1The Parties

1.1 These Terms and Conditions become effective on the date the online enrolment form is submitted and apply to the following:

Canberra Vocal Development: The entity responsible for delivery and management of the Service (“CVD”)

Client: The individual responsible for paying for the services and agreeing these terms and conditions (“Client”)

Student: The individual who is the person that receiving the Services (“Student”)

1.2 CVD, Client and Student are collectively referred to as the “Parties,” and agree to the terms and conditions contained herein.

 

2 Services

2.1 The Services are for the provision of singing, vocal and relevant music tuition to the Student.

 

3 Enrolments

3.1 A Client is considered enrolled and liable for cost of lesson/s as soon as they have agreed to a lesson time. By enrolling and agreeing to commence lessons, Clients agree to the terms and conditions set out herein and as they change from time to time.

3.2 Lessons at CVD run during the ACT school term. Enrolments can be submitted throughout the term and students may start part way through a term if there is availability in a program. The Enrolment Form must be adequately completed to secure a place in a chosen program.

3.3 Lessons are available through school holiday periods and are subject to teacher availability. Clients and/or Students should contact admin@canberravocaldevelopment.com.au to arrange a suitable time.

 

4 Fees and Invoicing

4.1 Fees are advertised on the CVD website. These fees are final and fees advertised on the website take precedence over any other advertised or communicated fees regardless of any administrative error on the part of CVD.

4.2 Invoices will be issued before beginning of the preceding term with the full balance of the invoice payable by the Friday before each term starts. Students starting partway through a term will be charged pro rata in advance and must pay for lessons prior to commencing lessons. If Clients do not receive an invoice by the start of week two in any term, they should inform the Student’s teacher or email the office.

4.3 CVD is committed to reducing its environmental impact and will therefore email invoices to the email address provided on the Enrolment Form. Please inform CVD promptly if the Client email address changes by contacting the office at admin@canberravocaldevelopment.com.au.

4.4 Payment can be made using Visa or Mastercard directly through our secure online invoicing system or by EFT to:

Canberra Vocal Development

BSB: 062 903

Account: 1095 7471

 

5 Discounts

5.1 A 10 per cent discount applies to each additional family member who enrols for the term and pays in advance by the invoice due date. The discount is applied to the family member with the lowest fees for each invoice.

5.2 Students may also receive a 10% discount on their fees for one term if they refer a student that enrols for the term and pays in advance by the invoice due date.

 

6 Payment plans and late fees

6.1 CVD understands that, at times, Clients have difficulty meeting their financial commitments. CVD asks that Clients contact the office on 0403 707 761 or via email to discuss payment arrangements before the due date to discuss a payment plan, such as an extension on the due date or an instalment plan.

6.2 Where CVD does not receive communication from the Client regarding the need for a payment plan or extension on an invoice, late fees will be applied in accordance with cl 6.3.

6.3 Fees remaining unpaid after their due date will incur a $50 late fee. The late fee will be applied to any unpaid invoices after the due date has passed unless CVD has received communication requesting an extension or an instalment plan in accordance with cl 6.1. 

6.4 Outstanding fees carried over to the following term will incur an additional $50 late fee and enrolment will be suspended until the full invoice/s and late fees have been paid. Recommencement of lessons will only be permitted where fees for the next teaching period are paid in advance.

6.5 CVD reserves the right to suspend or cancel enrolments where fees have not been paid or have been paid late more than once and where a payment plan has not been entered into in accordance with cl 6.1.

6.6 Failure to pay fees over 3 months beyond the due date are liable to incur legal action, which can result in a black mark being placed against the Client’s credit rating. 

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7 Student cancellations and make-up lesson policy

7.1 If late or unable to attend, please notify the Student’s teacher via their mobile as soon as possible before the lesson.

7.2 Where a student is absent for a regular weekly lesson, CVD does not provide credits or refunds, regardless of notice. This ensures teachers, who dedicate their time to Students and hold a Student’s allocated spot each week are remunerated fairly for their time. It also ensures fairness to other students by removing the need to move them from their weekly time slot.

7.3 Termly solo weekly lessons: at the sole discretion of CVD, Students may receive a maximum of one make-up lessons per term.  Make-up lessons are to be held at a mutually agreeable time for the teacher and Student. While CVD will do its best to schedule a make-up lesson, no refunds or credits will be provided if a suitable time cannot be found. Students who fail to provide 24 hours’ notice of an absence will not be eligible for a make-up lesson.

7.4 Termly group lessons: at the sole discretion of CVD, students may receive a maximum of one makeup lessons per term by attending another scheduled lesson of the same type. Clients should note this may not be with the same teacher and is subject to availability. No refunds or credits will be provided if a suitable time cannot be found. Students who fail to provide 24 hours’ notice of an absence will not be eligible for a makeup lesson.

7.5 No make-up lessons will be provided for cancellation of casual/one off bookings.

 

8 Teacher absences

8.1Where a Student’s regular teacher is absent, CVD reserves the right to provide a relief teacher for that lesson.

8.2Where a lesson is cancelled by CVD, CVD will aim to notify students by SMS (to the mobile number provided on your form) 3 hours before the lesson is scheduled.

8.3Where a lesson is cancelled by CVD, the student(s) will be offered a make-up lesson at a mutually agreeable time to both teacher and student or, in the event a teacher cannot provide a make-up lesson, a credit will be applied by way of deduction to the following term fees. No refunds will be provided where a Student does not continue to the next term.

