1. Lessons
Focus Music Agency Ltd will give tuition during school terms (term dates will be as specified by Focus Music Agency Ltd in accordance with Condition 3). The Teacher will give the lessons at the time and location specified overleaf and the Teacher will reserve this time slot for the Pupil.
2. Payment of fees
The Pupil (or the Pupil’s parent or guardian) will pay the fees for each term in full or via Direct Debit on the agreed upon basis by one of the three following payment options
(a) Each month paid upfront on or before the 1st of that month
(b) Via 3 instalments taken at the start of each term
(c) A one off payment for the year upfront
3. Lesson timetable
Before the first lesson of each term, Focus Music Agency Ltd will give the Pupil (or the Pupil’s parent or carer) written confirmation of (i) the dates and times of all lessons during that term (ii) the start date for the following term’s lessons.
4. Missed lessons
Focus Music Agency Ltd will charge for any scheduled lessons which the Pupil does not attend, unless the Teacher chooses not to do so because of exceptional circumstances. If the Teacher cancels a scheduled lesson, the Pupil (or the Pupil’s parent or guardian) may choose between (i) carrying the lesson forward; (ii) receiving a replacement lesson; or (iii) receiving a refund of the lesson fee.
5. Examinations, competitions and public performances
The Pupil will not be entered for any examination, competition or public performance without the prior consent of both the Teacher and the Pupil (and the Pupil’s parent or guardian, where appropriate).
6. Termination of tuition
(a) This Agreement may be ended by mutual consent at any time by both signatories to it signing and dating a written statement to that effect.
(b) Where fees are not paid on time, Focus Music Agency Ltd ("The Company") reserves the right, entirely at the discretion of Focus Music Agency Ltd, to terminate this agreement with immediate effect by giving written notice of termination to the Pupil or Pupil’s parent or guardian. This right to terminate is without prejudice to any other rights Focus Music Agency Ltd may have.
(c) Either signatory to this agreement may terminate the agreement by giving notice in writing to the other signatory at least one month before the end of a term for the termination to take effect at the end of that term. Such termination will take effect at the end of a term only and not at any other time. If Focus Music Agency Ltd gives notice to terminate tuition at the end of a term in accordance with this Condition 6(c) Focus Music Agency Ltd will continue to provide lessons until the end of that term.
7. Failure to give notice
Unless terminated under Condition 6 above, this agreement shall continue from term to term. If the Pupil (or the Pupil’s parent or guardian) fails to give full notice to terminate this agreement in accordance with Condition 6(c) above and the signatories have not agreed to terminate the agreement in accordance with Condition 6(a) above, the following charges will be made in lieu of notice: (a) Where the notice given is less than that required under Condition 6(c), but is one month or more before the start of the next term: 50% of the fees for the next term;
(b) Where the notice given is less than one month before the start of the next term: 100% of the fees for the next term. If the Pupil stops attending lessons during a term, the Pupil (or the Pupil’s parent or carer) is not entitled to a refund of any fees paid for that term. The Pupil is entitled to attend any lessons paid for. If Focus Music Agency Ltd stops lessons without giving the correct notice specified in Condition 6(c) above Focus Music Agency Ltd shall refund any fees already paid for any lessons not given.
8. Conduct
If Focus Music Agency Ltd or a Teacher representing Focus Music Agency Ltd, in his/her or their reasonable opinion, feels unable to continue tuition on account of unreasonable conduct by the Pupil or anyone connected with the Pupil, the fees for any outstanding lessons will not be refundable.
9. Changes
(a) Any changes to the terms of this Agreement must be confirmed in writing and signed and dated by both Focus Music Agency Ltd and the Pupil (or the Pupil’s parent or carer).
(b) If Focus Music Agency Ltd chooses to waive any right or remedy under this agreement or otherwise (for example, if Focus Music Agency Ltd chooses to waive fees for any lessons which the Pupil does not attend) this shall not mean that he or she must do so in the future or that he or she waives any other rights or remedies, unless agreed in writing in accordance with Condition 9(a) above.
10. Communication between the parties
For the purposes of this Agreement written notice must be given on paper or by email.
11. Governing law and jurisdiction
This Agreement shall be subject to the laws of the jurisdiction of the location for the lessons (specified above) and the signatories to this Agreement agree that any dispute relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
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