TERMS & CONDITIONS
Harmonix Choir Terms & Conditions
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These Choir Terms & Conditions are the standard terms which apply to the services I provide to you, by me, Sarah Prescott, trading as Harmonix
whose trading address is:
Flat E Tennyson House, 16 Lower Street, Haslemere, Surrey, GU27 2NX.
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1. Booking, Timing and Cancellation of Choir Sessions, and Consumer Rights
1.1 A Choir Session means any choir session provided by Me, for a period of 60 minutes (or any other period that I agree on any occasion for one or more particular Choir Sessions) that I provide to You.
1.2 If and when I accept (by phone, text message, email or letter) Your offer to book a series of Choir Sessions and You pay for it/them, there will from the date of payment (but not any sooner) be a binding contract between You and Me for The Choir Session concerned.
1.3 Unless I agree otherwise, each series of Choir Sessions must be booked as part of a regular series of Choir Sessions. Each series will be for each half term period at a regular day, time, and location. I will advise You of available time/date slots before You offer to book them.
1.4 Where You have not previously attended any of My Choir Sessions, I may agree to provide a single Choir Session as a trial so that You can decide whether to continue with Choir Sessions with Me;
1.5 When You book any Choir Sessions and pay Me in advance for them, I will be entitled to keep some or all of that payment as set out in sections 1.6 or 1.7 below if You later cancel any such Choir Session/s without giving Me such prior notice as is required by this Agreement to be given, as explained in the following paragraphs of this Section 1.
1.6 You may for any reason cancel a series of Choir Sessions without charge if You give Me at least 48 hours prior notice, in advance of the Choir Sessions commencing. In that event: either I will refund to You the Fee You paid in advance for that series of Choir Sessions or, if when You cancel You ask to rebook for a later substitute series of Choir Sessions and I am able to and in My reasonable discretion I decide to accept that requested substitute booking, I will instead keep the Fee as payment for the substitute series of Choir Sessions. However, once the Choir Sessions have started you must give me 4 weeks notice to cease being a choir member. I will refund you for any sessions left after the 4 weeks notice has expired.
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1.7 I may cancel a booked Choir Session at any time before its time/date slot in the following circumstances:
1.7.1 I am not available to provide tuition on the date and at the time concerned; or
1.7.2 An event described in section 3 below occurs and continues for more than 4 weeks.
If I cancel a Choir Session in such circumstances I will either add an additional Choir Session on at the end of that particular series of Choir Sessions or I will deduct the pro-rata fee for that particular Choir Session from the next series of Choir Sessions that you book with Me.
1.8 I may immediately terminate Your involvement in the Choir Sessions if Your Conduct is in My reasonable opinion unacceptable, or if it amounts to Your breach of this Agreement. You will not be entitled to any refund for Choir Sessions started but not completed in such a case. If at that time further Choir Sessions booked and paid for have yet to be taken, I may cancel any or all of them at the time of terminating the Choir Sessions or within 48 hours after that termination, and in that case I will refund You the Fees for the remaining number of booked Choir Sessions in the series which I cancel.
1.9 Where the contract I make with You is not made on My premises, the consumer regulations give You the rights set out in this section 1.9, and they will be in addition to the rights given to You by the above provisions of this Section 1. You may for any reason cancel a booked series of Choir Sessions during the 14 day period after I accept a booking for it, but if the booking includes any Choir Session on a date which is before the end of that 14 day period, and if You have expressly requested Me to provide any such Choir Session in that 14 day period and I do so, You may not cancel that series of Choir Sessions and You must pay for it in accordance with Section 2. If You request that a booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by this Section 1.9, and You have already made any payment(s) to Me for the booking, I will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the Choir Session(s) that I have provided that is covered by that booking.
2. Fees and Payment
2.1 The Fee for the series of Choir Sessions shall be notified to You in advance by Me, via email.
2.2 The Fee will be paid in advance in blocks of six Sessions (to coincide with the school half term periods).
2.3 The amount of the Fee is subject to change from time to time but I will try to give You as much prior notice as possible of any such changes, and in any event not less than 4 weeks’ notice. Any increase will only apply to bookings made after I notify You of the increase; it will not apply to any Choir Sessions previously booked and paid for.
