TERMS AND CONDITIONS
(REFUNDS AND CANCELLATIONS)
MEMBERSHIP TERMS & CONDITIONS
1. ABOUT THE AGREEMENT
1.1 References to ‘you’, ‘your’ and ‘yours’ are references to the individual receiving the membership email.
References to ‘we’, ‘us’ and ‘our’ are references to the “West Kensington Music Team / WKMT LTD Company No. 10009995” referred to on this membership email, operated by Juan Rezzuto sole trader, and whose business address is 40 Kensington Hall Gardens, Beaumont Avenue, London W14 9LT.
The “Agreement” means the membership agreement entered into between you and us, which incorporates the membership email, and/or the credit card authorization form and these Terms and Conditions.
WKMT means the music tuition studio of which you are a member.
The “Subscription Fee” means the WKMT membership fee for the Membership Term, payable either in full in advance or monthly in advance by automatic debit through a Credit Card Authorization Form. Automatic Debit Members will be required to pay an “Automatic Debit Administration Fee” upon joining, the amount of which will be confirmed by the WKMT.
An “Automatic Debit Member” is a WKMT member who pays the Subscription Fee in advance by monthly direct debit. A “Prepaid Member” is a WKMT member who pays the Subscription Fee in full in advance for the whole Membership Term.
The “Facilities” means the WKMT studio.
2. MEMBERSHIP DURATION
2.1 The “Membership Term” is the period of months specified on the membership membership email, in the case of Prepaid Members, commencing on the day following receipt of the Subscription Fee, or in the case of Automatic Debit Members, the first payment towards the Subscription Fee.
2.2 If you are a Prepaid Member, unless your membership has been brought to an end early in accordance with the Agreement, we will write to you giving you not less than one week’s’ notice of the expiry of the Membership Term and offering you the opportunity to renew your membership. Our email to you will indicate the new Subscription Fee payable for the new term and any other revised terms.
2.3 If you are an Automatic Debit Member, unless your membership has been brought to an end early in accordance with the Agreement, the Agreement will continue after the expiry of the Membership Term unless and until you terminate the Agreement by giving the WKMT notice in writing of not less than 30 days, not to take effect prior to expiry of the Membership Term. If you fail to terminate in accordance with the Agreement, the Agreement will continue on a month-to-month rolling basis. If you wish to terminate, it is your responsibility to instruct our administration team to stop the automatic debit payments at the end of the Membership Term.
2.4 If within 14 days of the commencement of the Membership Term you wish to terminate the Agreement you must notify the WKMT in writing within that 14 day period, in which case we will agree to terminate the Agreement and refund you the paid Subscription Fee, less a proportionate amount for the hours you have used in lessons while still being a member (as at the date of receipt of the notice and up to a maximum of 14 days) and an early cancellation administrative charge (currently £30).
3.1 Payment of the Subscription Fee entitles you to the use of the hours of one-to-one-lessons at the studio during its opening hours. Other charges which are in addition to the Subscription Fee include participation in our London Music Festivals, Recordings and other incidental activities. All local prices are displayed at our “website”.
3.2 We have the right to review and increase the Subscription Fee at any time. We may implement an annual review of the Subscription Fee on 1st January. (A) If you are a Prepaid Member the review of the Subscription Fee will not affect you during the Membership Term. (B) If you are an Automatic Debit Member we will give you 30 days’ written notice of the review of the Subscription Fee and the revised monthly payments. If the review results in an increase in the price then you may terminate the Agreement with effect from the date of the proposed increase by writing to the Club at least 7 days before the date of the increase. This will not affect your liability to pay the Subscription Fee up until 1st January (or the new annual review date, if we have changed it).
4. YOUR OBLIGATIONS
4.1 You agree to pay the Subscription Fee and other applicable charges;
4.2 To comply with WKMT Rules;
4.3 To observe and conform to all health and safety rules and guidance regarding usage of the studio, displayed at the studio and/or on our Website;
4.4 To use the WKMT equipment and facilities in accordance with all usage instructions, not to abuse the equipment and facilities and to conduct yourself in an orderly manner so as not to interfere with other members use or enjoyment of the WKMT and its facilities.
5. TERMINATION BY EITHER PARTY WITHOUT CAUSE
5.1 If you wish to terminate the Agreement prior to the end of the Membership Term other than in accordance with Sections 2.4, 3.2(B), 5.2, 6.2, and 7, the following will apply. If you are a Prepaid Member, we will not make a refund of the Subscription Fee or any part of it, or, if you are an Automatic Debit Member, you will remain liable to us for the full annual Subscription Fee, even if you have cancelled your direct debit.
