Terms and Conditions

Background

1. Cook Music School (the “Company”) uses its teacher placement, booking, and invoicing online system (the “System”) to arrange and facilitate the provision of music lessons (each a “Lesson”) by third party independent teachers (each a “Teacher”), on behalf of the Company, to students (each a “Student”).

2. The Teachers, who operate private teaching businesses separate from the Company, provide their own approach and materials, allowing an individualized personal approach to learning. Each Teacher is responsible for the learning outcomes of each Student. The Company is not responsible for, and provides no guarantee relating to, the quality of the Lesson provided.

3. Payments are made by the Student, or the Student’s parent, guardian, or any other person agreeing to pay for the Student’s Lessons as per the terms below (the “Sponsor”), directly to the Company.

Terms and Conditions

1. Lessons. The initial Lesson will not be provided until the Student/Sponsor has signed the Registration Form and paid the relevant Fee (detailed in Section 2.1 below). Once these steps are completed, the Company will arrange for a Teacher to provide the initial Lesson, at a time and location agreed to by the Student/Sponsor and the Teacher. All communications relating to any Lesson will be through the System, unless stated otherwise in these Terms and Conditions.

2. Payments.

2.1. Fees. The Lesson fees outlined in Schedule A (the “Fees”) shall be paid to the Company by the Student/Sponsor. The Company, and not Student/Sponsor, will be responsible for paying the Teacher for any Lesson provided.

2.2. Payment Date. The Student/Sponsor will pay the Fees through the System no later than 7 days before the next upcoming unpaid Lesson, or as soon as possible if and when a Lesson is arranged for a date less than 7 days in future; but, in no event, will a Lesson be given if the relevant Fee has not yet been paid.

2.3. Payment Method. The Student/Sponsor shall only make payments to the Company via the System and shall not offer alternative payment methods for Lessons or pay Teachers directly.

2.4. Refunds. When a Lesson is eligible for a refund, the Company will issue the refund to the Student/Sponsor through the System.

3. Location. The location of each Lesson taught by the Teacher shall be predetermined by the Student/Sponsor and the Company, set out in the System, and specified through the Company’s booking confirmation emails (the “Location”). The Teacher shall provide Lessons at the Location until another suitable location is arranged, at the request of the Student/Sponsor or Teacher, through the System. Examples of suitable locations include the Student’s home, the Teacher’s home, online via Zoom or another video calling platform.

4. Cancellations.

4.1. Where the Student/Sponsor cancels a scheduled Lesson with at least 5 business days’ notice before that Lesson, a Fee refund or credit shall be given for that Lesson. Notice given after 5:00 p.m. shall be considered as given on the following business day. Notice of such a cancellation and request for a refund must be submitted to the Company only (not to the Teacher). If 2-5 days’ notice is given of a cancellation, the Lesson can be rescheduled at no additional charge.  If less than 24 hours notice is given for a cancellation or reschedule, the full Lesson Fee will be charged.

4.2. If the Teacher cancels a scheduled Lesson, a Fee refund or credit shall be given to the Student/Sponsor for that Lesson.

5. Rescheduling.

5.1. A Student/Sponsor may request to reschedule a Lesson or Lessons without penalty by giving at least 24 hours’ notice to the Company. If less than 24 hours’ notice is given to reschedule a Lesson, the full Fee for that Lesson will be charged.

5.2. If the Teacher receives a request to reschedule a Lesson from a Student, Sponsor, or the Company at least 24 hours before the originally-scheduled Lesson time, the Teacher shall either reschedule the Lesson to another time within the same week or shall add the equivalent Lesson time onto one or more future Lessons. The Teacher shall not offer any other options for rescheduling a Lesson.

5.3. If a Student wishes to reschedule a Lesson from in-person to online, and the Teacher is able to accommodate, providing more than 24 hours notice is given, the lesson rate will be adjusted to the online rate.  If the Student wishes to switch from an in-person Lesson to an online lesson with less than 24 hours notice, and the teacher is able to accommodate, the in-person rate will be charged.

 

6. Missed Lessons. If a Student misses a Lesson for any reason without notice, or if a Student/Sponsor cancels a Lesson with less than five business days’ notice or attempts to reschedule a Lesson with less than 24 hours’ notice, that Lesson shall be deemed a “missed Lesson” and the Student/Sponsor shall be obligated to pay for such Lesson. The Teacher will not be required to make up any missed Lessons.

