1. Parties

1.1  These Terms and Conditions become effective when you submit the online enrolment form.

1.2  Canberra Vocal Development (“CVD”): provides singing, vocal, performance, and music tuition and instruction (the “Services”).

1.3  Client (“you”): the person responsible for payment and for agreeing to these Terms. Where the Student is a Minor, the Client must be that Student's parent or legal guardian.

1.4  Student: the person receiving lessons.

1.5  Minor: a Student under the age of 18 years.

1.6  Guardian: an adult with legal parental responsibility for a Minor, authorised to enter into these Terms on the Minor's behalf.

1.7  Together, CVD, the Client, and the Student are the “Parties.”

 

2. Services

2.1  CVD provides singing, vocal, performance, and music tuition and instruction, delivered individually or in groups as agreed at enrolment.

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3. Enrolment

3.1  Enrolment for a lesson is confirmed once a lesson time is agreed and CVD advises that the lesson is scheduled. Fees are payable in advance in accordance with Section 4.

3.2  Lessons run during ACT school terms. You may enrol mid-term, subject to availability.

3.3  Lessons during school holidays are available subject to teacher availability. Please email admin@canberravocaldevelopment.com.au to arrange a holiday lesson.

3.4  Workshops and courses are considered confirmed once online enrolment is completed. Payment is due at the time of enrolment.

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4. Fees and Payments

4.1  Current fees are published on CVD's website and are subject to change in accordance with clause 4.8.

4.2  By enrolling, you authorise CVD to direct debit lesson fees from your nominated credit card or bank account. Direct debits reflect the exact cost of your confirmed upcoming lesson(s), and are processed on a fortnightly basis in advance. No fees are deducted for school holiday periods unless a holiday lesson has been separately booked and confirmed under clause 3.3.

4.3  Clients with an established billing history with CVD may request to remain on, or move to, CVD's legacy billing model (10 weeks of lessons billed over a 12-week period). This arrangement is offered at CVD's discretion and can be arranged by contacting admin@canberravocaldevelopment.com.au.

4.4  Trial lessons are charged in advance at the time of enrolment.

4.5  You must inform CVD promptly if your payment details change.

4.6  You will be given at least 14 days' notice of any fee change, in accordance with clause 20 (Variation of Terms).

4.7  You may dispute an incorrect or unauthorised direct debit within 7 days by emailing admin@canberravocaldevelopment.com.au. This does not limit any right you separately have to dispute a transaction with your bank or financial institution.

4.8  A failed payment will incur a $10 administration fee, reflecting CVD's reasonable cost of managing the failed transaction, and lessons may be suspended until the outstanding amount is resolved.

4.9  Fees that remain overdue for more than 3 months may be referred for debt recovery or other legal action.

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5. Discounts

5.1  A 10% discount applies for each additional family member enrolled. The discount applies to the lowest fee-paying family member.

5.2  Family or children's group lessons may be formed; additional group members are charged $10.00 (27 minutes), $15.00 (40 minutes), or $20.00 (55 minutes) each.

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6. Medical and Special Needs Disclosure

6.1  Clients must disclose any medical conditions, allergies, disabilities, or special needs relevant to the Student's participation in lessons, at the time of enrolment or as soon as the condition becomes known.

6.2  CVD will not be held liable for issues, injuries, or complications arising from undisclosed medical or special needs, except to the extent that liability cannot lawfully be excluded.

6.3  Medical information is handled as sensitive information in accordance with CVD's Privacy Policy and the Privacy Act 1988 (Cth) — see Section 18.

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7. Student Absences and Lesson Support

7.1  You must notify your teacher directly as soon as possible if a Student will be absent.

7.2  No refunds or credits are provided for a missed scheduled lesson, other than as set out in this clause or as required by law.

7.3  In place of a make-up lesson, CVD will provide a tailored instructional video addressing the content that would have been covered in the missed lesson. Videos are uploaded to the Student Portal within a reasonable timeframe. Please contact admin@canberravocaldevelopment.com.au if you do not have portal access.

7.4  Group lesson absences may be accommodated by attending another scheduled class, subject to availability and at least 24 hours' notice.

7.5  No make-up lessons or replacement videos are provided for casual (one-off) bookings.

 

8. Teacher Absences and Replacement

8.1  If a regular teacher is unavailable, or ceases engagement with CVD during a term, CVD may provide a replacement teacher at its discretion.

8.2  CVD will aim to notify Clients of a CVD-initiated cancellation at least 3 hours before the scheduled lesson.

8.3  Where CVD cancels a lesson and no replacement has been offered, CVD will provide a make-up lesson or an account credit.

 

9. Cancellation of Enrolment

9.1  Enrolment automatically continues each term unless you provide written notice at least 14 days before the term ends.

9.2  Where insufficient notice is given, a $50 administration fee applies, reflecting CVD's reasonable cost of re-administering the enrolment and any lesson slot held on your behalf.

9.3  Other than as set out in this clause, cancellations made after a term has begun are not eligible for a refund of fees already paid for that term, except to the extent required by law.

