Terms & Conditions

TERMS & CONDITIONS FOR TUITION AT BRIGHTER SIDE MUSIC ACADEMY (As of January 7th, 2022)

 
The following Terms and Conditions apply to all lesson agreements made between Brighter Side Music Academy (“BSMA”) and its pupils and the parents / carers of its pupils (“the pupil”) and includes references to the Brighter Side Music – Schools Programme pupils.
 
1. Term Dates 
1a. Teaching weeks at BSMA roughly adhere to the Toronto District School Board Terms. However, there are occasional differences and our term dates are sent out before each term begins. 
1b. At all times it is the responsibility of the pupil to be aware of the first and last dates of term at BSMA.
 
2. Communications 
2a. All correspondence is sent out to the pupil by email. If this causes a problem, please inform BSMA. 
2b. It is the responsibility of the pupil to make BSMA aware of any changes to their contact details. BSMA 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 BSMA’s communication is done via bulk delivery services, 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 info@brightersidemusic.com so we can rectify the situation as soon as possible.
 
3. Timetabling of Lessons 
3a. The pupil will be informed of the lesson day, time and the date of their first lesson before their teaching commences, either by phone, in person or by email. BSMA will always aim to confirm all lesson details by email, but does not guarantee that this will be the case if it deems sufficient confirmation has been provided by other means.
3b. Site-based lessons – if the agreed lesson times or days need to be changed, the pupil will be contacted as far in advance as possible and alternative arrangements will be made to continue the lessons at times and days that suit the pupil and BSMA.
3c. School-based / School Programme lessons –
3.c.i. If the agreed lesson day needs to be changed, the pupil will be contacted as far in advance as possible and alternative arrangements will be made with the school and the pupil for a suitable new lesson time.
3.c.ii. If the agreed School Programme lesson time needs to change to a new time, on the same day of the week and within school hours, the pupil will not be informed in advance and will instead be collected at the new time by the tutor.
3.c.iii. In order for pupils not to miss the same classroom lessons/ activity each week, BSMA offers a rotating timetable to suit the school and the pupils.
3.c.iv. Pupils scheduled for lessons on a rotating timetable will be given the details of the varying lesson times, as will the tutors and the school, so that attendance at the School Programme lessons is not impacted adversely.
 
4. Absences
4a. Individual lessons –
4.a.i. If the pupil is unable to attend a lesson please let BSMA know at the earliest time possible, by cancelling through the online portal or calling us by phone. 
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. However, your tutor will provide you with a video summary lesson. If one is not provided within 24 hours you are asked to contact info@brightersidemusic.com. 
4.a.iii. Where at least 24-hours’ notice of the intended absence is given, this is deemed an “explained absence.”
4.a.iv. Your or your child’s BSMA tutor will arrange a replacement/catch-up lessons for up to two lessons per term for explained absences with you at a mutually agreeable time. 
4.a.v. BSMA tutors 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 to not have this, this lesson is considered forfeited. Please note the onus is on the caregiver/parent to jointly work with their tutor to find a mutually beneficial time. The tutors are instructed to diligently help in this so please let the main office know if you feel this is not happening. 
4.a.vi. It is only by managerial discretion that customer credit is placed on a pupils 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 and School Programme lessons – 
4.b.i. No catch-up lessons or credits will be provided for an individual’s absence from a School Programme / group lesson / band class / choir / or any other group-based tuition activity. 
4.b.ii. Where the entire group is absent we will endeavour to provide a replacement/catch-up lesson later that term, if we are unable to do this, we may choose instead to place this on your pupil’s account as customer credit.
4.b.iii. Where a Brighter Side School Programme tutor is not able to teach, due to illness or a vehicle / mechanical failure, BSMA will arrange for the missed lessons to be caught up at a time that suits the affected school.
4c. Tutor Absences – 
4.c.i. If the pupil’s tutor is unavailable to teach, BSMA will attempt to arrange a cover tutor and give you as much notice as possible. 
4.c.ii. If this is not possible, the pupil’s normal tutor will arrange catch up lessons with the pupil as stipulated in 4.a.iii. 
4.c.iii. A tutor’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 BSMA cancels any lessons due to events out of its control, customer credit may be given at the discretion of BSMA management. 
4.d.ii. BSMA diligently attempts to exclude all events planned by the school that conflict with lessons at the start of each term. However we appreciate any parent who notifies us of events that may have been not communicated by the school.
4.d.iii. If a school cancels BSMA’s teaching due to events out of BSMA’s control (sports days / school trips / etc.) the week of that event, It is not BSMA’s responsibility to make itself aware of any such event, due to what is stipulated in 4.d.ii.
4e. Ongoing absences – 
4.e.i. If a pupil will be absent for more than three weeks due to medical reasons, a credit may be given, at the discretion of BSMA management.
 
