Handbook 16: Terms and Conditions

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16. TERMS AND CONDITIONS:

 

A. Applications

i. Applications are accepted at the discretion of HMDT Music and are not transferable.

ii. HMDT Music cannot guarantee student progression. Students will only progress to the next level on the programme if they meet the requirements of that level.

iii. You agree to fully complete the Application/Acceptance Form, and that your answers to the questions shall be true to the best of your knowledge. You understand that any false statements may result in your exclusion from the Saturday Programme.

iv. You understand that places are allocated on an ongoing basis (and subject to a number of factors such as availability and the school schedule), and that the date of submission of your application does not entitle you to preference over another application. HMDT Music may change this admission procedure from time to time, and when a waiting list is required, selection shall be on a lottery basis.

v. By signing the Application and/or Acceptance Form(s) and/or based upon your attendance at the Saturday Programme, you agree on behalf of yourself and the student to be bound by these Terms and Conditions for the duration of the student’s attendance at HMDT Music’s Saturday Programme.

vi. On acceptance of your application, HMDT Music will issue an offer and Offer Acceptance Form and an invoice. You must complete, sign, date and return this within the acceptance period indicated on your offer (usually 7 – 14 days). Failure to do so may result in cancellation of the offer.

vii. HMDT Music may correct any typographical or other errors or omissions in any HMDT Music material relating to the 
application process without incurring any liability to you.

 

B. Payment of Fees

i. Fees are charged in accordance with the fee chart displayed on our website for the current academic year (fees charts are also available from the HMDT Music office). Fees are reviewed annually, and in special circumstances may be subject to change during the course of an academic year. You shall pay HMDT Music the Fees and any additional sums which are due prior to the payment deadlines. You may receive an invoice from us requesting payment, however, making payment for fees/amounts due remains your responsibility regardless of receipt of invoice. Failure to do so, may result in additional charges as outlined below.

ii. The full Fees will be considered due as specified by HMDT Music, and must be received by HMDT Music BEFORE specified deadlines to avoid an additional late charge of £25.00. You may pay your fees by: Direct Debit, Internet Banking (BACS), Cheque, Credit Card (using PayPal), or cash. “Full Fees” includes a £12.00 one-time membership fee to cover the costs of administering the programme. Any benefits received by you for being a member of the Saturday Programme are subject to availability and may change from time to time.

iii. HMDT Music shall not be responsible for any cash payment unless it is handed personally to the Music Manager, Music Coordinator, one of the Directors, or other person so designated by HMDT Music.

iv. All cheques/ payments must be payable to “HMDT Music” (unless otherwise requested by HMDT Music). If your cheque or Direct Debit is not cleared by the bank, you will become liable for an administration payment of £15.00 in addition to any fees due. Should non-payment of fees result in the missing of the fees deadline, you will also be liable for the payment of a £25.00 late fee in addition to any other charges due.

v. If you pay your fees by Direct Debit, the ENTIRE AMOUNT of the fees due for the term will be considered due, regardless of the number of instalments you have elected to make (once per year, once per term, or three per term). If you are paying in one (1) instalment, fees will be collected from your account prior to the commencement of the term for which they are due. If you are paying in three (3) instalments, the first payment for the term will be collected from your account prior to the commencement of the term for which they are due, with the remaining payments being collected during the term. Should you elect not to return for the term, your fees, or a portion thereof, shall be refunded, provided that you have notified HMDT Music of your intention to leave the programme before the required deadline.

vi. You understand that student membership is continued from term to term, and that you MUST provide HMDT Music with written notice of withdrawal from the programme by THE SPECIFIED DEADLINES, otherwise you will be liable for a percentage of the term’s fees for the forthcoming term as outlined below. You also understand that you will be asked to complete a Leavers Form in order to close your account with us and provide useful feedback.