9.4  Unless otherwise advertised, for courses, holiday programs, and workshops: a 90% refund applies to cancellations made 30 or more days before the program start date; a 50% refund applies to cancellations made at least 14 days before the start date; no refund applies to cancellations made within 7 days of the start date.

9.5  Nothing in this Section 9 limits any right or remedy you have under the Australian Consumer Law, including where CVD fails to provide the Services with due care and skill.

 

10. Studio Etiquette

10.1  Please arrive on time, as lessons cannot be extended for late arrivals.

10.2  Students should bring a water bottle, sheet music, and any required materials.

10.3  Food, gum, pets (other than assistance animals), and smoking are not permitted in the studio.

10.4  CVD is not responsible for lost valuables. Phones should remain on silent.

10.5  Students displaying symptoms of illness must not attend in person; the teacher may refuse in-person attendance and may offer an online lesson instead.

10.6  Students must behave respectfully. Persistent disruptive or inappropriate behaviour may result in a lesson ending early or termination of enrolment.

10.7  Communal areas should be kept tidy, with noise kept to a minimum.

10.8  Parents or caregivers may remain during lessons if preferred.

10.9  The Client is responsible for the cost of any damage to CVD property caused by the Student or Client.

 

11. Performance and Additional Opportunities

11.1  CVD organises concerts each semester. Participation is encouraged, and respectful behaviour is expected of all attendees.

11.2  Please inform your teacher early if you are participating in shows, auditions, competitions, or exams, so lessons can be tailored accordingly.

11.3  Optional holiday programs may be offered at an additional fee.

 

12. Indemnity

12.1  To the extent permitted by law, the Client and Student agree to indemnify CVD against any liability, loss, or claim arising from the Client's or Student's participation in lessons, except to the extent that the liability, loss, or claim was caused or contributed to by CVD's negligence, breach of these Terms, or breach of a non-excludable consumer guarantee.

 

13. Consumer Guarantees and Warranty

13.1  Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law, including the guarantees of due care and skill, fitness for purpose, and reasonable time.

13.2  Subject to clause 13.1, CVD does not guarantee specific outcomes or results. Lessons are provided in good faith, in accordance with professional teaching standards.

 

14. Limitation of Liability

14.1  To the extent permitted by law, and subject to clause 13.1, CVD's total liability arising from or in connection with the Services is limited, at CVD's option, to resupplying the Services or refunding the fees paid for the Services giving rise to the liability.

14.2  Nothing in this Section 14 limits CVD's liability for death or personal injury caused by its negligence, or for any liability that cannot lawfully be limited or excluded.

 

15. Dispute Resolution

15.1  Disputes should first be raised in writing with CVD. Both Parties will make a genuine effort to resolve the dispute directly within 14 days.

15.2  If the dispute is not resolved, either Party may refer it to mediation under the Resolution Institute Mediation Rules, in Canberra.

15.3  If mediation does not resolve the dispute within 90 days, either Party may pursue arbitration or any other lawful remedy.

15.4  Nothing in this Section 15 prevents you from making a complaint to a relevant regulator (such as the ACT Office of Fair Trading or the ACCC), or from exercising any right to bring a matter before a court or tribunal of competent jurisdiction.

 

16. Non-Compete Clause

16.1  To the extent reasonably necessary to protect CVD's legitimate business interests, the Client, Student, and their immediate family agree not to directly engage a current or former CVD teacher for private tuition outside of CVD, within the ACT and surrounding region, during the Student's enrolment and for 12 months afterwards.

16.2  A breach of this clause may result in immediate termination of enrolment without refund, and CVD may pursue recovery of any resulting loss.

 

17. Photography and Media Release

17.1  CVD may photograph or record lessons and events and use this material for promotional purposes, unless you opt out in writing.

17.2  Where the Student is a Minor, this consent must be given by the Student's parent or Guardian at enrolment.

17.3  You may withdraw this consent at any time by emailing admin@canberravocaldevelopment.com.au. Withdrawal will apply to future use; CVD will take reasonable steps to remove previously published material on request, where practicable.

 

18. Privacy and Data Protection

18.1  CVD handles personal information, including sensitive information such as medical disclosures, in accordance with its Privacy Policy and the Australian Privacy Principles under the Privacy Act 1988 (Cth).

18.2  CVD's full Privacy Policy is available at [insert link] and forms part of these Terms.

 

19. Force Majeure

19.1  Neither Party is liable for a failure or delay in performing its obligations caused by circumstances reasonably beyond that Party's control.

 

20. Variation of Terms

20.1  CVD may update these Terms from time to time. Where a change materially affects your rights or obligations, CVD will give at least 14 days' written notice (including by email) before the change takes effect.

20.2  If you do not agree to a material change, you may end your enrolment in accordance with Section 9, without penalty, before the change takes effect.

 

21. Governing Law

21.1  These Terms are governed by the law of the Australian Capital Territory, and the Parties submit to the non-exclusive jurisdiction of the courts of the ACT.