7. Reassignment. At the request of the Teacher, or a Student/Sponsor, and/or at the Company’s discretion, a Student may be reassigned from one Teacher to another Teacher, with appropriate notice to the parties affected.

8. Termination.

8.1. The Student/Sponsor may discontinue Lessons completely by notifying the Company and giving a minimum of 5 business days’ notice before the Student’s next scheduled Lesson. The Student/Sponsor will be responsible for any Fees owing up to the date of cancellation.

8.2. The Company may, at its discretion, notify the Student/Sponsor of the Company’s decision not to continue to arrange for Lessons on behalf of the Student, giving a minimum of 5 business days’ notice before the Student’s next scheduled Lesson. The Student/Sponsor will be responsible for any Fees owing up to the date of cancellation.

8.3. The Company may, at its discretion, immediately cease arranging Lessons on behalf of the Student if a Student/Sponsor is found in violation of these Terms and Conditions or the Student Code of Conduct. Any Fees already paid by the Student/Sponsor for upcoming Lessons will be non-refundable. The Student/Sponsor will be responsible for any Fees owing to the date of cancellation.

8.4. The Student agrees that, for as long as the Student takes Lessons from a Teacher and for one year thereafter, the Student/Sponsor will not circumvent, by-pass, or otherwise ignore the role of the Company by making separate arrangements with any Teacher. If a Student/Sponsor does so, the Company will have the right to immediately cease arranging Lessons on behalf of the Student.

9. Notice. For the purposes of these Terms and Conditions, verifiable email, voicemail, or SMS messages to/from the Company or the Student/Sponsor shall constitute “notice”. The time and date of any such relevant e-mail, voicemail, or SMS messages shall be deemed as the time when notice was given, regardless of when such communication is actually read or heard.

10. Data Sharing. The Student/Sponsor understands and acknowledges that, at the time of registration with the Company, the Student/Sponsor will be required to provide certain personal information to the Company. The Student/Sponsor hereby consents to the collection, use, and disclosure of such personal information by the Company, including consent for the Company to share the Student/Sponsor’s contact information and relevant personal data with Teacher(s) for the purpose of music instruction. The Student/Sponsor shall have the option to withdraw such consent in accordance with the Company’s Privacy Policy: https://cookmusicschool.ca/privacy. The Company’s Privacy Officer may be contacted for more information on the Company’s privacy and personal information policies and procedures.

11. Behavior.

11.1. The Company does not discriminate against any Student, Sponsor, or Teacher based on their age, gender, ethnicity, sexual orientation, or any other status. The Student/Sponsor is encouraged to advise the Company of any concerns relating to this responsibility of the Company.

11.2. Each Teacher will be obligated to comply with a Code of Conduct available at https://cookmusicschool.ca/conduct. The Student/Sponsor is encouraged to advise the Company of any concerns relating to this responsibility of the Teacher.

11.3. Each Student and Sponsor will be obligated to comply with a Student Code of Conduct available at https://cookmusicschool.ca/conduct.

12. Indemnity.

12.1. The Student/Sponsor shall be responsible for the actions and/or omissions of the Student/Sponsor. The Student/Sponsor agrees to indemnify and hold harmless the Company, and its affiliates, directors, officers, agents, employees, legal representatives, Teachers, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the Student/Sponsor, without limitation as to time.

12.2. The Company shall not be responsible, and accepts no liability, for any losses, damages, costs, expenses, actions, or liability whatsoever, arising out of or in any way connected with Lessons or the services provided by the Company or a Teacher.

12.3. This Section shall survive the termination of the Company’s relationship with the Student/Sponsor.

13. General.

13.1. On notice to the Student/Sponsor, the Company may, from time to time, make amendments to these Terms and Conditions, which shall remain binding on the Student/Sponsor.

13.2. The Student/Sponsor’s rights may not be assigned or transferred to any other individual.

13.3. If any part of these Terms and Conditions is ruled invalid or unenforceable, these Terms and Conditions shall continue to be effective as if the invalid or unenforceable part was not included.

13.4. If the Company does not exercise a right in connection with a default by a Student/Sponsor, it does not mean that the Company has waived the right or cannot exercise such right in the future.

13.5. These Terms and Conditions, and any dispute or claim arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and applicable Federal laws of Canada.

Please contact us if you have any questions or concerns.

Contact Details
(647) 649-2665
info@cookmusicschool.ca