TERMS AND CONDITIONS
TERMS AND CONDITIONS - UP TEMPO MUSIC LESSONS
As of Fall Semester, 2021
The following Terms and Conditions apply to all lesson agreements made between Up Tempo Music Lessons (“Up Tempo”) and its students and the parents/carers of its students (“the student”).
The Terms and Conditions described below may seem relatively strict but have been discussed
at length amongst the Up Tempo leadership team with the endeavor of making them as fair as
possible for both client and provider. As Up Tempo is a social enterprise that functions with minimal margins, such lines in the sand have had to be drawn and are not a reflection of how great the majority of Up Tempo Families are. They are a reflection of the small margin of people that have taken advantage and never paid for services rendered that jeopardize the livelihood of our instructors and managers.
We try to approach each case in good faith with an open ear, and we hope you will also come to us in the same manner. There will be times that the terms and
conditions are more in favor of Up Tempo, but there are also other times that they favor the student/caregiver.
1. Term Dates
1a. Teaching weeks at Up Tempo roughly adhere to the Sioux Falls Public School District Calendar. However, there are occasional differences. Dates are sent out before every term begins.
1b. At all times, it is the responsibility of the student to be aware of the first and last dates of
term at Up Tempo.
1c. Each term has one flex week built in to miss a weekly lesson to use for family vacations and holidays. For example, a student who has lessons on Thursdays could use this flex week the week of Thanksgiving. Students and parents are encouraged to communicate their flex week as far in advance with their instructor as possible.
2a. All correspondence is sent out to the student by email. If this causes a problem, please
let Up Tempo know.
2b. It is the responsibility of the student to make Up Tempo aware of any changes to their
contact details. Up Tempo will not be held responsible for any missed communications, late/overdue payments, missed lessons, etc., if this is due to incorrect contact information.
2c . Due to the size of our student roll, most of Up Tempo’s communication is done via bulk
delivery services e.g., mail merge. Therefore there is a level of potential error associated
with this. If you notice something incorrect, e.g., lesson details or account details, it is not
meant offensively. In these cases, please let us know via email to firstname.lastname@example.org so we can rectify the situation as soon as possible.
3. Lesson Policies
3a. Lessons are scheduled weekly on the same day and time each week.
3b. In-Home Lessons
3bi. For in-home lessons, if the student is under 18 years old an adult be present at the lesson location for the entire lesson duration.
3bii. All pets must be put away and secured before anyone from Up Tempo entering the home. Any incidents or injuries to Up Tempo staff due to a pet is the student’s sole responsibility.
3biii. The home should have a dedicated space for lessons free from distractions.
3biv. The following materials are required for each lesson:
A piano or keyboard with a music stand, a bench for the student,
and chair for the instructor
Guitar & Bass
A guitar for the student (if the guitar is electric, the student will need an amplifier), a music
stand, two armless chairs for the student and instructor
A complete drum set with a kick, snare, hi-hat, high tom, floor tom, crash cymbal, drum throne, sticks
and a music stand
A piano or keyboard with a music stand, a freestanding music stand for the student, a bottle of
water for the student during each lesson
4. Absences and Cancellations
4a. Individual lessons –
4.a.i. If the student cannot attend a lesson, please let Up Tempo know at the
earliest time possible with your instructor.
4.a.ii. Where less than 24-hours’ notice is given for missing a lesson, no catch-up
lesson or credit will be given. This lesson is considered forfeited.
4.a.iii. Whereat least 24-hours’ notice of the intended absence is given, this is
deemed an “explained absence.”
4.a.iv. Your Up Tempo instructor will arrange a replacement/catch-up
lessons for up to two lessons per term for explained absences with you at a
mutually agreeable time. Catch-up lessons often happen in the form of an extra 30 minutes on your next lesson or an extra 15 minutes on top of your next two lessons. If this isn’t possible with the instructor’s schedule, they will record a video lesson for the week of the missed lesson. Video lessons contain the material planned for the original missed lesson and will often be shorter than a full lesson.
4.a.v. Up Tempo instructors are trained to go above and beyond to help work these
replacement/catch-up lesson timings out with you; however, if you decide that you
would prefer not to have this, this lesson is considered forfeited.
4.a.vi. It is only by managerial discretion that customer credit is placed on a
student’s account to the value of a missed lesson. Customer credit is not
transferable for money but will be used at the earliest convenience - usually the
next term’s fees.
4b. Group lessons –
4.b.i. No catch-up lessons or credits will be provided for an individual's absence
from a group lesson/band class or any other group-based tuition activity.