 

9 Cancellation of enrolment

9.1 For termly enrolments, continuation of lessons to the next term and/or year is assumed unless notice is given including at the end of each calendar year. This ensures Students reserve their lesson time on a continuing basis.

9.2 If a Client fails to inform the Student’s teacher or the office by the end of the term of their intention to cease lessons in the next term, they will be charged a $50 cancellation fee.

9.3 To ensure fairness to its teachers, CVD is unable to provide refunds for cancellations part-way through a term.

9.4 For holiday programs and workshops, CVD is unable to provide refunds for cancellations once a program has started.  Cancellations before the program has started will incur a $50 cancellation fee.

 

10 Etiquette

10.1 Lessons start on time. This makes lessons fair for everyone. Particularly for group lessons, Students are encouraged to arrive on time so not to miss musicianship, breathing and warm-up as these are all essential to vocal development. For Students that run late to a solo lesson, no time will be added to make up the time missed.

10.2 All Students are expected to bring a water bottle to lessons, any sheet music and books they have been given (or purchased). Students are required to keep any printed in a folder and Students should bring a pencil so they can mark music as required. Additional copies of music that has been lost will incur a charge.

10.3 Due to the potential allergies of other students, please do not bring any food, gum or pets (excluding assistance animals) into the studio. No smoking is permitted in or adjacent to the studio.

10.4 Students that bring jewellery or valuable items to the studio do so at their own risk as CVD will not take responsibility for loss or damage of these items. Out of respect to our teachers (and other students), we ask that mobile phones are not used during lesson times unless absolutely necessary for urgent matters.

10.5 Students who are unwell including displaying cold and flu symptoms should not attend lessons. This is important for the safety of teachers and other students. Clients should contact their teachers as soon as symptoms are displayed. It is at the sole discretion of the teacher whether to teach a lesson where a Student shows up to a lesson symptomatic.

10.6 CVD aims to provide a comfortable, safe and respectful environment for Students to encourage learning, growth and creativity. Students and Clients are required to show respect to others including other students, their family and friends and teachers. Any Students that display inappropriate or disruptive behaviour may be asked to leave the lesson until they are able to participate in a constructive manner. Students being disrespectful to others on a continual basis may be sent home or, in extreme cases, removed have lessons terminated.

10.7 A communal kitchen is available for the use of Students and their families however it is expected that these areas are kept clean and tidy so that everyone can enjoy them. Any persons waiting for collection of Students or for their lesson to start are asked to keep noise to a minimum so other students are not distracted in their lessons.

10.8 Parents or other relevant care takers are not required to stay while lessons run however, to ensure Students are comfortable, they may stay if the Student wishes them to.

10.9 Any damage or losses to CVD property, its premises or any facilities hired by CVD caused by Students or their visitors must be paid for by the Client.

 

11 Performance experience and other opportunities

11.1 Once a semester, CVD will aim to hold a concert to showcase each Student and their development. Students are encouraged to participate as it is an opportunity to gain confidence while performing and to support other students’ learning. CVD etiquette  applies to any performances and all Students and audience members are required to show respect and consideration to all.

11.2 Where Students wish to participate in eisteddfods and/or music exams, Students and/or Clients responsible for notifying the Student’s teacher. This should occur at the beginning of the year as there are enrolment deadlines for these activities.

11.3 CVD aims to hold holiday programs twice a year for 8-18 year olds. CVD encourages Students to participate in these intensive programs to help become more rounded singers and performers. While encouraged, these programs are optional and come at an additional cost.

 

12 Indemnification

12.1 To the fullest extent of the law, the Client and Student shall indemnify, defend and hold harmless CVD, its officers, employees, agents, representatives, consultants, and contractors from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees) or liabilities arising out of, resulting from, or in connection with delivery of the Services.

 

13 Warranty

13.1 CVD makes no guarantees that receipt of the Services will result in any improvement in the Student’s grades or exam scores. The Tutor will make a good faith effort in accordance with industry standards.

 

14 Dispute

14.1 Any dispute, controversy or claim arising out of or in connection with this Contract, including its existence, breach, validity or termination (Dispute) must be dealt with in accordance with this clause. This clause does not prevent either Party from seeking urgent injunctive or similar interim relief from a Court.

Either Party claiming that there is a Dispute must notify each other Party in writing and give details of that Dispute in accordance with this Contract (Dispute Notice). Following the giving of a dispute notice, the Contractor and of the supervisor of the Contract Manager will meet and use reasonable efforts to resolve the dispute within 14 days of the giving of the dispute notice.

If the Dispute is not resolved within 30 days from the date that the written notice of the Dispute is received, then either Party may submit the Dispute to mediation in accordance with, and subject to, the Resolution Institute Rules.  The mediation must take place in Canberra, Australia and be administered by the Resolution Institute.

If the Dispute cannot be resolved within 90 days (unless this period is extended by mutual agreement in writing) from the date it is submitted for mediation, then the Dispute must be resolved by arbitration in accordance with dispute resolution rules of the governing law. 

The decision of the arbitrator (including any award as to costs) will be final and binding. 

The Parties must continue to comply with the Contract but no Party need pay any monies in relation to the matter under dispute until it is resolved.  This Item does not limit any right of termination under this contract.

 

15 Governing Law

15.1 The laws applying in the Australian Capital Territory will govern the Contract and the Parties agree to submit to the non-exclusive jurisdiction of the courts of the Governing Law in respect of those matters not governed by Dispute Resolution.