Terms and conditions

Booking, payment and cancellations

• Lessons are booked through our online booking system.
• Lessons are paid in advance by bank transfer.
• You can cancel a lesson more than 24 hours before it starts at no charge.
• Cancellations made inside 24 hours of a lesson, and missed lessons, are charged as normal.
• If we need to cancel a lesson, it will be carried forward to another date or refunded.
• Lesson fees are reviewed annually, and we will give at least one month's notice of any change.

Lesson agreement

These terms are based on the Musicians' Union (MU) model agreement for private teaching. "The Teacher" means Essex Drum School and "the Student" means the person receiving lessons (or, for students under 18, their parent or guardian).

1. 1. Fees

   Lesson fees are subject to annual review. Where lesson fees are increased as a result of such a review, the Teacher shall endeavour to give the Student at least one month's notice of such increase. The Student shall have the right to terminate this agreement immediately on written notice to the Teacher without liability to pay for any further lessons (and to receive a refund in respect of any lessons for which the Student has paid in advance) in the event that the applicable lesson fees increase.

2. 2. Missed lessons

   Any lesson missed by the Student shall be paid for unless otherwise agreed with the Teacher. If the Teacher is unavailable to give any scheduled lesson, the lesson will be carried forward to another date. If this is not possible, any fee already paid will be refunded or used to pay for a future lesson.

3. 3. Additional lessons

   Extra lessons may be scheduled during holiday periods or at any other time by mutual agreement and at a cost mutually agreed between the Student and the Teacher.

4. 4. Cooling-off period

   1. The Student has a legal right to cancel this agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the "cooling off period" set out in 4(b) below. This means that during that cooling off period, if the Student changes their mind or decides for any other reason that they do not want to receive the lessons, the Student can notify the Teacher of their decision to cancel the agreement and receive a refund for any lessons paid for but not received prior to that cancellation.
   2. The Student's cooling off period starts from the date of this agreement and ends 14 days later. To cancel the agreement the Student should let the Teacher know that they have decided to cancel.

5. 5. Limitation of liability

   1. If the Teacher fails to comply with the terms of this agreement, the Teacher is responsible for loss or damage the Student suffers that is a foreseeable result of the Teacher's breach or negligence, but is not responsible for any loss or damage that is not foreseeable.
   2. If the lessons are due to be performed at the Student's home, the Teacher is responsible for any damage caused by the Teacher to that property.
   3. The Teacher does not in any way exclude or limit their liability for death or personal injury caused by their negligence, fraud, or fraudulent misrepresentation.

6. 6. Goods

   From time to time, the Student may request that the Teacher:

   1. supplies them with goods (for example, sheet music, strings or reeds); or
   2. loans them an instrument or other equipment,

   in connection with the provision of the lessons or the undertaking of performances and/or examinations. This agreement is not intended to include provisions applicable to those scenarios, and the Student and the Teacher should mutually agree relevant terms in writing as required.

7. 7. Termination of agreement

   1. A decision to discontinue lessons after the cooling off period may be taken by the Student or the Teacher, in which case written notice of at least four weeks shall be given by the party seeking to discontinue. In the event that the Student discontinues lessons with insufficient notice, the Student will be liable to pay fees for those lessons not taken during the notice period.

8. 8. General

   1. Neither party shall be liable to the other party for any breach by the other of any of the terms and conditions herein occasioned by any act of God, war, revolution, riot, civil disturbance, strike, lock-out, flood, fire or other cause not reasonably within the control of such party.
   2. The Student undertakes not to make photocopies of any music.
   3. Examination entries, festivals, competitions or otherwise will only be entered if the Student and Teacher are in agreement. Any entry fees will be paid for by the Student.
   4. The Student is responsible for the insurance of the Student's instrument.
   5. In the interests of the Student's well-being whilst in the Teacher's care, the Teacher must be informed of any medical or other condition affecting the Student.
   6. If the Student is under eighteen, the Student's parent or guardian gives permission for the Teacher to teach the Student.
   7. The Teacher is a member of the MU and agrees to abide by the MU's Code of Conduct, a copy of which can be obtained from the MU, whose address is 30 Snowsfields, London SE1 3SU.

Notes for guidance

"Term" in the above context corresponds to the termly calendar in Local Authority (LA) schools.

MU members are insured personally in respect of legal liability that may arise following injury or damage to members of the public. The limit of indemnity is £10m. This policy is only operative whilst the individual registered member is performing, rehearsing or auditioning either solo or as part of a group, band or orchestra and/or whilst teaching either at the member's own home, the Student's own home, or in a public place including transit to and from.

It is important to note that whilst a Teacher will use their best endeavours to ensure the Student makes satisfactory progress, this cannot be guaranteed. In particular, careful regular practice as advised by the Teacher is a prerequisite of success on any musical instrument or in any musical endeavour.

Questions about these terms? Email ben@essexdrumschool.com.