2.4 You may pay Me for Choir Sessions by Electronic Bank Transfer, using the bank details as set out on My invoice to You.
2.5 All prices of Choir Sessions set out in this Agreement or notified to You from time to time are inclusive of VAT that is chargeable on amounts payable for Choir Sessions.
3. Events Beyond My Reasonable Control
3.1 I will not be liable for any failure or delay in performing My obligations under this Agreement resulting from any cause beyond My reasonable control, including illness, lack of available facilities, non-performance by suppliers, any law or any action taken by a government or public authority, act of god, or any other similar or dissimilar event or circumstance that is beyond My control.
3.2 If any event described under section 3.1 occurs that is likely to adversely affect My performance of any obligations under the contract, I will try to inform You as soon as is reasonably possible, My obligations will be suspended and any time limits that I am bound by will be extended accordingly. I will inform You when that event is over and provide details of any new dates, times or availability of Choir Sessions as necessary. You may, without liability to Me, cancel any Choir Session(s) which do not take place due to that event, and I will refund in full the Fees that You have paid to Me for the cancelled Choir Session(s).
4. Limitation of Liability
4.1 I will be responsible for any foreseeable loss or damage that You may suffer as a result of My breach of these Terms or as a result of My negligence. Loss or damage is foreseeable if it is an obvious consequence of My breach or negligence or if it is contemplated by You and Me when My contract with You is created. I will not be responsible for any loss or damage that is not foreseeable.
4.2 I provide all Choir Sessions only for personal and private use/purposes. I will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
4.3 If You bring any personal belongings on to the premises, I do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at Your own risk except where such loss or damage is due to any deliberate or negligent act by Me. I will not be responsible for any loss or damage to Your personal belongings caused by any other choir member, guest or visitor to the Choir Sessions. I therefore advise You not to bring any valuable belongings to the Choir Sessions.
4.4 Nothing in these Terms are intended to or will exclude or limit My liability for death or personal injury caused by My negligence or for fraud or fraudulent misrepresentation.
5. Children
5.1 If your child is attending a Harmonix Choir then You give Me permission to teach your child.
5.2 The child must either be accompanied by You or some other responsible adult nominated by You, or You must be contactable by Me by mobile phone for the duration of each Choir Session.
5.3 I will not be responsible for care or safety of any minor other than your child attending the Choir Session.
5.4 In the interests of the child’s well-being, You must inform Me before he/she attends any Choir Session of any medical or other condition affecting the child which might be or become relevant in relation to that Choir Session.
5.5 If You do not tell Me before a Choir Session of anything referred to in section 5.4 that I then discover, I may, acting reasonably, decide not to provide that or the remainder of that Choir Session or any other Choir Sessions booked and to treat any such Choir Sessions as cancelled by You without notice, in which case I may make a charge to You for that cancelled Choir Session (or part of it).
5.6 I hold an Enhanced DBS certificate, and I take the safeguarding of My young and/or vulnerable students very seriously. I have also completed training on child protection in music. Please let me know if You need any further information on either of these
aspects.
6. Changes to Terms and Conditions of this Agreement
I may from time to time change any terms and conditions of this Agreement without giving You notice, but I will use My reasonable endeavours to inform You as soon as is reasonably possible of any such change.
7. How I use Your Personal Information (Data Protection)
For complete details of My collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to My Privacy Notice available from Me.
8. Complaints
I always welcome feedback from You and, whilst I always use all reasonable endeavours to ensure that Your experience as My customer is a positive one, I nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about any Choir Session/s or any other complaint about Me, please raise the matter with Me by speaking to me or by contacting me by email.
9. Law and Jurisdiction
9.1 The Agreement, and the relationship between You and Me (whether contractual or otherwise) shall be governed by, and construed in accordance
with the law of England & Wales.
9.2 Any dispute, controversy, proceedings or claim between You and Me relating to the Agreement, or the relationship between You and Me (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.