5.2 In addition to our termination rights under Section 6.1 below, if it becomes impractical for us or the WKMT to continue to provide the services under the Agreement, we may terminate the Agreement on 30 days’ written notice. For example, we may take the decision to close the studio permanently.
5.3 If we terminate pursuant to section 5.2 and you are a Prepaid Member, you will be entitled to a proportionate amount of the Subscription Fee for the unexpired duration (“Prepaid Member Refund”). If you are an Automatic Debit Member no further payment will be due from the date of termination and you will be entitled to a proportionate amount of monthly direct debit payment in respect of the month of termination (“Direct Debit Member Refund”), where applicable.
6 TERMINATION BY EITHER PARTY FOR BREACH
6.1 We may terminate your Membership: (A) on 30 days’ written notice if any unpaid fees or charges remain unpaid for 30 days or more; (B) or immediately at our absolute discretion if you are in serious breach of the Agreement or commit repeated minor breaches. If we do terminate your membership for any of these reasons you shall not be entitled to any repayment of the Subscription Fee. If you are an Automatic Debit Member, you will remain liable, in accordance with the existing terms, for the full amount of the Subscription Fee to the end of the initial Membership Term, even if you change your card details.
6.2 You may terminate your Membership by giving the WKMT 30 days’ notice in writing if: (A) We significantly reduce the Facilities or opening hours of the WKMT studio, or close the Studio for refurbishment, for a period of more than 8 weeks at a time (for the avoidance of doubt a significant reduction of the Facilities means closure of more than one room and/or suspension of the complimentary drinks facilities and significant reduction of opening hours means being open for less than 8 hours a day). We will use our reasonable endeavours to give you at least 1 month’s notice of the change (either in writing or by displaying a sign at the WKMT studio); (B) We change the location of the Studio in more than 3 miles; or (C) We vary the terms of the Terms and Conditions in accordance with Section 15.1, and you can demonstrate to our reasonable satisfaction that the changes are materially prejudicial to you. Your right to terminate pursuant to this Section 6.2(C) does not apply if the variation has been imposed on us by legislation, government or local authority regulation or regulation of any other competent body. 6.3 If you terminate your Membership pursuant to Section 6.2 and are a Prepaid Member, you will be entitled to a Prepaid Member Refund. If you are an Automatic Debit Member no further payment will be due from the date of termination and you will be entitled to an Automatic Debit Member Refund, where applicable.
7. TERMINATION OR TRANSFER BY YOU DUE TO CHANGE OF CIRCUMSTANCE
7.1 If you are unable to use the lessons due to redundancy or being diagnosed with a medical condition that prevents you from taking your lessons (your “Change of Circumstances”), and you can provide reasonable evidence (as detailed in Section 7.2 below) of your Change of Circumstances, you may, on 1 month’s notice, terminate the Agreement or transfer your membership.
7.1a Re-allocation will not be accepted as a valid cancellation reason, as long as the re-allocating area counts with internet service, as the studio is professionally equipped and our teachers are professionally trained to deliver Skype lessons to any part of the world.
7.1.a.b Re-allocation could be exceptionally accepted as a reason for cancellation if the re-allocating area does not count with internet access.
7.2 The following will be considered as reasonable evidence of your Change of Circumstance: P45 or similar evidence for redundancy and a doctor’s letter for a medical condition.
7.3 If you terminate your Membership because of your Change of Circumstances and are a Prepaid Member, you will be entitled to a Prepaid Member Refund. If you are an Automatic Debit Member, no further payment will be due from the date of termination and you will be entitled to an Automatic Debit Member Refund, where applicable.
7.4 If you transfer your membership to another person (the “Substitute Member”) for the remainder of the Membership Term; provided that the Substitute Member agrees in writing to be bound by the Agreement and, if you are an Automatic Debit Member, agrees to continue to pay the Subscription Fee by direct debit, you will not be liable for any further payment, except an administration charge (currently £25.00) for the transfer of your membership.
8 MEMBERSHIP SUSPENSION
8.1 Provided that all fees have been paid and up-to-date, you have the right to suspend your membership for a minimum of 1 months and a maximum of 3 months in any one year. You may do this by writing to the WKMT giving no less than 30 days’ notice of the date upon which you wish your membership to be suspended. The period of suspension must be for whole months only, and not for any lesser period.
8.2 The Membership Term will be extended by the period of suspension.
8.3 In all cases a monthly suspension fee (currently £45.00) will be payable to cover our additional administrative costs.
