Music Lessons Terms and Conditions
Music Lessons Terms and Conditions
Lessons are offered in 30-60 minute private and 40-minute group lessons.
The monthly pay option includes a fifth week and/or excludes holidays where applicable. All lessons are prepaid at least 12hrs in advance unless our teachers can fit a student in same day. Payments are to be made directly to Kalena Instruments. No checks accepted. All Major Credit cards accepted and tap payments including Apple Pay, Google Pay, etc. Classes paid monthly are discounted tickets and are non-refundable. One non-refundable discounted monthly payment makes bookkeeping easier, saves our students money and keeps our teachers paid for their time. Some months have five weekly classes and some have four. Some months with holidays may only have 3 classes. The fee will not change based on the number of classes you attend. Groups take a commitment and this reinforces the commitment. Same as normal school classes, missed classes with other students can not be made-up. Please understand that the teacher will be paid for the lesson whether a student shows up or not. The lesson fee is paid monthly and will not be adjusted for missed classes.
2. Practice Expectations
Students should practice 30 minutes/day, 4-5 days/week.
3. Attendance and Tardy Policy:
Students are expected to arrive on time and have their instrument tuned before the lesson begins. Your lesson time will not be extended because you are late or unprepared, and you will still be charged the same. Frequently missing lessons will not be tolerated. Consecutive absences are grounds for termination of lessons and you are still required to pay for the month.
4. Student Responsibilities Materials:
Students are responsible for the purchase of their own books, instruments, and other materials needed for lessons. Preparedness: Students are expected to prepare their lesson material to the best of their ability. This is homework! Being unprepared for a lesson is a waste of time and money. Bring all lesson materials to lessons. Forgetting song sheets will prevent the teacher from giving a productive lesson.
5. Account Terms
1. To access and use the Services, you must provide your full legal name, phone number, a valid email address, and any other information indicated as required. Kalena may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
3. You acknowledge that Kalena will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Kalena and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Kalena can only be authenticated if they come from your primary Account email address.
4. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Kalena may result in an immediate termination of your Services.
6. General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service before you may sign up for any Kalena Service. Additionally, Technical support in respect of the Services is only provided to Kalena clients.
1. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Hawaii and the laws of The USA applicable therein, without regard to principles of conflicts of laws.
2. You acknowledge and agree that Kalena may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Kalena’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Kalena’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Kalena Instruments LLC.
4. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
5. Kalena may send certain communications to you by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services").
6. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
7. Kalena Rights
1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Kalena customer, Kalena employee, member, or officer will result in immediate Account termination.
1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers. Kalena’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public.
2. Each party agrees to use the Confidential Information of the other only to perform the obligations in Terms of Service. Confidential Information must be protected and respected.
9. Limitation of Liability
1. You expressly understand and agree that, to the extent permitted by applicable laws, Kalena shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for losses resulting from the use of or inability to use the Service. Kalena asks teachers to act in the most ethical and moral manner to properly teach our students. Kalena and/or its teachers will not be liable for any emotional or physical ailments that students may have. If a student feels uncomfortable for any reason, we recommend terminating lessons immediately. Kalena will not be held responsible for a student's depression, anxiety, medical conditions or other ailment thought to be caused by playing an instrument or what the student feels to be teacher misconduct.
2. To the extent permitted by applicable laws, in no event shall Kalena be liable for any special, incidental or consequential damages arising out of or in connection with our Services or Terms of Service (however arising including negligence).
3. Kalena does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
4. Kalena does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
5. Kalena is not responsible for any of your tax obligations or liabilities related to the use of Kalena’s Services.
6. Kalena does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
10. Waiver, Severability, and Complete Agreement
If Kalena chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later. These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Kalena don’t apply if they conflict with these terms.
11. Payment of Fees
1. You will pay the Fees applicable to your subscription to Kalena Services.
2. All Fees are paid in advance.
3. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Kalena’s products and services. To the extent that Kalena charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Kalena of your exemption. If you are not charged Taxes by Kalena, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
12. Cancellation and Termination
1. You may cancel and terminate Service(s) at any time by contacting firstname.lastname@example.org and then following the specific instructions indicated to you in Kalena’s response.
2. Upon termination of the Services by either party for any reason:
1. Kalena will cease providing you with the subscribed Services.
2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
3. any outstanding balance owed to Kalena for your use of the Services through the effective date of such termination will immediately become due and payable in full.
3. Fraud: Without limiting any other remedies, Kalena may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
13. Modifications to the Service and Prices
1. Prices for using the Services are subject to change without notice from Kalena. Notice may be provided at any time by posting the changes to the Kalena Site (Kalenainstruments.com).
2. Kalena reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
3. Kalena shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Let’s get started! We are happy to start you on this magical musical journey! Unleash your potential and share your talent with those around you! Music is a universal language and playing an instrument will enrich your life!