|Terms and Conditions for Pupils/Parents
Lessons will be charged at the rate of £37.00 per hour, pro rata for any part of an hour.
The Teacher, Luke Pickett, may serve written notice of an increase in fees to the Pupil (or the Pupil’s parent or carer, where appropriate) by no later than four calendar weeks preceding the school term when the increase takes effect.
The Conditions set out below will apply to this Agreement.
When an online booking form has been submitted via lukepickettmusic.co.uk and the Pupil (or if the Pupil is under 18 years of age, the Pupil’s parent or carer) has ticked the agreement box, this Agreement will constitute a legally binding contract between the person submitting the form and the Teacher. The Teacher will contact the Pupil (or the Pupil's parent or carer, where appropriate) confirming arrangements for lessons or, in the event that lessons cannot be arranged, cancelling this Agreement.
The Pupil (or the Pupil’s parent or carer) will have the right to cancel this Agreement within 14 days of the date of this Agreement by giving written notice of cancellation to the Teacher. Lessons may commence during this 14 day period and will be charged at the above rate. Once the 14 day cancellation period has expired, the Agreement will remain in force continuously unless terminated in accordance with Condition 6 below.
Conditions of music tuition
The Teacher will give tuition during school terms (term dates will be specified by the Teacher in accordance with Condition 3). The Teacher will give the lessons at the time and location specified in the confirmation email to the Pupil (or Pupil's parent or carer) and the Teacher will reserve this timeslot for the Pupil. The Teacher reserves the right to change the time of the lesson from that specified overleaf. In exceptional circumstances the Teacher reserves the right to give lessons in alternative locations and timeslots, including online.
2. Payment of fees
The Pupil (or the Pupil’s parent or carer) will pay the fees for each school term (three term year) in full on or before the first lesson of the school term. Payment will be made either via cheque, made payable to ‘Mr Luke Pickett’ or preferably via BACS transfer to the account listed on the invoice. Payment can also be made via Paypal - a charge will be applicable for this, which will be detailed on the invoice.
Reference: Invoice Number and Pupil Surname.
Fees are subject to an annual increase. In the event of another pupil ceasing lessons in a paired or group situation it is possible that costs will rise in the next school term. The Pupil (or the Pupil’s parents or carer) will be notified of any change in fee or lesson type. If the Pupil (or the Pupil’s parent or carer) then wishes to amend or withdraw their agreement they may do so by giving four calendar weeks’ notice in writing without penalty.
3. Lesson timetable
Before the first lesson of each term, the Teacher will give the Pupil (or the Pupil’s parent or carer) written confirmation of the dates and times of all lessons during that term. The Teacher reserves the right to change the time of the lesson.
4. Missed lessons
The Teacher 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 carer) may choose between (i) carrying the lesson forward, if available; (ii) receiving a replacement lesson, if available; 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 (or the Pupil’s parent or carer, where appropriate).
6. Termination of tuition
(a) This Agreement may be ended by mutual consent at any time by both the Teacher and the Pupil (or Pupil's parent or carer) agreeing to this in writing.
(b) Where fees are not paid on time, the Teacher reserves the right, entirely at the Teacher’s discretion, to terminate this Agreement with immediate effect by giving written notice of termination to the Pupil or Pupil’s parent or carer. This right to terminate is without prejudice to any other rights the Teacher may have.
(c) Either the Teacher or the Pupil (or Pupil's parent or carer) may terminate this Agreement by giving notice in writing to the other party at least four calendar weeks before the end of a school term (three term year) for the termination to take effect at the end of that term. Such termination will take effect at the end of a term only (three term year) and not at any other time. If the Teacher gives notice to terminate tuition at the end of a term in accordance with this Condition the Teacher 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 (and therefore year to year). If the Pupil (or the Pupil’s parent or carer) 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 four calendar weeks or more before the start of the next school term (three term year): 50% of the fees for the next school term (three term year);
(b) Where the notice given is less than four calendar weeks before the start of the next school term (three term year): 100% of the fees for the next school term (three term year).
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 school term (three term year). The Pupil is entitled to attend any lessons paid for.
If the Teacher stops lessons without giving the correct notice specified in Condition 6(c) above the Teacher shall refund any fees already paid for any lessons not given.