If you fail to notify us of withdrawal, you will still be liable for fees due as follows:

25% if you notify us AND pay after the payment/withdrawal deadline, but prior to the start of the following term;

75% if you notify us AND pay after the start of term;

100% if you fail to notify us or fail to pay after the conclusion of the term.

vii. You understand that in order to avoid the significant costs involved in chasing overdue fees, HMDT Music may from time to time, require you to pay an additional charge when fees remain outstanding. This charge shall be £5.00 per week for pending charges under £500.00, and £10.00 per week for pending charges over £500.00, shall be cumulative, and shall be in addition to any late fees already due:

  • one week after the start of term for any fees;
  • one week after the deadline for any exam fees;
  • one week after the start of any lessons;
  • three weeks after the deadline for payment for any other products/services.

Any invoice issued for such late charges will be considered due immediately and subject to the same payment terms as those outlined in these terms and conditions.

viii.​ You understand that as a final recourse, HMDT Music reserves the right to refuse service to any member of the programme for not meeting their payment obligations, and may from time to time assign outstanding debts to our collection agency.

ix. You understand that all fees are non-refundable. In the event of overpayment, credit will be applied to your account, unless otherwise agreed with HMDT Music.

 

C. Term Dates and Timetables

i. The Term Dates for each academic year shall be provided during the preceding Summer, and will be posted on out website. Timetables may differ from year to year, and the Saturday Programme schedule is subject to change.

ii. It is your/the students responsibility to ensure attendance at the Saturday Programme on the correct dates and at the appointed times. You understand that there are no make-up lessons and no refunds for missed or shortened lessons.

iii. You understand that the Saturday Programme delivers a “wholistic” approach to musical learning and that HMDT Music may schedule off-timetable days and other activities designed to enhance students’ musical education as part of the schedule which may impact upon student lessons. There will be no make-up lessons or refunds for missed or shortened lessons as a result of such activities, or changes to the schedule.

iv. As part of the terms and conditions of our rental of Haggerston School, we must vacate the premises when required. In the unlikely event that a session should be cancelled beyond the control of HMDT Music, there will be no make-up lessons or refunds for missed or shortened lessons as a result of such an incident.

v. You understand that the timetable for The Saturday Programme is a complicated one and that HMDT Music may not be able to accommodate individual requests. In the event that HMDT Music is unable to meet your specific requirements, you understand that all other terms and conditions will remain in full force and effect.

 

D. Contact and Communication

i. HMDT Music is a small charity which depends upon a variety of social media and electronic communication to remain in contact with parents/guardians and students. Our MAIN FORM OF COMMUNICATION WITH YOU WILL BE BY EMAIL, so please provide us with an email address as outlined below. As part of your attendance at the Saturday Programme, YOU AGREE TO SIGN UP to the HMDT Music Facebook page and other Social Media, so that HMDT Music can update you with important information about your programme and relevant programme deadlines, as well as provide you with useful information about music education and our wider activities. From time to time other forms of communication may be used including, but not limited to, Twitter, texting, letter and email.

ii. You agree to ensure that HMDT Music has your personal email address to facilitate easy communication, and that such communication may contain important details about your relevant programme, and to make HMDT Music aware of any changes to your email address or other contact details. You may inform us to send communications to your work email address as well at your own discretion, but not at the exclusion of a personal email address. HMDT Music will not accept responsibility for correspondence not received including, but not limited to, those related to deadlines, invoicing and changes to the schedule.

iii. You agree that when you accept your place at The Saturday Programme, you will be an active participant on the HMDT Music mailing list. Should you choose to cancel your membership you will remain active on our mailing list until such time as you UNSUBSCRIBE from the list. Unsubscribe options will appear on any newsletters or campaigns we send to you. In all other cases, if you request to be removed from our mailing list, you will continue to receive communications until THE END of the last term for which you have paid a membership fee.

iv. You agree to notify HMDT Music should you not have access to the internet, so that HMDT Music may make provision to ensure that you are provided with paper copies of our communications relevant to your programme.

