If you are a new client, you must review and agree to the TERMS set out in Music Teacher LA TERMS OF AGREEMENT below prior to purchasing and scheduling any lessons. Please read our TERMS OF AGREEMENT and check the box at the bottom of the AGREEMENT to confirm your acceptance of TERMS.
Music Teacher LA TERMS OF AGREEMENT
This Agreement (“Agreement”) is made by and between Parent/Adult (“Member”) as entered on Request Information form and Music Teacher LA, dba MusicTeacherLA.com effective as of the day of the first lesson payment (“Start Date”). The masculine singular pronoun shall be used throughout this Agreement, regardless of the gender and number of the parties.
1. TERM. All memberships are month to month and are due in advance on the first day of each month.
Memberships shall automatically renew for another month on the first day of the month (the “Renewal Date”) unless either Member or Music Teacher LA provides written notice of cancellation to the other not less than 30 (thirty) days prior to the Renewal Date. Upon receipt of any cancellation notice, the termination date shall be what would have been the next Renewal Date (the “Termination Date.”)
2. PAYMENT OF MEMBERSHIP FEES. The initial Lesson Fee is due and payable to Music Teacher LA on the day of the initial lesson. The first Monthly Tuition is due and payable to Music Teacher LA upon execution of this Agreement. All subsequent Monthly membership fees will be charged to the Member’s designated credit card on the Renewal Date. If a student begins lessons in the middle of the month the tuition will be prorated before the beginning of the first full month. The first full month charge starts on the four-week month, and prior to that month the student is charges on the per lesson basis.
3.TUITION. Monthly Tuition (4 to 5 private weekly lessons per month):
30-minute In-Home weekly lessons: $195 ($45 per session*)
45-minute In-Home weekly lessons: $260 ($60 per session*)
1-hour In-Home weekly lessons:$305 ($70 per session*)
30-minute In-Studio weekly lessons: $175 ($40 per session*)
45-minute In-Studio weekly lessons: $240 ($55 per session*)
1-hour In-Studio weekly lessons: $285 ($65 per session*)
* There are 4.34 lessons on average per month (52 weeks in a year divided by 12 months)
All fees must be paid by preauthorized debit or preauthorized credit cards.
The tuition is non-refundable and non-transferable.
Lesson prices are subject to change at any time.
4. DECLINED PAYMENT FEE. A $30 fee will be charged for all declined payments.
5. TUITION DISCOUNTS. Our business is run mainly through word of mouth. If you are satisfied with your experience, please refer us to your friends. You will receive a $50 referral bonus credited to your account for every friend who enrolls as a private student at Music Teacher LA. No limits!
6. LESSON CANCELLATIONS. For lessons that are cancelled 24-hours or more in advance (“Credited Cancellations”), the Member may reschedule the lesson, subject to teacher availability. Credited Cancellations will not change the Renewal Date. To the extent Member has any Credited Cancellations as of the Termination Date, Member shall have 30-days after the Termination Date to use such Credited Cancellations. Any Credited Cancellations that are not used within that 30-day period shall automatically expire and no refunds shall be due to Member.
No credits or refunds will be provided for Cancelled Group lessons.
Any lessons that are cancelled less than 24-hours prior to the scheduled lesson time shall be treated as Missed Lessons. Missed Lessons shall not be entitled to any credit or rescheduling.
7. TEACHER ABSENCE. No refunds will be issued for lessons cancelled by the Teacher. Member should contact the Teacher or Music Teacher LA’s Student Hotline to schedule an individual make up.
8. DELINQUENT ACCOUNTS. Music Teacher LA reserves the right to suspend or discontinue instruction of any student who is delinquent in fulfilling his/her financial obligations at any time.
9. DISMISSAL. Music Teacher LA reserves the right to dismiss any student due to frequent absences, disciplinary problems, overdue tuition payments and/or parental noncompliance with Music Teacher LA policies.
10. INSUFFICIENT SUMMER CAMP ENROLLMENT/CANCELLATION.
If any Summer Camp session has insufficient enrollment, Music Teacher LA reserves the right to cancel the course or to offer the Camp with an adjusted tuition rate, length and/or number of camp meetings.
11. MEMBER’S REPRESENTATIONS, ACKNOWLEDGEMENTS AND COVENANTS.
The Member hereby represents, acknowledges and covenants the following as of the Start Date and throughout the Term of this Agreement.