4.b.ii. Where the entire group is absent, we will endeavor to provide a
replacement/catch-up lesson later that term, and if we are unable to do this, we may
choose instead to place this on your student’s account as customer credit.
4c. instructor Absences –
4.c.i. If the student's instructor is unavailable to teach, Up Tempo will attempt to arrange a
cover instructor and give you as much notice as possible.
4.c.ii. If this is not possible, the student’s normal instructor will arrange catch-up lessons
with the student as stipulated in 4.a.iii.
4.c.iii. An instructor’s absence is not counted as one of the two explained absences per
term but as an additional replacement/catch-up lesson owed.
4d. Unavoidable cancellations –
4.d.i. If Up Tempo cancels any lessons due to events out of its control, customer
credit may be given at the discretion of Up Tempo management.
4e. Ongoing absences –
4.e.i. If a student plans an absence for more than three weeks due to medical reasons, a credit may be given at the discretion of Up Tempo management.
5. Duration of the Lesson Agreement - ongoing
5a. The lesson agreement between Up Tempo and the student is a rolling agreement that
continues into each new term and new year.
5b. The students are emailed their invoices towards the end of each term in respect of the
following term’s lessons until a cancellation notice is received, as discussed below.
6. Cancelling the Lesson Agreement – the must student opt-out of the Lesson Agreement
with Up Tempo
6a. If the student wishes to cancel the lesson agreement with Up Tempo, written notice must be
received by Up Tempo Management at least two weeks before the intended last lesson. Any
lessons remaining after the end date will be credited to the student's account if payment
has already been made.
6b. Verbal notice given to the instructor will not be acted upon and is not considered sufficient
unless confirmed in writing to Up Tempo main office by the student.
6c. If the student is unable to give two weeks’ notice, they will be charged a late notice fee
equivalent to two weeks of lessons (or if only one week’s notice is given, a late notice fee
equal to the cost of one week’s lessons will be charged).
6d. Exceptions on medical grounds may be made to this as decided by Up Tempo
6e. No refund or credit will be given for any cancellations part way through a fixed-length
program (such as an Introduction to Music course).
6f. If Up Tempo has to cancel a lesson agreement, it will endeavor to give two weeks’ notice
to the student. Any lessons remaining after the lessons’ end date will be credited to the
student's account if payment has already been made.
6g. If, in exceptional circumstances, Up Tempo has to cancel the student's lesson due to
damage of Up Tempo property or harassment of Up Tempo staff by the student, this may be done
with no notice and no credit or refund for any outstanding lessons.
7a . Up Tempo instructors CANNOT accept payments in any form.
7b. Monthly payments are due on the 1st of each month. Invoices are emailed out and can be paid online through a checking account or credit card. Up Tempo does not accept written checks or cash payments.
7c. Up Tempo offers and encourages automatic billing. The party responsible for payment set up a reoccurring payment through the member account area.
8a. Overdue accounts can accrue penalties of $30 when overdue for 27 days and $15
for every following 14 day period.
9.a.i. LATE PAYMENT Penalties will be added to accounts that are 27 days in
arrears. If the account remains overdue, further penalties will be added every 14
8.a.ii. Late Penalty charges are made up of two parts - $10 late fee and $20
8.a.iii. Dishonored Internet Payments – the student’s account will be debited with a
$10 fee if any online payment is annulled.
8.a.iv. Dishonored Check Payments - the student’s account will be debited with a
$10 fee if any check payment is annulled.
8.a.v. The student is responsible for all charges that their bank may levy for
rejecting any payment to Up Tempo.
8b. Up Tempo reserves the right to temporarily and fully suspend students from lessons
with unpaid term fees during term time. A temporary suspension means that Up Tempo will
keep the lesson timeslot available for the student in the hopes that payment will be made.
A full-suspension means that Up Tempo can fill the student’s lesson time slot with
another student from the waitlist.
8c. Debt Collection details.
8.c.i. Payments more than 30 days in arrear may be handed over to a debt collection agency
8.c.ii. Up Tempo will attempt numerous contacts before resorting to this unfortunate
8.c.iii. All costs incurred for sending an account for debt collection are added to
the student’s outstanding balance.
10. Photography & Filming
10a. Up Tempo may use film or still photographs of students for appropriate promotional
10b. You (or your parents if you are under 17 years of age) must inform Up Tempo in writing
at any time if you will not allow the use of such images.
11. Changes to the Terms and Conditions
11a. The Terms and Conditions described above are agreed to upon enrollment and
may be changed at any point by Up Tempo without providing notice to the student. A copy of the Terms and Conditions will always be available on our website and may be emailed to
the student on request.
Up Tempo Music Lessons