music Heroes and the Student/Parent.

f. Lesson fees are subject to annual review in January of each year. Where lesson fees are increased as a result of such a review, Music Heroes will give at least one month’s notice of such increase. The Parent shall have the right to terminate services immediately on written notice to Music Heroes without liability to pay for any further lessons.

g. Lessons are paid for in blocks of Half Terms, unless agreed otherwise. Where a student commences lessons in the middle of a Half Term, the invoice will be raised for the remainder of the half term and must be settled prior to the first lesson.

h. Where invoices are outstanding, Music Heroes may cease lessons and will notify the Student/Parent of this by email.

i. Where invoices are settled by the school (i.e. pupil premium students), invoices will be forwarded by email to the school office. It is understood that payments made by schools may take longer than 7 days to process. In these circumstances, payments must be received within 4 weeks of the invoice date.

4. MISSED LESSONS

a. ANY LESSON MISSED BY THE STUDENT SHALL BE PAID FOR UNLESS OTHERWISE

AGREED WITH MUSIC HEROES.

b. In the event of school trips where several students are out of School, it may be possible to re-arrange the Tutor and/or day for that week. It is the Parent’s obligation to notify Music Heroes of such trips/events and at least 48 hours notice is required. It may not always be possible to re-arrange the day and/or provide an alternative tutor but Music Heroes will use all reasonable endeavours to make up the lesson. Credit notes/refunds will not be given.

c. If a lesson should be missed by the Tutor for whatever reason, Music Heroes will either provide a replacement lesson at an agreed time or issue a credit note.

d. Extra lessons may be scheduled at any other time by mutual agreement and at a cost agreed between the Parent/Student and Music Heroes.

e. Neither party shall be liable to the other for any breach by the other of any of the terms and conditions herein occasioned by pandemic (including Covid-19), any act of God, war, revolution, riot, civil disturbance, strike, lock-out, snow-day, flood, fire or other cause not reasonably within the control of such party. Where possible, missed lessons can be provided via video through Music Heroes’ chosen online platform.

f. In the event of Student illness (and no other reason), one lesson may be credited in each Term (not half term).

5. EQUIPMENT

a. Music Heroes have some instruments available for loan. Separate hire agreements will be entered into for these.

b. Materials supplied electronically by the Tutor and/or Music Heroes shall remain the Intellectual Property of the Tutor and/or Music Heroes.

c. The Student / Parent is responsible for the insurance of the Student’s instrument and all equipment used by the Student for lessons.

   6. SAFEGUARDING

a. Music Heroes Tutors adhere to the Music Heroes Safeguarding and ICT Policy (see separate document). All Tutors are DBS checked.

b. Tutors also adhere to School Safeguarding policies including reporting and recording concerns.

c. Lessons must not be recorded by either party unless there is a prior agreement for this. If recordings are made, they should not be shared with third parties. Permission must be sought from the Student / Parent to upload photos or videos to social media.

7. COMMUNICATION

a. For the purposes of confidentiality and privacy, all communications between Parent and Tutor should be via e-mail. Communication by telephone should only take place were necessary due to urgency, e.g. unavoidable last-minute cancellations.

b. The Parent is responsible for informing Music Heroes of any medical conditions which may affect the learning experience and interaction.

c. Examination entries, festivals, competitions or otherwise will only be entered if the Parent (in consultant with the Student) and Tutor agree. Entries will be

paid for by the Parent.

d. Music Heroes use Music Studio software “My Music Staff” for scheduling and recording lessons. Tutors record their notes for each lesson and these are emailed to Parents.

e. Parents may makes notes of practise and leave comments for Tutors through My Music Staff.

8. CONDUCT

a. ANY OFFENSIVE OR INAPPROPRIATE BEHAVIOUR BY THE STUDENT, WILL RESULT IN THE IMMEDIATE TERMINATION OF THE LESSON. WHAT CONSTITUTES SUCH BEHAVIOUR WILL BE DETERMINED IN THE REASONABLE OPINION OF THE TUTOR. MUSIC HEROES RESERVE THE RIGHT TO WITHDRAW ENTIRELY FROM ANY OBLIGATION TO PROVIDE LESSONS AND FEES WILL NOT BE REFUNDED.

9. COMPLIANCE WITH STATUTE

a. Music Heroes comply with all applicable laws, statutes, regulations including in relation to confidentiality, privacy, GDPR and the protection of personal data. See Data Protection Policy for further information.

10. LIMITATION OF LIABILITY

a. Music Heroes tutors are self-employed consultants. They are responsible for their own public liability insurance. Each tutor is personally insured in respect of legal liability that may arise following the injury or damage to members of the public. The limit of liability in respect of each Tutor is £10m.

11. COMPLAINTS

a. Any complaints concerning any Music Heroes Tutor should be set out in writing to Managing Director, Gayle Kinsey at gayle@musicheroes.co.uk.

12. CANCELLATION

a. Written notice of not less than 4 school calendar weeks is required to terminate lessons. Holidays weeks are not included when counting the number of weeks notice required) .

b. In the event that the Student/Parent discontinues lessons with insufficient notice, the Student/Parent will be liable to pay fees for those lessons not taken during the notice period.

IMPORTANT NOTE

It is important to note that whilst a Tutor will use his or her best endeavours to ensure the Student makes satisfactory progress, this cannot be guaranteed. In particular, careful regular practice as advised by the Tutor is a prerequisite of success on any musical instrument or in any musical endeavour.

July 2018

Updated April 2020 Updated August 2021 Updated August 2022 Updated Nov 2022