TERMS AND CONDITIONS
TERMS AND CONDITIONS - UP TEMPO MUSIC LESSONS
As of Summer Semester, 2023
The following Terms and Conditions apply to all lesson agreements made between Up Tempo Music Lessons LLC (“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
1.1. Teaching weeks at Up Tempo roughly adhere to the Sioux Falls Public School District Calendar. However, there may be occasional deviations. Term dates will be provided before the start of each term.
1.2. It is the student's responsibility to be aware of the first and last dates of each term at Up Tempo.
1.3. Up Tempo will not conduct lessons during the following weeks:
- Week of New Year's
- Week of Christmas
- Week of 4th of July
- Week of Memorial Day
- Week of Labor Day
- Week of Thanksgiving
- Week after Fall Concert
- Week after Spring Concert
1.4. During these weeks, Up Tempo may offer special camps or workshops. Information about these additional opportunities will be provided separately as they become available.
2.1. All correspondence is sent out to the student by email or text. If this causes a problem, please let Up Tempo know.
2.2. It is the responsibility of the student to make Up Tempo aware of any changes to their
2.3. 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.
2.4. 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 email@example.com so we can rectify the situation as soon as possible.
3. Lesson Policies
Studio Lesson Structure
3.1. Lessons are 60 minutes long and are conducted in a group setting with up to three other students.
3.2. Each student learns at their own pace and receives individualized attention from the instructor.
3.3 The instructor will be present to guide and provide feedback on their progress.
3.4 Up Tempo Music Lessons maintains a safe and respectful learning environment for all students and staff.
3.5. Students are expected to arrive on time and be prepared for their lesson with all necessary materials, including their instrument, lesson book, and any assigned homework.
3.6. If the student cannot attend a lesson, please let Up Tempo know at the earliest time through the student portal
3.7. Where less than 24-hours’ notice is given for missing a lesson, no make-up lesson or credit will be given. This lesson is considered forfeited.
3.8. Where at least 24-hours’ notice of the intended absence is given, this is deemed an “explained absence” and a make-up credit will be given
3.9. Students may use a make-up credit to reschedule their lesson slot for another day/time that week. Open times are available via the student portal on the website. If there are no slots available, the student may sign up for a slot the following week and take two lessons that week.
3.10. One make-up credit rolls over to the following semester. Any other unused credits are forfeited.
3.11. 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.
3.12. Students are expected to treat their fellow students and instructors with respect and refrain from disruptive or inappropriate behavior during the lesson.
3.13. Any behavior deemed inappropriate, such as disrespect, aggression, or harassment towards other students or staff, may result in immediate termination of the lesson agreement.
3.14. Up Tempo Music Lessons reserves the right to terminate a lesson agreement for any reason deemed necessary, including but not limited to inappropriate behavior from students or parents, chronic tardiness or absenteeism, or failure to make timely payments.
Kids Rock Structure
3.14. Kids Rock sessions are 45 minutes long and run for 8 weeks.
3.15. Sessions are conducted in a group format, providing a fun and interactive learning environment for young musicians.
3.17. Each student participates in the group and engages with the instructor and fellow students during the session.
3.18. Due to the group nature of the Kids Rock program, there are no make-up sessions for absences.
3.19. In the event a session is canceled due to weather or other unforeseen circumstances, a refund or credit will be issued.
3.20. 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.
3.21. Up Tempo Music Lessons maintains a safe, respectful, and engaging learning environment for all participants in the Kids Rock program.
3.22. Students are expected to arrive on time and be prepared for the session with all necessary materials and instruments.
3.23. Students are expected to treat their fellow students and instructors with respect and refrain from disruptive or inappropriate behavior during the session.
3.25. Any behavior deemed inappropriate, such as disrespect, aggression, or harassment towards other students or staff, may result in immediate termination of the participant's enrollment in the Kids Rock program.
3.26. Up Tempo Music Lessons reserves the right to terminate a participant's enrollment in the Kids Rock program for any reason deemed necessary, including but not limited to inappropriate behavior, chronic tardiness or absenteeism, or failure to make timely payments.
4. Duration of the Lesson Agreement - ongoing
4.1 The lesson agreement between Up Tempo and the student is a rolling agreement that continues into each new term and new year.