 

E. The Code of Conduct, Rules, Regulations and Your Liability

i. You and your child have read and understand the CODE OF CONDUCT and agree to follow and uphold it. You understand that membership in the Saturday Programme is subject to all Terms & Conditions and guidance material as outlined in the Saturday Programme Handbook, and that these may change from time to time. You understand that should there be any conflict between an earlier version and a later version of any of these policies or Terms & Conditions, the most recent policies or Terms & Conditions shall prevail.

ii. You agree to be wholly liable for any and all actions and/or
 omissions of the student and shall be liable for any liability, financial or otherwise, or injury or damage to property caused by the student whilst at the venue, and shall fully indemnify HMDT Music, their agents, contractors 
and/or employees for any loss, damage, costs or expenses resulting from such liability, injury or damage.

iii. Students behavior shall be subject to the Code of Conduct and the supporting “Three Strikes Policy.” Any failure by the student to adhere to the Rules may result in his/her participation at the Saturday Programme being terminated without refund and in such event the student may be sent home.

iv. HMDT Music reserves the right to withdraw the student from any activity at any time on the grounds of safety or unsuitability.

 

F. Media Release Permission Forms

i. You agree to the terms of the Media Release Form and will be required to sign the form as a condition of the students attendance at the Saturday Programme.

ii. You acknowledge that HMDT Music may use for publicity purposes and without prior notification any photograph taken of the student at the Location, and/or during any Saturday Programme activities and any statement
(whether written or oral) made by you or the student in accordance with the Media Release Form.

iii. You understand that all proceeds from ticket sales or merchandise sales go right back to support the projects we provide for students. Our commitment to you and your child is simple – WE WILL NOT EXPLOIT OUR PARTICIPANTS FOR FINANCIAL GAIN, EVER. You further understand that due to the nature of group performances, it is not possible for us to “edit out” individual students from recordings or photographs, therefore a Media Release Form MUST be completed for ALL students joining one of our projects. If your child is under legal protection or care which might prevent you from signing a media release, then you must address this with us, and appropriate measures will be taken to ensure their privacy.

iv. The use of parental video and cameras is prohibited at HMDT Music events without prior consent being obtained or notice of permission given by HMDT Music. Where HMDT Music for pedagogical or publicity/marketing reasons wishes to record lessons, rehearsals or other events on film/video/dvd, written permission will be required from the parents/guardians of each child involved, providing permission has not already been obtained through the Media Release Form. From time to time, recording of student performances/ lessons may be permitted. In such circumstances, details will be provided by HMDT Music as to the conditions under which recordings/ photographs may be taken, and You agree to abide by the conditions outlined by HMDT Music.

 

G. Instrument Loans

i. Should you and/or the student require an instrument on loan from the Saturday Programme, you shall be bound by the INSTRUMENT POLICY and all of the conditions therein made a part of the policy and the Instrument Loan Agreement.

ii. As noted in the Instrument Loan Policy, you shall be liable for any repairs as the result of DAMAGE to the instrument. You understand that HMDT Music recommends that you add your instrument to your homeowners or renters insurance policy to cover the instrument in the event of damage.

iii. Should you and/or the student fail to return an instrument on loan/still on assisted purchase when requested, you shall be liable to pay a penalty fee of £10.00 per week (in addition to any other fees due), until the instrument has been returned.

 

H. Teaching Practice and Student Progression

i. You will not be permitted to attend the student’s lessons or other activities unless specifically authorised by invitation by HMDT Music or a member of the coaching staff. You and siblings of the student, or other students currently not engaged in the activity will be required to wait in designated areas of the Location as specified by HMDT Music staff and any posted notices.

ii. Students will not be permitted to leave the venue during the programme. Access to the building is at the discretion of Haggerston School, and you agree to abide by any rules required by the Location in this respect. All students and parents MUST sign in and out of the Location as specified in the Code of Conduct.

iii. You will be required to look after any children or students in school year 2 or below in your care. Should you designate a friend or other family member to look after these children, you MUST notify a member of the HMDT Music staff at the staff desk.

iv. All Parents/Guardians are responsible to ensure the safe collection and/or transportation of their students to and from the Saturday Programme venue. You MUST inform HMDT Music staff if you will be late for any reason. HMDT Music cannot be responsible for students who are not collected by their responsible parent/ guardian once their timetable has been completed. No students will be permitted on site after 5pm under any circumstances.