9 STUDIO REPAIRS AND MAINTENANCE
We reserve the right to close the Studio fully for up to 14 days in any one calendar year for the purposes of carrying out repairs, refurbishments and maintenance, whether routine or extraordinary in nature. If the Studio is fully closed for these reasons for more than 14 days within a calendar year but for less than 8 weeks at a time (when sub-clause 6.2(A) may apply) , we will refund you a proportionate amount of the Subscription Fee for the closure period in excess of 14 days.
10.1 You are entitled to bring 2 guests to the WKMT Studio to accompany you while taking your lessons. Guests must be accompanied by you at all times.
10.2 Guest admittance may be restricted at certain peak times at the discretion of the WKMT.
10.3 You are responsible for ensuring that your guests comply with the Studio Rules and you must not leave the Studio before your guests.
10.4 You may not introduce a guest who has been previously rejected as a member or who has had membership terminated or suspended.
11 CORPORATE MEMBERSHIP
Corporate membership rates are available for companies/firms or other commercial businesses introducing 6 or more members. This may include three employees and their family members or partners.
12 JOINT MEMBERSHIP
12.1 Joint membership rates are available for immediate family members including cohabiting couples and their children. All payments must be made via one bank account or cheque or by one direct debit mandate for an Automatic Debit Members.
12.2 Our Agreement is with the person signing the membership email on behalf of the joint members and that person remains responsible for ensuring those joint members comply with the Agreement as if they were all parties to it.
13 JUNIOR MEMBERSHIP
16 and 17 year olds can be members in their own right but no automatic debit will be accepted and if you wish to pay by automatic debit payment must be made by a parent or guardian on your behalf.
We and our staff will not be liable in any way for the loss of, or damage to, or theft of property of members or guests or for personal injury to, or death of, any member or guest, except to the extent that such loss, damage or personal injury or death arises from our negligence or default.
15 VARIATION OF TERMS
We reserve the right to vary these Terms and Conditions, including the WKMT Rules at any time, to reflect changes in connection with the management and operation of our Studio. Unless changes are due for health and safety reasons or essential to safeguard our interests, we will use reasonable efforts to give you 14 days’ notice before any change takes effect by displaying an appropriate notice in the Studio. On variation of the Terms and Conditions, you may terminate this Agreement pursuant to Section 6.2(C) above.
Please see below some points you must be aware of with regards to your personal information:
- What we do with your information –. It will be used to process your membership of WKMT Piano Lessons London. Once this is entered into our secure database any paperwork will be shredded and emailed forms deleted. We will use either your email address or phone number to contact you and help you to book your music lessons within WKMT, as well as to send you our monthly Newsletter informing you about our future concerts and festivals. Your data is used at WKMT Studio for educational purposes only.
- Who will we share it with –. We might be in need to share your contact details with our teachers in case you are a Home Tuition Student, when our teachers need to go to your home to deliver the lesson previously requested by you. If you opt to pay by direct debit, your details will be shared with the company who process this on our behalf (Worldpay Merchant Services – Payment Provider).
- What happens if you wish to opt out of receiving information –. You can opt out of receiving marketing emails at any time by letting us know via email or calling to our main office Monday to Sunday 9 am to 6 pm. You will, however, receive information relevant to your membership renewal, or other important details about WKMT.
- How long we will keep your data –. We will keep your information on the members database for the duration of your membership and for a maximum of two years in case you leave WKMT. You have the right to ask for a copy of the information we hold on you and to have any inaccuracies corrected to us, by writing to the WKMT.
- What happens if you leave WKMT –. If you leave WKMT your details will be deleted from the database after two years, or immediately if you request it. We would hold details for two years as it is often the case for a membership to lapse and then be renewed within this period.
17. BOOKING SYSTEM AND TEACHERS ASSIGNMENT
17.1 WKMT remains in charge of assigning the teachers for the lessons at the Studio. All members agree to delegate the final decision about the teacher to be delivering their sessions to the WKMT directive team
17.2 All members agree to choose one of our three booking systems and teacher assignment modes. All these modes are explained in our WKMT website.
17.3 In the case you are booking using the “single teacher mode”, WKMT keeps the right of provisionally choosing the replacement for your lessons in the case the firstly assigned teacher is no longer available to teach at the studio.
17.4 In the case you are not happy with the performance of any of our teachers, you are able to try another professional providing that you give us at least 5 days’ notice and the teacher is available on your requested date.
17.5 WKMT keeps the right to automatically assign a cover teacher in the case the teacher arranged to deliver your session is all-of-a-sudden unable to deliver the session on that specific slot.
17.6 All the study plans are adjustable to our student’s needs. WKMT keeps the right of adjusting the plan a maximum of 4 times during the first month in order to help defining the best approach for a specific student.
17.7 The adjustment in the study plans as stated in 17.6 or the change of teacher is not a valid reason to terminate your membership unless you have already tried lessons with all the members of the teaching staff without finding any one that suits your expectations.