5. Canceling the Lesson Agreement – the student must opt-out of the Lesson Agreement with Up Tempo
5.1. 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. Notice may be sent to firstname.lastname@example.org Any lessons remaining after the end date will be credited to the student's account if payment has already been made.
5.2. Verbal notice given to the instructor will not be acted upon and is not considered sufficient unless confirmed in writing to email@example.com by the caregiver.
5.3. 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).
5.4. Exceptions on medical grounds may be made to this as decided by Up Tempo management.
5.5. No refund or credit will be given for any cancellations part way through a fixed-length program (such as a Kids Rock or a Summer Camp program).
5.6. 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.
5.7. 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.
6.1. Up Tempo instructors CANNOT accept payments in any form.
6.2. 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 paper checks or cash payments.
6.3. Up Tempo offers and encourages automatic billing. The party responsible for payment set up a recurring payment through the member account area.
6.4. The monthly lesson fee at Up Tempo is fixed, regardless of the number of lessons attended in a given month. This fee has been carefully calculated to reflect the total number of lessons offered throughout the year, with off weeks for holidays and breaks taken into account. This payment structure promotes consistency and simplicity, making it easier for students to budget for their music education and for Up Tempo to manage its lesson schedules and finances.
6.5. If a student misses a lesson, Up Tempo will issue a make-up credit that can be used to schedule a make-up lesson, subject to availability. Make-up credits ensure that students have an opportunity to catch up on the missed material and maintain their progress.
6.6. No Prorating for Missed Weeks: Up Tempo does not prorate fees for missed weeks. The fixed monthly lesson fee remains the same regardless of any lessons missed during the month.
6.7. Forfeiture of Unused Make-up Credits: It is the responsibility of the student to schedule and attend make-up lessons using their make-up credits. If a student fails to utilize their make-up credit within the designated timeframe, the credit will be forfeited. No refund or adjustment will be made for forfeited make-up credits.
7.1. Overdue accounts can accrue penalties of $30 when overdue for 27 days and $15 for every following 14 day period.
7.2. Late Payment Penalties will be added to accounts that are 27 days past due. If the account remains overdue, further penalties will be added every 14 days.
7.3. Late Penalty charges are made up of two parts - $10 late fee and $20 administration cost.
7.4. Dishonored Internet Payments – the student’s account will be debited with a $10 fee if any online payment is annulled.
7.5. The student is responsible for all charges that their bank may levy for rejecting any payment to Up Tempo.
7.6. 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.
7.7. A full-suspension means that Up Tempo can fill the student’s lesson time slot with another student from the waitlist.
Debt Collection Details
7.8. Payments more than 60 days past due may be handed over to a debt collection agency
7.9. Up Tempo will attempt numerous contacts before resorting to this unfortunate measure. All costs incurred for sending an account for debt collection are added to the student’s outstanding balance.
8. Photography & Filming
8.1. Up Tempo may use film (video) or still photographs of students for appropriate promotional purposes, which include, but are not limited to:
- Marketing materials: Up Tempo may use images or videos of students participating in lessons or events for the creation of brochures, flyers, posters, or other promotional materials to showcase the learning environment and student achievements.
- Social media: Up Tempo may share images or videos on its official social media accounts (such as Facebook, Instagram, or Twitter) to highlight student accomplishments, promote events, and engage with the community.
- Website content: Up Tempo may feature images or videos of students on its website to provide a glimpse into the learning environment, showcase student talent, and promote upcoming events or programs.
- Press releases and media coverage: Up Tempo may share images or videos with local media outlets to promote events, achievements, or significant milestones of the organization and its students.
- Testimonials: Up Tempo may include images or videos of students alongside testimonials from students or parents, with their permission, to provide an authentic representation of the learning experience at Up Tempo Music Lessons.
Please note that Up Tempo will always prioritize the safety and privacy of its students. Parents may inform Up Tempo in writing at any time if they do not allow the use of such images or videos featuring their child for promotional purposes.
9. Changes to the Terms and Conditions
9.1. 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.
9.2. 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 LLC
2102 W 41st Street, Suite 8
Sioux Falls, SD 57105