8. Force Majeure
The Teacher shall not be liable to the Pupil (or Pupil’s parent or carer) for any delay in or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: Act of God, governmental act, war, fire, flood, explosion, widespread outbreak of disease or declared epidemic or pandemic, civil commotion, chemical, biological or nuclear contamination or terrorist act. The Teacher will charge for any schedule lessons which the Pupil does not attend, unless the Teacher chooses not to do so because of exceptional circumstances. The Teacher will endeavour to either make up missed sessions or offer alternative provision but is under no obligation to do so.
If the Teacher, using his reasonable discretion, feels unable to continue tuition on account of conduct by the Pupil or anyone connected with the Pupil, the fees for any outstanding lessons will not be refundable.
(a) Any changes to the terms of this Agreement must be confirmed in writing by both the Teacher and the Pupil (or the Pupil’s parent or carer).
(b) If the Teacher chooses to waive any right or remedy under this Agreement or otherwise (for example, if the Teacher chooses to waive fees for any lessons which the Pupil (or any other pupil) does not attend) this shall not mean that he must do so in future or that he waives any other rights or remedies, unless agreed in writing in accordance with Condition 9(a) above.
11. Communication between the parties
For the purposes of this Agreement written notice must be given on paper or by email.
12. 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.
Addendum to Agreement for Private Music Tuition: Online teaching
This Addendum is hereby and herewith incorporated into the Agreement for Private Music Tuition between Luke Pickett (The Teacher) and the Pupil (or Pupil’s Parent/Carer if under 18) and will come into force in the event lessons take place online.
1. Location of lessons
The Teacher shall give lessons to the Pupil in accordance with the Agreement. If the Teacher and the Pupil cannot meet in person at any physical location in the Agreement for reasons beyond the control of the parties, tuition will be given to the Pupil via an online platform as agreed by the parties for a period to be agreed by the parties in writing during which the terms of this Addendum will apply. If the location given in the Agreement is ‘Online’ all lessons shall be given online in accordance with the terms of the Agreement and this Addendum.
2. Timetable and duration of lessons
The lesson timetable and lesson duration shall be as specified in the Agreement. The Teacher and Pupil (or Pupil’s Parent/Carer) may agree to vary the timetable and duration of lessons subject to written confirmation by each party to any agreed changes.
3. Additional lessons
The Teacher and Pupil (or Pupil’s Parent/Carer) may agree at any time to schedule additional online lessons, which shall be paid at current the pro rata hourly rate.
4. Pupil’s teaching environment and equipment
4.1 The Pupil (or Pupil’s Parent/Carer) shall be responsible for a suitable location for online tuition.
4.2 The Pupil (or Pupil’s Parent/Carer) shall be responsible for provision of technology suitable for the online tuition and shall ensure that any applications or other technology specified by the Teacher for the tuition is installed and tested before online lessons commence. The Teacher is not responsible for the loan or supply of any equipment or materials, unless agreed in writing in advance.
4.3 The Teacher is not liable for any delays or disruptions caused by technical difficulties of whatever nature at the Pupil’s home or their location for the lessons. The teacher shall not be required to make up any time lost through such incidents.
4.4 The Teacher is not liable for any damage, technical faults or failures of equipment and software belonging to the Pupil (or Pupil’s Parent/Carer).
5.1 The parties agree that safeguarding in the online environment is of paramount importance and agree that they shall observe best practice and professional guidance (such as advice to teachers from the ISM) in safeguarding and child protection at all times.
5.2 The Pupil (or Pupil’s Parent/Carer) agrees to follow any safeguarding requirements specified by the Teacher. These can be found in The Teacher’s Safeguarding & Child Protection Policy.
5.3 The Pupil, if aged 18 or under, will not contact the Teacher directly by any means for whatever reason: all communications relating to the lessons shall be made between the Pupil’s Parent/Carer and the Teacher preferably by email.
5.4 Inappropriate behaviour or use of inappropriate or unlawful materials during the lessons by the Pupil may result in the Teacher terminating the lesson immediately and the teacher reserves the right to terminate the agreement with immediate effect, in which case the Teacher shall not be required to refund any fees previously paid.
All other terms in the Agreement shall remain unaffected and remain in full force.