18.1 We may transfer any of our rights and liabilities under the Agreement. We will notify you of any such transfer.
18.2 You must write to inform the WKMT of any change in the personal details you have provided to us. If you fail to notify the WKMT of a change of address, any communications will be deemed to have been received by you 5 days after posting by us
18.3 The Agreement is governed by English law.
19.1 In case a student realised her/his situation changed and decided that would benefit from a shorter commitment, the 24, 48, 72, 96 and 120 hour packs could be upgraded to any shorter pack of a minimum of 12 hours. This amendment can be requested only before the third payment of any financed pack is completed.
19.2 The amendment would imply a compensation to the studio equivalent to 10% of the total cost of the original package.
19.3 After the amendment takes course and if it corresponds, the new payment scheme will proceed accordingly.
20. MILESTONES [packages organised after 11.11.2018]
20.1 The "milestones" are socialising or examination instances organised by WKMT with the purpose of defining educational goals for students.
20.2 Each “milestone” translates into a) 4 guest -admissions; b) 2 performer-participations or c) one family participation -allowing up to two members of the family to participate accompanied with up to two relatives-
20.3 FESTIVALS: WKMT festivals constitute the most important dates in WKMT Music Calendar. For that reason, all students are encouraged to assist these events either as performers or as members of the audience. One milestone will be deduced from every students’ membership/lesson pack in the instance of a festival. The latter means that regardless of the student assisting the event or not, one milestone will be deduced from the student’s membership.
20.3 a) Only one milestone can be exchanged per festival. For example, if a student is participating in the event, one milestone will be consumed.
20.3 b) Adult participants: Once one milestone has been deduced and exchanged for a participation, an extra milestone cannot be exchanged for extra guest-tickets.
20.4 Milestones cannot be carried over from expired lesson packages on to new lesson packages.
20BIS. MILESTONES [packages organised before 11.11.2018]
20BIS.1 The "milestones" are socialising or examination instances organised by WKMT with the purpose of defining educational goals for students.
20BIS.2 Each “milestone” translates into one festival participation or two festival guest tickets.
20BIS.3 FESTIVALS: WKMT festivals constitute the most important dates in WKMT Music Calendar. For that reason, all students are encouraged to assist these events either as performers or as members of the audience. One milestone will be deduced from every students’ membership/lesson pack in the instance of a festival. The latter means that regardless of the student assisting the event or not, one milestone will be deduced from the student’s membership.
20BIS.3 a) Only one milestone can be exchanged per festival. For example, if a student is participating in the event, one milestone will be consumed. If two students are participating in the event, from a family membership, two milestones will be deduced from the membership
20BIS.3 b) Adult participants: Once one milestone has been deduced and exchanged for a participation, an extra milestone cannot be exchanged for guest-tickets.
20BIS.3 c) Children participants: In the case of children-participants, they can exchange an extra milestone for two guest-tickets, one for each parent, in addition to the one exchanged for their participation.
20BIS.4 Milestones cannot be carried over from expired lesson packages on to new lesson packages.
20.5BIS DIPLOMAS: “Milestones” cannot be exchanged for diploma exams fees. Due to the cost of Diploma examinations these fees are not included in the lesson packages. One “Milestone” can only be exchanged for: a. One Festival participation; b. Two guest tickets.
21. ADMINISTRATION FEES
These expenses cover services as:
1. Report monitoring by the director, Juan Rezzuto. This process is fundamental to keep the quality of our lessons regardless of the teacher in charge.
2. Educational consultations. Our director and his partners remain available to discuss any matter related to their students' musical education.
3. [only packages organised after 11.11.2018] Bookings, cancellations, and rebookings. Our administration team remains available Monday to Sunday 9 am to 9 pm to attend any booking request made via email or phone with exception of when the studio is closed.
4. Teacher changes. Our director and administration team remain available to deal with any inquiry related to teacher adjudications and change requests.
5. Teacher training. This covers the costs of keeping our teachers in tune with the studio tuition approach through weekly appointments conducted by our director and partners. These meetings are open to the WKMT studentship.
6. Festivals. Festival-participations are covered by milestones
7. Monthly concerts. As opposed to paying normal tickets - from £15 to £25 per person depending on the concert -, WKMT students can bring up to 15 of their guests to our events at no extra cost. ONly a single booking fee of £8 to £10 will be charged per WKMT party.
8. Internal examinations and in-person monitoring. These tasks are carried out by the director and his partners.
9. Joining or re-joining fees. Administration fees cover the time spent by the administration when creating a new account, arranging a new contract and/ or organizing a new payment scheme.