1. Acceptance and services
a) You have requested the services set out in the Enrolment Email (Services). We will provide the Services through our Personnel, in accordance with these Terms and in consideration for your payment of the Fees.
b) You represent, warrant and agree that you are 18 years or older, or if you are under 18 years, your parent or legal guardian has read and accepted these Terms on your behalf.
c) You accept these Terms via email or by making payment of any Fees set out in the Enrolment Email.
d) It is your responsibility to check your chosen music lesson or music therapy session, time, location, pricing and these Terms, before you accept these Terms.
2. Attendance and cancellations
a) You agree to attend (or that your dependent will attend) the Sessions at the time and location set out in the Enrolment Email and to bring your own instrument (unless otherwise agreed that it will be provided by us).
b) If you would like to permanently change the time of your Session, you may contact us, and we will try to find a new suitable time slot for you, subject to our availability.
c) If you or you dependent cannot attend a Session, please let us know as soon as possible. The following terms apply to cancellations by you:
1) Individual Lessons: Provided you notify us with at least 2 hours’ notice, we will arrange a live video session for you or your dependent at your usual Session time or send you a recording via email with everything that was prepared for you directly from your music teacher.
2) Individual Music Therapy: As per NDIS guidelines ("Short Notice Cancellations") we require a minimum 48 hours notice if you cannot make a session. If notice is provided in this time frame we will reschedule the Session to another day/time with your therapist. If notice is not provided in this time frame the session will be charged as usual without make-up/refund.
3) Group Sessions: We cannot re-schedule or make up missed group Sessions and the group Session will run and be charged as usual.
4) Refunds: To the maximum extent permitted by law, we do not provide refunds for any cancellations made by you.
d) If we cannot provide a particular Session due to unforeseen circumstances, including if a music teacher or therapist is unavailable and we cannot find a relief teacher or therapist, due to no fault on your part, we will notify you at our earliest convenience and work with you to find an alternative time to provide the Session to you during that Season. This make up must be taken within a month of the cancellation as it will expire past that point.
e) You acknowledge and agree that a music teacher or therapist may change, without notice, at any time. If this happens, we will make sure your new music teacher or therapist is a great fit and arrange a comprehensive handover to continue the Sessions smoothly.
f) We may, in our absolute discretion, allow a pause of the Services and Fees with 2 weeks’ notice. All pause requests must be in writing 2 weeks prior to the said date. The minimum pause period is 1 week and the maximum pause period is 4 weeks.
3. Student code of conduct
Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that you will (and your dependent will, where applicable):
1) comply with these Terms, all applicable laws, and all of our reasonable requests or requirements at all times during the term of these Terms;
2) show up to every Session that you possibly can and provide us advance notice when you cannot;
3) be kind and respectful to all students, music teachers, therapists and staff and comply with our core values (set out on the Site);
4) bring your own instrument, music and anything else reasonably required to participate in a Session (as required);
5) practice and play during the week between Sessions (as applicable);
6) respect that Stormer Music is a place of learning and we are all on a journey;
7) observe any applicable studio rules or conditions that are introduced or otherwise communicated by us, from time to time;
8) refrain from causing disruption to other students;
9) respect all Personnel, fellow students, equipment, instruments and facilities and ensure you leave equipment as you found it; and
10) cooperate with us, and provide us with all information that is reasonably necessary to enable us to provide the Services, as requested by us from time to time, and comply with these requests in a timely manner.
4. Your acknowledgements and warranties
You represent and warrant that:
1) if you are agreeing to these Terms on behalf of a dependent, you have informed your dependent of the Student Code of Conduct set out in clause 3 above;
2) there are no legal restrictions preventing you from agreeing to these Terms;
3) any information you provide to us is true, correct and complete;
4) you and your dependent will follow our reasonable instructions; and
5) you will inform us if you have reasonable concerns relating to the provision of the Services under these Terms, with the aim that the Parties will use all reasonable efforts to resolve your concerns.
5. Payment
a) You agree to pay us the Fees set out in your Enrolment Email, and any other amounts payable to us under these Terms, without set-off or delay, in accordance with the Payment Terms set out in the Enrolment Mail.
b) If and when applicable, GST payable on the Fees will be set out in our invoice and/or the Enrolment Email for the Sessions. You agree to pay the GST amount at the same time as you pay the Fees.
c) We set out in our Enrolment Email the payment methods we accept for the particular Sessions you are enrolled in. The payment method you choose may be subject to additional terms and conditions imposed by our applicable third party payment processor, currently Eway (including direct debit payments, as set out below). By making payment through a third party payment processor, you accept the applicable terms and conditions. We are not responsible for any payments processed by a third party payment processor.
d) If you pay weekly via direct debit, you expressly consent to, authorise and instruct us to deduct the Fees from your nominated account as an automatic payment in accordance with the relevant due date. If required, you agree to complete a direct debit request form and/or direct debit request service agreement, which may be provided by us or by a third-party provider on our behalf. When you sign up to direct debit, you agree to provide a non-refundable 4 week deposit. If you choose to cancel these Terms in accordance with clause 8(b), then we will use the deposit to provide you with your last 4 Sessions. If you are paying the Fees via direct debit, you are liable for any fees charged by our third party payment processor as a result of a late or failed payment, except to the extent these are as a result of our error or our system failure. You must ensure your chosen payment method has sufficient funds to pay the Fees.