11.1 Member is the parent or legal guardian of each and every student named in the Request Information form who is under 18 years old;
11.2 Member is the owner, lessee or person in legal possession of the home in which the lessons shall take place;
11.3 Member or a legal adult authorized in writing by Member (“Designated Representative”) shall be present in the home at all times during a lesson;
11.4 If the Music Teacher LA Mentor arrives at the home and nobody is present, the Music Teacher LA Mentor shall wait for 15 minutes after the scheduled start time of the lesson for the arrival of the Student and Member after which time the lesson will be cancelled and shall be treated as a Missed Lesson;
11.5 If the Member or Designated Representative is not present at the home with the Student at the time the lessons is supposed to commence, the Music Teacher LA Mentor shall not enter the house but shall wait outside for not more than 15 minutes until the Member of a Designated Representative is present after which time the lessons shall be cancelled and shall be treated as a Missed Lesson.
11.6 If the Member or Designated Representative must leave the home at any time and for any reason during a lesson, the lesson shall immediately terminate and shall be charged as a competed lesson;
11.7 Member shall provide a suitable place in the Member’s home to conduct the lesson that shall be visible and audible to Member or Designated Representative at all times during the lesson;
11.8 Music Teacher LA Mentors shall not conduct any lesson in a bedroom in the Member’s home unless there is no other practical location in the home for the lesson to take place;
11.9 If the lesson is conducted in a room with a door, the door shall remain open at all times during the lesson, however, a parent should not be present in the room while a student is taking a lesson;
11.10 Member shall not interrupt or disturb Music Teacher LA Mentors or a Student during the lesson unless a Student has a medical necessity for such interruption;
11.11 Parents are encouraged to come to the last five minutes of the lessons so the teacher could briefly explain what your child needs to practice for the week;
11.12 Member shall provide the Student with a suitable instrument or with access to a suitable instrument to practice the lesson taught by the Music Teacher LA Mentors between lessons;
11.13 If Member, Designated Representative or Student has any complaint or issue with the Music Teacher LA Mentor or the manner in which the lesson was conducted, Member shall make such complaint to Music Teacher LA in writing within 72-hours of the lesson or incident (the “Complaint Period”) detailing the nature of the complaint or issue. If Music Teacher LA does not receive any complaint from the Member, Designated Representative or Student within such Complaint Period, Music Teacher LA shall presume that Member and Student were satisfied with the lesson.
12. GIFT CERTIFICATES.
12.1 Redemption. Gift Certificates must be redeemed by phone. The Gift Certificate balance is applied to the recipient’s account and can then be used towards the purchase of lessons. If the purchase exceeds the amount of the Gift Certificate, the balance must be paid with a check or other available payment method.
12.2 Expiration. Gift Certificates expire six (6) month from the date of issue. Once Gift Certificates are redeemed for Lesson schedules, the Gift Certificates are considered used. Lessons schedules are subject to the terms found in the Agreement.
12.3 Limitations. Gift Certificates cannot be used to purchase other Gift Certificates. Gift Certificates cannot be refunded, reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law.
12.4 Risk of Loss. The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. We are not responsible for replacing or reissuing lost or stolen Gift Certificates.
13. NON-CIRCUMVENTION. During the term of this Agreement and for two years thereafter, no Member shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Member or Teacher introduced by us through any Service, without our consent. In case of such circumvention, such Member and/or Teacher agrees and guarantees that such Member and/or Teacher will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Teacher and/or Member not circumvented our rights under this Agreement.
14. CONDUCT. Music Teacher LA expects its Clients to be committed to creating and maintaining an environment free of sexual harassment. Prohibited conduct by Contractors, staff or Members includes, but is not limited to,
14.1 unwelcome behavior of a sexual nature such as:
14.2 Unwanted touching or physical contact
14.3 Sexual propositions or unwanted flirtations or advances
14.4 Comments about an individual’s body or dress
15. YOUR INTERACTIONS WITH OTHER MEMBERS AND OUR LIMITATION OF LIABILITY.
15.1 You are solely responsible for your interactions with other Members/Teachers. You understand that we do not perform background checks on teachers. We make no representations or warranties as to the conduct of teachers or their compatibility with any current or future members.