5. Duration of the Lesson Agreement – ongoing 
5a. The lesson agreement between BSMA and the pupil is a rolling agreement that continues into each new term and new year. 
5b. The pupils 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 – opt out of the Lesson Agreement with BSMA
6a. If the pupil wishes to cancel the lesson agreement with BSMA, written notice must be received by BSMA Management (cancellation@brightersidemusic.com) at least two weeks prior to the intended last lesson. Any lessons remaining after the end date will be credited to the pupil’s account if payment has already been made.
6b. Verbal notice given to the tutor will not be acted upon and is not considered sufficient unless confirmed in writing to BSMA main office by the pupil. 
6c. If the pupil 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 equivalent to the cost of one week’s lessons will be charged).
6d. Exceptions on medical grounds may be made to this as decided by BSMA management. 
6e. No refund or credit will be given for any cancellations part way through a fixed length programme (such as an Introduction to Music course). 
6f. If BSMA has to cancel a lesson agreement it will endeavour to give two weeks’ notice to the pupil. Any lessons remaining after the lessons’ end date will be credited to the pupil’s account if payment has already been made.
6g. If, in exceptional circumstances, BSMA has to cancel the pupil’s lesson due to damage of BSMA property or harassment of BSMA staff by the pupil, this may be done with no notice and no credit or refund for any outstanding lessons.
 
7. Tuition Fees and Accounting 
7a. BSMA tutors CANNOT accept payments in any form. 
7b. BSMA starts following up term fees with an assumption of good faith that it is an unintentional mistake. 
7c. The pupil will be billed for each future term in full towards the end of the preceding term. 
7d. Full payment must be received before the new term starts, unless an agreed installment plan has been put into place. 
7e. BSMA prefers online / credit card payments. 
7f. New pupils will receive an invoice when their enrollment is processed.
7g. If the pupil commences lessons part way through a term, the remainder of that term will be billed in full and payment must be received or an Installment plan needs to be agreed, within one week of the invoice being issued. 
7h. Upon enrollment a pupil or guardian/caregiver of pupil will be set up with a Customer Portal log in. All Term fee invoices, payments and lesson details are accessible there.
7i. Installment payments are not to be confused with a “payment of for lessons” arrangement. The full invoiced fee is due – and payments can be made against the total sum owed. 
7j. Penalties for late payments will be applied as per the below.
7k. The pupil will incur an annual $20 registration fee.
 
8. Penalties 
8a. Overdue accounts can accrue penalties of 3% when overdue for 28 days.
8.a.i. LATE PAYMENT Penalties will be added to accounts that are 28 days in arrears. If the account remains overdue, further penalties will be added.
8.a.ii. Dishonoured Internet Payments – the pupil’s account will be debited with a $10 fee if any online payment is annulled.
8.a.iii. Dishonoured Cheque Payments – the pupil’s account will be debited with a $45 fee if any cheque payment is annulled (NSF). 
8.a.iv. The pupil is responsible for any and all charges that their bank may levy for rejecting any payment to BSMA.
8b. BSMA does reserve the right to temporarily and fully suspend pupils from lessons with unpaid term fees during term time. A temporary suspension means that BSMA will keep the lesson time slot available for the pupil in the hopes that payment will be made. A full suspension means that BSMA has the right to fill the pupils lesson time slot with another pupil from the waitlist.
8c. Debt Collection details.
8.c.i. Payments more than 30 days in arrear may be handed over to the credit bureau. 
8.c.ii. BSMA will attempt numerous contacts prior to resorting to this unfortunate measure. 
8.c.iii. All costs incurred for sending an account for debt collection are added to the pupil’s outstanding balance.
 
9. Photography & Filming 
9a. BSMA may use film or still photographs of students for appropriate promotional purposes. 
9b. You (or your parents if you are under 18 years of age) must inform BSMA in writing at anytime if you will not allow the use of such images.
 
10. Changes to the Terms and Conditions 
10a. The Terms and Conditions described above are agreed to upon enrollment and may be changed at any point by BSMA without providing notice to the pupil. A copy of the Terms and Conditions will always be available on our website and may be emailed to the pupil on request.
 
Contact Details
For all general enquiries: info@brightersidemusic.com 
For all absence notifications: absence@brightersidemusic.com 
 
For all BSMA enquiries: info@brightersidemusic.com 
Find us on facebook, Instagram, twitter: @ourbrighterside
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