Terms & Conditions: REGULAR, WEEKLY LESSONS (WITH 5+ LESSONS PRE-BOOKED AS A SERIES)

1. Lessons

The Teacher will give tuition in Series of lessons consisting of the number of lessons specified. Series will not necessarily coincide with school terms. The Teacher will give the lessons at the time and location specified overleaf and the Teacher will reserve this time slot for the Pupil. 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. Payment of fees

The Pupil (or the Pupil’s parent or carer) will pay the fees for each Series in full on or before the first lesson of the Series.

3. Lesson timetable

Before the first lesson of each Series, the Teacher will give the Pupil (or the Pupil’s parent or carer) written confirmation of (i) the dates and times of all lessons in that Series (ii) the start date of the following Series. Holiday breaks (as specified by the Teacher) may occur partway through a Series. Lessons will take place on public holidays only by prior agreement between the Teacher and the Pupil (or the Pupil’s parent or carer).

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; (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 carer, 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, 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 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 Series for the termination to take effect at the end of that Series. Such termination will take effect at the end of a Series only and not at any other time. If the Teacher gives notice to terminate tuition at the end of a Series in accordance with this Condition 6(c) the Teacher will continue to provide lessons until the end of that Series.

7. Failure to give notice

Unless terminated under Condition 6 above, this Agreement shall continue from Series to Series. 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 one month or more before the start date of the next Series (as specified by the Teacher in accordance with Condition 3): 50% of the fees for the next Series; (b) Where the notice given is less than one month before the start of the next Series: 100% of the fees for the next Series. If the Pupil stops attending lessons while a Series is ongoing, the Pupil (or the Pupil’s parent or carer) is not entitled to a refund of any fees paid for that Series. 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. Conduct

If the Teacher, in his or her 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 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 does not attend) this shall not mean that he or she must do so in 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.

Terms & Conditions: FLEXIBLE/ ‘PAY AS YOU GO’

1. Lessons

The Teacher will give the lessons at the location specified overleaf. The date and time of each lesson will be agreed in advance of each lesson by the Teacher and the Pupil (or the Pupil’s parent or carer). The agreement should be confirmed in writing.

2. Payment of fees

The Pupil (or the Pupil’s parent or carer) will pay for each lesson on or before the day of the lesson.

3. Missed lessons

The Teacher will charge for any scheduled lessons which the Pupil does not attend, unless either i) the Pupil (or the Pupil’s parent or carer) has given the Teacher at least 48 hours’ written notice or ii) 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) receiving a replacement lesson or (ii) receiving a refund of the lesson fee.

4. 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 carer, where applicable).

5. 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, 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 signatory to this Agreement may terminate the Agreement by giving notice in writing to the other signatory. Such termination will take effect immediately, except that if a lesson is scheduled to take place within 48 hours of notice being given by the Pupil or the Pupil’s parent or carer, that lesson must be paid for.

6. Conduct

If the Teacher, in his or her 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.

7. Communication between the parties

For the purposes of Conditions 1 and 3 written notice may be given on paper, by email or by SMS text message, provided that, in the case of an SMS text message, the recipient acknowledges receipt of the text. For the purposes of Conditions 5 and 8 any written notice, statement or agreement must be recorded on paper or by email (and not by SMS text message).

8. Changes

(a) Any changes to the terms of this Agreement must be confirmed in writing and signed and dated 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 does not attend) this shall not mean that he or she must do so in future or that he or she waives any other rights or remedies, unless agreed in writing in accordance with Condition 8(a) above.

9. 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.

Terms & Conditions: ADDENDUM - ONLINE TEACHING

1. Pupil’s teaching environment and equipment

1.1 The Pupil or Pupil’s Parent or Guardian shall be responsible for a suitable location for online tuition.

1.2 The Pupil or Pupil’s Parent/Guardian 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.

1.3 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.

1.4 The Teacher is not liable for any damage, technical faults or failures of equipment and software belonging to the Pupil or Pupil’s Parent or Guardian.

2 Safeguarding

2.1 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.

2.2 The Pupil or Pupil’s Parent or Guardian agrees to follow any safeguarding requirements specified by the Teacher.

2.3 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 or Guardian and the Teacher preferably by email except in an emergency such as unavoidable cancellation of a lesson at the last minute, where telephone use is acceptable.

2.4 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.

3. Other. All other terms & conditions as stated in ‘Terms and Condiitons: Flexible/Pay As You Go’ shall apply.