15.2 No member is obligated to meet offline with any other Member/Teacher. You agree to take reasonable precautions in all interactions with other members/teachers of the service. You understand that we make no guarantees, either express or implied, regarding your ultimate experience with individuals you meet through the service. You do so at your own risk and at your own peril.
15.3 In no event shall we be liable to you or any third person for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, exemplary, and/or incidental, including lost profit, arising out of or relating to any act or omissions of you, us, our third party investigative service, any member, any teacher or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this service or persons you meet through this service.
15.4 Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the service during the term of your membership.
16. CUSTOMER SERVICE. We may provide assistance and guidance through our customer care representatives. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused Membership fees.
17. MODIFICATION TO SERVICE. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. MEMBER DISPUTE. You are solely responsible for your interactions with our Teachers. We reserve the right, but not the obligation, to monitor disputes between you and other Teachers.
19. RELEASE AND INDEMNIFICATION. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN MEMBERS/TEACHERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE MUSIC TEACHER LA AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF SERVICE. UNLESS OTHERWISE PROHIBITED BY LAW, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD MUSIC TEACHER LA AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER/TEACHER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS TO THE WEBSITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
20. COMMERCIAL RELEASE. By using the Service, you hereby authorize us and our agents, successors and assigns to photograph and/or videotape and/or record you and/or our voice(s) without restriction and to utilize such photographs/videos and/or voice transcriptions or recording for any commercial purpose, including, but not limited to, the promotion and marketing of the Service, without further compensation whatsoever of any kind as a result of such use.
21. NOTICES. All notices, demands, or requests made pursuant to, under or by virtue of this Agreement must be in writing and sent to the party to which the notice, demand or request is being made by email to address of the party contained in this Agreement or such other address as is specified by a party by notice to the other party given in accordance with the provisions of this Section 5. Any notice given in accordance with this Section 5 shall be deemed given on the date delivery is made if sent by email transmission.
22. LIMITATION ON DAMAGES. Member acknowledges that the maximum amount of actual damages that Member can sustain under any alleged breach of this Agreement by Music Teacher LA would be the amount of the Membership Fees aid as of the date of the alleged breach. As such, the Member agrees that the maximum amount in monetary damages that the Member may seek in any complaint for a breach of this Agreement is the total Membership Fees paid to Music Teacher LA as of the date of the alleged Breach.
23.1 Entire Agreement. This Agreement contains all of the terms agreed upon between the parties with respect to the subject matter hereof, and all prior agreements, understandings, representations and statements, oral or written, and are merged into this Agreement.
23.2 Amendments. This Agreement may not be changed, modified, or terminated, except by an instrument executed by the parties hereto.
23.3 Waiver. No waiver by either party of any failure or refusal to comply with its obligations shall be deemed a waiver of any other or subsequent failure or refusal to so comply. If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.
23.4 Successors and Assigns. The terms and conditions contained in this Agreement shall inure to the benefit of, and shall be binding on the heirs, executors, administrators, successors and assigns of the respective parties hereto.
23.5 Section Headings. The headings of the various paragraphs of this Agreement have been inserted only for the purposes of convenience, and are not part of this Agreement and shall not be deemed in any manner to modify, explain, expand or restrict any of the provisions of this Agreement.
23.6 Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service or our relationship shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us as any class action, class arbitration, or other representative action or proceeding.
23.7 Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see the Arbitration Rules at www.adr.org.
23.8 Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award or in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
23.9 Governing Law. This Agreement, and any dispute between you and us, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
23.10 Enforceability. In the event that any court of competent jurisdiction shall hold any portion of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provisions hereof.
23.11 Attorneys’ Fees. In the event of any litigation arising out of this Agreement, and notwithstanding any other limitations on liability set forth in this Agreement, the prevailing party shall be entitled to receive from the losing party an amount equal to the prevailing party’s reasonable attorney’s fees, costs and disbursements.
23.12 Counterparts. By clicking “Yes” below, the Member agrees to a binding legal contract with Music Teacher LA. Alternatively, this Agreement may be signed by the parties in counterpart and delivered electronically. An electronic signature shall be deemed an original signature as of the Start Date of this Agreement.
Please contact us with any questions regarding this Agreement.
PLEASE ENTER YOUR NAME AND CLICK “YES” TO INDICATE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.