Home Music Academy is the provider of home schooling music classes. (hereinafter referred to as “Teacher” which expression shall where the context so admits include its/his/her successors and assigns) on the first part; AND
YOU are a student who is willing to take home schooling music classes at an agreed fee. (hereinafter referred to as “Student” which expression shall where the context so admits include his/her personal representatives and assigns) of the other part.
WHEREAS:
i. The Teacher is desirous of engaging the Student on a contractual basis to conduct home schooling music classes in the Student’s premises.
ii. The Student is also desirous of receiving home schooling music classes in his or her premises at a fee which both parties will agree upon.
iii. Both the Teacher and Student are in agreement that this agreement is enforceable under any circumstance and by executing the same they have decided abide by the terms and conditions herein.
IN CONSIDERATION of the mutual promises and other valuable consideration exchanged by the Parties as set forth herein, the Parties, intending to be legally bound, HEREBY AGREE AS FOLLOWS: -
1. TERMS
1.0 That the Teacher is not an employee of the Student and merely works as an Independent Contractor at the Student’s home.
1.1 Both parties agree to uphold the music copyright laws in their jurisdiction.
1.2 Both parties undertake that they have done their due diligence and are willing to uphold copyright terms of the music industry.
1.3 Both parties are in agreement that these terms shall govern their relationship.
2. REPLACEMENT CLASS
2.1 Replacement class shall be made on the upcoming week by doubling up the normal class time or by different day and time from the normal class which shall entirely depend on the Teacher’s schedule.
2.2 In the event the Student has multiple replacement class, the class shall be replaced by doubling up the normal class time until all the classes have been fully replaced.
3. CLASS CANCELLATION
3.1 Any class cancellation shall be made at least 24 hours prior to the commencement of the class. There shall be no replacement class for any cancellation that has been made less than 24 hours.
3.2 In order for the Student to claim a replacement class that had a cancellation of less than 24 hours, he or she shall be required to provide medical proof.
3.3 The Teacher is required to inform the Student of any cancellation at least 24 hours prior to the commencement of the class. In the event the Teacher fails to communicate as per the stipulated timeline, the amount of one class payment will be carried forward to the next month. However, the class will be replaced if the Teacher can provide medical proof for the cancellation.
4. PRIVACY AND INFORMATION
4.1 The Student is obligated to provide correct and accurate personal information as shall be required by the Teacher.
4.2 The Teacher undertakes to safeguard the personal information submitted by the Student and the same shall not be shared to third parties not unless it is for product shipping or court order.
5. DEPOSIT
5.1 The Student shall pay a one class deposit at the first time of registration or an upgrade.
5.2 The deposit shall not be refunded in the event the Student decides to quit before the first three months from the first time of registration.
5.3 In the event the Student already completed the first three months of the class, they are required to issue a one month notice to stop, and the deposit will be used for the last class.
5.4 In the event the Student decides to abruptly stop the classes, they shall not be entitled to a refund of the deposit.
6. MONTHLY FEES
6.1 All the fees paid by the Student are non-refundable.
6.2 The Student is required to pay all the fees on the first week of the month on or before the 7th day of the month.
6.3 Failure to pay the fees in accordance with the timelines provided in clause 6.2 may result to suspension from class until the same has been settled.
7. BOOK, MATERIAL, EQUIPMENT, INSTRUMENTS AND EXAM FEES
7.1 Any additional cost related to the lessons including but not limited to book, material, equipment, instruments and exam fees must be paid by the Student.
7.2 The Student shall also be required to cater for shipping costs for any item that requires shipping.
7.3 The Student is required to his or her own book, material, equipment and instruments so as to avoid interruption in the class.
8. DURING LESSON TIME
8.1 The Student is expected to provide a space within his or her space that learning can happen with minimal interruption.
8.2 The Student is allowed to ask questions and seek clarification in instances where he or she has not understood.
8.3 The Teacher is required to give their best in terms of teaching the Student and respond to the best of their knowledge to any questions asked by the Student.
9. SYLLABUS
9.1 The Teacher shall be responsible for choosing one of the syllabuses from Rockschool, Trinity Rock & Pop and ABRSM depending on the Student.
9.2 In the event the Student is already in a certain grade of any syllabus, the Student has the right to choose to stay or to move to another syllabus that has been suggested by the Teacher.
9.3 The exam date, venue, regulation and anything related to the syllabus are subject to the syllabus itself (Rockschool/ABRSM/Trinity Rock & Pop).
9.4 In the event the Student is not interested in the grading exam, the Student must upgrade to the next level based on the Teacher’s assessment.
10. SAFETY
10.1 The Student shall ensure that the premises being used for learning purposes are safe from any hazards that might injure or harm both parties.
10.2 Both parties shall be responsible for their own insurance policies involving medical or any other related issues.
10.3 The Student is obligated to inform the Teacher of any impending danger that might be at the premises where learning is scheduled to take place. Failure to raise the alarm on time shall lead to the Student being required to cater for any harm or injury caused on the Teacher.
11. SURVIVAL
Save with regard to matters which require to be fulfilled and are in fact fulfilled prior to or at the Execution Date, this Agreement shall continue to be in full force and effect.
12. DISPUTE RESOLUTION
a) Should any dispute arise between the parties with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of this agreement, the parties shall in the first instance attempt to resolve such dispute by amicable negotiations.
b) Should such negotiations fail to achieve a resolution within Fourteen (14) days, either party may declare a dispute by written notification to the other, whereupon such dispute shall be referred to mediation.
c) Such mediation shall be resolved in accordance with the provisions of the Laws of contract at the International level.
13. INTENTION TO BE BOUND
a) Each of the Parties hereby agrees and confirms for the purposes of the Law of Contract that it has executed this Agreement with the intention of binding himself/ herself fully to the contents hereof.
b) No person who is not a party to this Agreement shall be made a party to this Agreement or shall have any right to rely on or enforce any term of this Agreement.
14. TERMINATION
Failure to honor the terms of this Agreement by either Teacher or Student automatically terminates this Agreement.