Terms & Conditions





PRODUCER: shall refer to HMDT Music of 21-27 Lamb’s Conduit Street, London, WC1N 3GS


THE CLIENT OR CLIENT: shall refer to the educational establishment, school, person, firm, company or other body with whom or with which HMDT Music enters into this contract

refers to the Contract made or to be made between Freshwater and the Client subject to these conditions

shall mean any performance, show, workshop or other services to be supplied by Freshwater to the Client under Contract

  2. HMDT Music’s Terms and Conditions shall apply to and act as Contract between HMDT Music and the Client to the exclusion of any condition contained on or in any order form letter, receipt acknowledgement, or other document emanating from the Client and no variation of these Terms and Conditions shall be effective unless expressly agreed by HMDT Music in writing.b. HMDT Music’s agents are not authorised to make any representations concerning the Presentations unless confirmed by HMDT Music in writing. In entering into the Contract the Client acknowledges that it does not rely on any such representations which are not so confirmed.


    a. It shall be the responsibility of the Client to immediately give HMDT Music information required to ensure that the Presentation is sufficient and suitable for the purpose or purposes intended.b. HMDT Music reserves the right to make without notice to the Client any improvement or alterations to the Presentation which it thinks reasonable or desirable and such improvements or alterations shall not affect the validity of the Contract.

    c. HMDT Music will provide Presentation as agreed in the Terms of the Booking Form and will not allow extra classes over the original number booked unless by prior written arrangement with HMDT Music.

    d. HMDT Music will provide Presentation as agreed in the Terms of the Booking Form and will not allow extra students over the maximum number per session or show unless by prior written arrangement with HMDT Music.





  1. CLIENT agrees to pay for the cost of the project as agreed and to make payment(s) as outlined on the Invoice sent to the CLIENT by PRODUCER.


  1. In the event that the CLIENT cancels or postpones the Presentation, for any reason, there shall be no charge provided that the cancellation or postponement takes place at least 8 working weeks before the planned date of Presentation. Within the 8 week period, the following charges shall apply:If the cancellation or postponement takes place less than 8 weeks, but more than 4 weeks before the planned date of Presentation the Client shall be liable to pay 10% of the full service fee;

    ii. If the cancellation or postponement takes place less than 4 weeks, but more than 1 week before the planned date of Presentation the Client shall be liable to pay 60% of the full fee;

    iii. If the cancellation or postponement takes place 1 week or less before the planned date of Presentation or once the service has been performed or initiated, the Client shall be liable to pay 100% of the full service fee plus any unrecoverable expenses.

    b. In the event that the Client cancels or postpones the Presentation, HMDT Music may elect to waive any of the above cancellation provisions if an alternative date can be made for the Presentation, entirely at the discretion of HMDT Music.

    c. PRODUCER will aim to reschedule a Presentation if PRODUCER is forced to cancel or postpone the Presentation for any reasons.




  1. CLIENT undertakes to fulfil the following obligations:


  1. To introduce students to the themes and topics of the piece using PRODUCER’s resources (if required);


  1. To enable the class teachers (and relevant Teaching Assistants as possible), to attend any introductory INSET session(s) as agreed/required;


  1. To ensure all participating students and supporting staff (as required) attend all workshop, rehearsals and performance(s), punctually as required;


  1. To cooperate with HMDT Music on all administration requirements, ensuring good communication is maintained with HMDT Music’s Creative Director at all times;


  1. To provide use of required spaces as agreed and/or other equipment as specified and agreed;


  1. To make arrangements for any required Media release forms to be signed by parents with copies given to PRODUCER, and allow visits by the PRODUCER’s agents/representatives or persons connected with press and media and/or the recording and documenting of the project subject to prior arrangements by the Creative Director. CLIENT further understands and agrees that all arrangements for video and/or photography of the production on the part of the CLIENT, or the sale of copies of any said material, will be subject to prior written approval of the PRODUCER.


  1. Undertake to provide adequate insurance cover for students and staff involved at all stages of the project;
  2. To acknowledge HMDT Music and any additional sponsors of the project in ALL verbal presentations and written materials produced about, and in promotion of the project as outlined by the Creative Director and to include the HMDT Music logo on all written materials relating to the project;


  1. To ensure participation in the monitoring and evaluation process related to the project including, but not limited to, a short evaluation form(s); student monitoring, including the total number of students and demographic data (this can be done on a class by class basis or as a school percentage if required).



  1. PRODUCER undertakes to fulfil the following conditions:


  1. To create, produce, schedule and manage the project and provide all on-line resources, materials, costumes and props;


  1. To provide a team of DBS checked artists and educators to lead INSET sessions, all sessions, workshops, rehearsals and performances (as required/appropriate);


  1. To provide all information pertaining to scheduling and organisation of the project with adequate notice (except where additional sessions are required at late notice) including templates for required paperwork;


  1. To ensure that there is frequent communication between staff and artists/Creative Director to ensure everyone is satisfied with the nature of the work and the way it is undertaken;


  1. To respect the ethos and ethics of the CLIENT’s School/organisation and comply with their health and safety and safe-guarding policies.


It is understood that as part of this agreement, the CLIENT is granted license of use of the registered trademark for the project for the purposes of promoting the project at THE VENUE. It is understood and agreed that all rights to the trademark reside with the PRODUCER, and that usage is solely for the purposes of the artistic residency described herein.  Additional rights of use, including rights for use on the school website or as part of the required video presentation herein described, may be requested in writing to the PRODUCER.


  1. other terms and conditions


Any Contract between PRODUCER and CLIENT shall be on an order by order basis. Nothing in these terms and conditions shall imply any continuous relationship between PRODUCER and the Client.

PRODUCER shall have the option (without prejudice to any of its other rights) by notice in writing to the Client to rescind any Contract between PRODUCER and the Client in the following events:

a. Should any sum owing by the Client to Producer be overdue whether under the same or any other Contract, or

b. Should the Client be in breach of any term of the same or any other Contract with Producer.

Freshwater shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside Freshwater’s control.

This agreement constitutes the sole, complete and binding agreement between the parties hereto, and supersedes all prior agreements and understandings related to the project herein described. Neither this agreement nor any duties or obligations under this agreement may be assigned, changed, modified or altered except by an agreement in writing signed by the parties.


This agreement shall be governed by and construed in accordance with the laws of the United Kingdom applicable to agreements entered into and wholly to be performed therein. Nothing in this agreement shall require the commission of any act contrary to prevailing law, and wherever there is any conflict between any provision of this agreement and any prevailing law, such law shall prevail and this agreement shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflict.