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 sign 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 the 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 suspension or discontinuation to the other not less than 15 (fifteen) days prior to the Renewal Date. The written withdrawal notices in the form of an email with the subject line “Withdrawal from the Program” must be provided to the Music Teacher LA office (not your teacher) to be valid.
Upon receiving the withdrawal notice, the termination date will be set 15 days from the date the cancellation was submitted.
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 the first four-week month, the student is charged on a per-lesson basis.
3. TUITION August 20, 2023 through August 31, 2024.*
The Monthly Tuition is calculated based on 4 to 5 private weekly lessons per month, with adjustments for 3 lessons during Federal holidays. Federal holidays are already factored into the tuition.
IN-HOME WEEKLY LESSONS:
30-minute lessons: $286 ($66 per initial session) for kids ages 4-6
45-minute lessons: $382 ($88 per session) for students ages 7-10
1-hour lessons: $447 ($103 per session) for students ages 11-adult
BACK-TO-BACK IN-HOME WEEKLY LESSONS:
30-minute lessons: $265 ($61 per initial session) for children ages 4-6
45-minute lessons: $360 ($83 per session) for students ages 7-10
1-hour lessons: $425 ($98 per session) for students ages 11-adult
ONLINE WEEKLY LESSONS:
30-minute lessons: $243 ($56 per initial session) for children ages 4-6
45-minute lessons: $338 ($78 per session) for students ages 7-10
1-hour lessons: $403 ($93 per session) for students ages 11-adult
*The listed tuition is based on one lesson per week. If you choose to schedule two lessons per week, your tuition will be double the listed amount. It’s important to note that some months may have 5 weeks, 4 weeks, or 3 weeks due to Federal holidays, but the monthly tuition remains consistent regardless of the number of weeks in a given month.
*For students who opt to participate in CM examinations, there will be additional tuition costs. These extra charges are associated with registering our teachers with MTAC, acquiring necessary materials for our instructors, and dedicating additional hours from our teachers and administrative staff to prepare specialized lessons and review students’ completed work for the exams.
** There is an annual registration fee of $50 per student, which is pro-rated and initially charged upon enrollment. Subsequently, this fee is billed annually on January 1st.
*** For students who were previously enrolled in in-home lessons but temporarily switched to online lessons, their tuition remains unchanged. Any changes to tuition would only occur if these students specifically request a new teacher who regularly offers online lessons.
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. RECITALS AND FEES. Recitals are held once or twice per year. Recital participation is mandatory for all non-adult students.
There is a recital fee of $45 per performer in your family, which covers rental fees, liability insurance, refreshments, certificates or gifts, and other organizational expenses associated with the recital.
The recital fee is non-refundable and non-transferable. This fee is subject to change at any time.
5. DECLINED PAYMENT FEE. A $35 fee will be charged for all declined payments.
6. TUITION DISCOUNTS. At Music Teacher LA, our success thrives on word-of-mouth and the support of satisfied students like you. If you’ve had a great experience with us, please refer your friends and social media followers. As a token of our appreciation, you’ll earn a $50 referral bonus for every friend who becomes a private student at Music Teacher LA. There are no limits to how many referrals you can make!
7. LESSON CANCELLATIONS AND VACATIONS.
Any lessons canceled less than 12 (twelve) hours prior to the scheduled lesson time, including due to sickness or any other unforeseen circumstances, shall be treated as Missed Lessons. Missed Lessons, regardless of the reason for cancellation, do not qualify for any instructional make-up, refunds, rescheduling, or credits.
If lessons are canceled with 12 hours or more notice during our business hours, the Member will receive a personalized digital make-up lesson via email. This makeup lesson might include links to personalized documents, videos, images, or apps. Your teacher will create a make-up session during your absence at any time you cancel a lesson.
If the Member plans to take a business or vacation break lasting longer than one week and wishes to schedule live make-up lessons, online make-up lessons, or request credits, the Music Teacher LA office must receive a written notice at least 48 (forty-eight) hours in advance (“Credited Cancellations”). This notice allows the Member to reschedule the lesson, subject to a teacher or qualified substitute teacher availability, request a customized make-up lesson via email, or cancel a lesson.
Credited Cancellations won’t affect your Renewal Date. If you have any Credited Cancellations as of the Termination Date, you’ll have 30 days after that date to use them. After this period, any remaining Credited Cancellations will automatically expire, and no refunds will be issued.
If lessons are canceled due to travel or vacation break with less than 48 hours’ notice (but at least 12 hours prior to the scheduled lesson), they will be treated as canceled lessons. In such cases, you will receive a personalized digital makeup lesson via email.
8. TEACHER ABSENCE. Lessons canceled by the Teacher are non-refundable. To address such cancellations, Members should contact the office to schedule an individual make-up with the teacher, request a qualified substitute instructor, or request a personalized digital make-up lesson. The digital make-up lesson is delivered via email.
9. DELINQUENT ACCOUNTS. Music Teacher LA reserves the right to suspend or terminate instruction for any student who fails to meet their financial obligations at any point.
10. DISMISSAL. Music Teacher LA reserves the right to dismiss any student due to frequent absences, behavioral issues, unpaid tuition, and/or parental noncompliance with Music Teacher LA terms.
11. MEMBER’S REPRESENTATIONS, ACKNOWLEDGEMENTS AND COVENANTS.
As of the Start Date and for the duration of this Agreement, the Member hereby affirms, acknowledges, and commits to the following:
11.1 Member serves as the parent or legal guardian for all students under 18 years old enrolled for music lessons;
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 residence throughout each lesson;
11.4 In the event the Music Teacher LA Mentor arrives at the residence and no one is present, a 15-minute wait period after the scheduled lesson start time will be observed. Afterward, the lesson will be considered canceled and treated as a Missed Lesson;
11.5 If the Member or Designated Representative is not present in the residence with the Student at the scheduled lesson commencement time, the Music Teacher LA Mentor will not enter the residence but will wait outside for a maximum of 15 minutes. Beyond this time, the lesson will be canceled and treated as a Missed Lesson;
11.6 Should the Member or Designated Representative need to leave the residence during a lesson, the lesson will conclude immediately and be billed as a completed lesson;
11.7 The Member shall provide a suitable place in the Member’s residence to conduct the lesson that shall be visible and audible to the Member or Designated Representative at all times during the lesson;
11.8 Lessons will not take place in a bedroom within the Member’s home unless no other practical location is available;
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 refrain from being 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 attend the last five minutes of lessons for a brief explanation from the teacher regarding their child’s practice requirements for the week;
11.12 Member shall provide the Student with an appropriate instrument or access to one for practicing the lesson content taught by the Music Teacher LA Mentors between lessons;
11.13 Any complaints or concerns regarding the Music Teacher LA Mentor’s instruction or the lesson’s conduct must be communicated in writing to Music Teacher LA within 72 hours of the lesson or incident (the “Complaint Period”). The communication should detail the nature of the complaint or concern. In the absence of any complaint received by Music Teacher LA from the Member, Designated Representative, or Student within the Complaint Period, it shall be presumed that the 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 credit or debit card;
12.2 Expiration. Gift Certificates expire six (6) months from the date of the issue. Once Gift Certificates are redeemed for lesson schedules, they are considered utilized. Lesson schedules adhere to the terms outlined in the Agreement;
12.3 Limitations. Gift Certificates cannot be used to purchase other Gift Certificates, 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.Throughout the duration of this Agreement and for a period of two years following its conclusion, no Member may, either directly or indirectly, engage in, initiate, solicit, negotiate, form contracts, or establish business relationships with any Member or Teacher introduced to them through any Service without our prior consent. In the event of such circumvention, the Member and/or Teacher in question agrees and commits to paying a legal monetary penalty equivalent to the commission or fee that we would have earned from these transactions had the Teacher and/or Member not bypassed our rights as defined in this Agreement.
14. CONDUCT. Music Teacher LA expects its Clients and Members 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, unwelcome behavior of a sexual nature such as unwanted touching or physical contact, sexual propositions, unwanted flirtations or advances, comments about an individual’s body or dress, and stalking.
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 do not make any representations or warranties regarding the behavior of teachers or their compatibility with current or future members;
15.2 No member is obligated to meet with any other Member/Teacher outside of the scheduled lessons and recitals. 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 experiences with individuals you meet through the service. You do so at your own risk and at your own peril;
15.3 Under no circumstances will we be liable to you or any third party for any damages, including but not limited to direct, indirect, general, special, compensatory, consequential, exemplary, or incidental damages. This includes lost profits, resulting from actions or omissions by you, us, our third-party investigative service, any member, any teacher, or any other person in connection with your use of the service. Such damages may include bodily injury and emotional distress arising from communications or meetings with other users of this service or individuals you meet through it;
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, if any, that you paid to us for the service during your membership term.
16. CUSTOMER SERVICE. We may provide assistance and guidance through our customer care team. Telephone calls between you and our customer care team may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care team, staff member, or teacher is at any time threatening or offensive, we reserve the right to terminate your Membership immediately without refunding 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 changes, pauses, or discontinuation 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, LIABILITIES, 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 authorize us, our agents, successors, and assigns to photograph, videotape, record, or otherwise record your image, voice, or likeness without restrictions. We use these materials for commercial purposes, including promoting and marketing the Service, without any additional compensation to you.
21. NOTICES. All notices, demands, or requests related to this Agreement must be in written form and sent to the respective party through email, using the email address provided in this Agreement or any updated address communicated by one party to the other. If sent via email, a notice is considered delivered on the date of transmission.
22. LIMITATION ON DAMAGES.Member acknowledges that the maximum potential damages resulting from any breach of this Agreement by Music Teacher LA would be limited to the total Membership Fees paid as of the date of the alleged breach. Therefore, Member agrees that any monetary damages sought in connection with a breach of this Agreement shall not exceed 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 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 entering the name and 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 YOUR TEACHER’S NAME BELOW. THEN, CLICK “YES” TO INDICATE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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