e) We will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that we cannot contact you, we will provide you with written notice of overdue payments.
f) If any payment has not been made 7 days from the due date set out in the Payment Terms, we may (at our absolute discretion) immediately cease providing the Services. If you rectify such non-payment within a reasonable time after the Services have been suspended, then we may, at our discretion, recommence the provision of the Services.
g) If any payment has not been made by the due date set out in the invoice, we may charge you interest for any unpaid amount, at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly.
h) We reserve the right to engage debt collection services, at your cost, for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
6. Australian Consumer Law
a) Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to our provision of the Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL.
b) You agree that our Liability for the provision of the Services is governed solely by the ACL and these Terms.
c) Subject to your Consumer Law Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Services) are provided to you without warranties, representations and guarantees of any kind.
d) This clause 6 will survive the termination or expiry of these Terms.
7. Limitations
Despite anything to the contrary, to the maximum extent permitted by law:
a) you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us;
b) our maximum aggregate Liability arising from or in connection with these Terms is limited to us re-supplying the Services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates;
c) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of our Personnel), including any failure by that other Party to mitigate its loss;
d) we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with:
1) any event or circumstance beyond our reasonable control, including but not limited to acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic;
2) any loss, theft or damage to your property (including instruments or other personal items);
3) any negligent acts or omissions of you or any third party, including any other student in a music lesson or music therapy session; and/or
4) lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services.
e) This clause 7 will survive the termination or expiry of these Terms.
8. Term and termination
a) These Terms will commence on the date these Terms are accepted in accordance with their terms, and will continue until the earlier of the date of the last Session, as set out in the Enrolment Email, or the date on which these Terms are terminated in accordance with this clause 8 (Term).
b) If you would like to terminate these Terms part way through a Season, please let us know via email with 4 weeks’ notice, in which case, clause 8(d) will apply.
c) Either Party may terminate these Terms if the other Party breaches a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by the relevant Party.
d) On termination or expiry of these Terms, you agree that:
1) we will immediately cease providing the Music Lessons; and
2) you are to pay us all amounts due and payable to us under these Terms (including for your 4 week notice period) up to the date of termination, as a debt immediately due and payable.
e) Termination of these Terms and/or any Services will not affect any rights or liabilities which a party has accrued under it.
9. Child safety
a) Child protection: We appreciate the responsibility of looking after the young people in our care. We have CCTV, the studios are set out safely, the teachers and therapists are ‘Working with Children’ checked and approved and staff are trained to work with children.
b) Child supervision: We’ll make sure to look after your little ones for their lesson time - fully supervised. As our music lessons and music therapy sessions are back-to-back, we can’t look after them before or after so please bring them in and pick them up directly.
c) Sitting in on your child’s session: If you wish to ‘sit in’ on your child’s or dependent’s lesson or therapy session, please let us know, we love parents to be involved in the process.
d) The waiting room: We have a waiting room which students, family and friends are welcome to use. Minimal supervision will be provided and parents of younger students are encouraged to collect their children from this area.
10. Complaints
a) If you have any feedback or questions about the Services, please contact us.
b) If there is a dispute or you have a complaint in relation to these Terms, the Services or a Music Teacher, you must tell us in writing the nature of your complaint and/or dispute, what outcome you want and what action you think will settle the dispute (Complaint Notice). Within 7 days of receiving your Complaint Notice, we will contact you to seek to resolve your complaint.
11. General
a) Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our consent. We may assign or transfer our rights or obligations under these Terms with notice to you, including to a debt collector or debt collection agency.
b) Changes to these Terms: You acknowledge and agree that we may make changes to these Terms, including the availability, timing or frequency of your Sessions, from time to time, by giving you at least 14 days’ notice. If we give you notice of any changes and the changes have a material adverse effect on you, you may notify us of this and provide evidence of this material adverse effect before the new terms come into effect and we will either remedy your concerns or you may terminate these Terms without any liability to us.
c) Governing law: These Terms will be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
d) Notices: Any notice given under these Terms must be in writing addressed to us at our details at the end of these Terms or you at your details which are registered with us. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email, (or, where the time of transmission is not on a business day, 9am on the next business day).
e) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
f) Waiver: No waiver by either Party of any provision of these Terms will amount to a waiver of any other provision of these Terms unless made in writing and signed by the party against whom the waiver would have been enforced.
12. Definitions
In these Terms, unless the context otherwise requires, capitalised terms have the following meaning:
1) Fees means the fees payable by you for the Services, as set out in the Enrolment Email.
2) Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
3) Payment Terms means the payment terms set out in the Enrolment Email.
4) Personnel means any of our employees, consultants, suppliers, subcontractors, agents and teachers.
5) Season means the division of our calendar year into Summer, Autumn, Winter and Spring, each called a ‘Season’.
6) Session means a music lesson, music therapy session or any other class or workshop we offer that you book in for.
7) Site means https://www.stormermusic.com.au/.
Contact us: You can contact us and fine the locations of our music studios here.