v. All students will be required to be responsible for their own music during the duration of the programme. HMDT Music is under no obligation to provide photocopied music or any other material for student lessons and will not be held responsible or liable for loss.

vi. In the interests of good teaching practice, students WILL NOT be permitted to learn an instrument at the Saturday Programme which they are learning outside of the programme with another teacher/coach, unless as agreed with HMDT Music.

vii. You understand that students shall progress through the levels of the programme in accordance with the recommendations of the student’s coach and HMDT Music’s Music Manager. Students will be required to be of an appropriate skill level BEFORE they will be allowed to progress, and admissions to a BLUE CYMH place and the JJJA shall be subject to audition.

viii. Following the Fledglings Foundation Course, students are asked to choose which programme they wish to follow – ICS! or CYMH. We encourage students and parents to consider CAREFULLY before making a choice. Students who in the course of their studies wish to transfer to a different programme, MUST contact the HMDT office to discuss your request in detail, and we will put you on the transfer waiting list. In the event a place becomes available, you will be charged a £25.00 Transfer Fee. PLEASE NOTE: Should a student who has transfered from one programme to another decide to TRANSFER BACK or TO another programme, there will be a Transfer Fee of £100.00.

 

I. Liability

i. HMDT Music shall not be held liable in respect of any personal injury or loss as a result of you or the student failing to carry out instructions or procedures required by
 HMDT Music in the course of the activities at the Saturday Programme.

ii. Where HMDT Music provides, in connection with the provision of the Services, any goods or equipment or services supplied by a third party, HMDT Music does not give any warranty, guarantee or other terms as to their quality, fitness for purpose, performance or otherwise.

iii. HMDT Music shall have no liability to you or the student for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, inaccurate or illegible,
or arising from the student’s late arrival or non-arrival, or any other fault of you or the student.

iv. HMDT Music shall not be liable to you or be deemed to be in breach of the contract  by reason of any delay in performing,
or any failure to perform, any of HMDT Music’s obligations in relation to the activities, if the delay or failure was due to any cause beyond HMDT Music’s reasonable control.

v. HMDT Music reserves the right to alter programmes,
activities, schedules, age brackets, premises and personnel as it thinks fit and without notice.

vi. HMDT Music will not be bound by any statement unless it is in writing and authorised by a Director of HMDT Music.

 

J. Medical and Behavioural

i. In order to best serve student needs/requirements, any medical or behavioural problems of the student known to you must be notified to HMDT Music in writing on the Application/Acceptance Form(s), and in any event prior to the commencement of the students attendance at the Saturday Programme. You agree to provide HMDT Music with accurate Emergency Contact details when registering for the programme and to notify HMDT Music of any changes to students medical or behavioural status.

ii. In the event that the student becomes ill or incapacitated, you agree to first aid treatment being given to the student if required.

iii. In accordance with HMDT Music’s Three Strikes Policy, HMDT Music reserves the right to refuse attendance by a student on the grounds that any such medical or behavioural problems are not conducive to the student’s or other students’ participation in the Saturday Programme.

 

K. Jewellery, Valuables and Lost Property

i. HMDT Music will not be liable for any item of jewellery or valuable property brought to the venue by the student.

ii. Students must not wear jewellery whilst taking part in physical activities (particularly I Can Sing! dance lessons). If a student is instructed to remove jewellery at any time, HMDT Music will not be responsible for its safekeeping.

iii. HMDT Music will operate a lost property station at the staff desk each Saturday and items LOST ONLY ON THAT DAY, will be available to collect throughout the day. HMDT Music will make best efforts to retain lost property for a fourteen day period for you to collect. ONCE EACH TERM all lost items from previous weeks will be made available to collect. Any unclaimed items after the end of the Summer Term will be disposed of.

iv. HMDT Music will not be responsible for any property left at the venue (by the student or otherwise), and may dispose of any such property if not claimed and collected by you within fourteen days of the end of the Term.

 


 

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