Service Terms

Terms and Conditions of Service

 

Introduction

Gotham Music Academy LLC (including its successors and assigns, “Gotham Music Academy”, “we” or “us”) may from time to time offer various services related to music education (individually and collectively, “Services”). Any one that wishes to commence or continue obtaining any such Service (each, an “Applicant” or “you”) must first enter into a legally binding enrollment agreement with us.  If an Applicant is less than 18 years old, his/her parent or legal guardian must enter into an enrollment agreement on his/her behalf as well as on their own behalf, and each reference herein to “Applicant” or “you” shall include each of the minor and his/her parent or legal guardian. No one may obtain any Service from us unless an enrollment agreement is so in effect.

The following Terms and Conditions of Service (“Service Terms”) constitute an essential component of each enrollment agreement and are incorporated into such agreement by reference. For your and our mutual benefit, these Service Terms state clearly how we propose to provide our Service and what we are entitled to expect from the Applicant. 

Fees

A $35 NSF fee will be charged for any bounced/returned checks.  A $25 late fee will be charged in the event a student has not been picked up within the first 15 minutes following the scheduled end of class, which fee shall be increased by $25 for every successive 15-minute increment by which pick-up is late.

Fees payable to Gotham Music Academy, whether in respect of any Service or otherwise, are due by the earliest of (a) your online enrollment in respect of such Service, (b) any time you take a class and (c) the due date indicated for such fee on your invoice/statement.  Fees are not refundable (or credited towards any other Service) for any reason except as expressly provided in these Service Terms.  

Gotham Music Academy reserves the right, at our sole discretion, to suspend Services for any Applicant whose account is past due and, in the case of repeated late payments, terminate such Services without any refund.  If an Applicant’s account is forwarded to an attorney or collection agency for collection, Applicant is responsible for any and all expenses of collection and attempted collection, court costs and reasonable attorney’s fees in addition to other amounts due.

Student Absence & Re-Scheduling of Classes

Absence from a booked class will not automatically give rise to any right of re-scheduling. If Applicant will be unable to participate in any booked class for any reason and provides us with reasonable advance notice (at least 24 hours before the booked class is scheduled to start), we will re-schedule the booking to another class taking place at a time mutually agreed-on with Applicant.  Otherwise, Applicant will, despite his/her absence, be deemed to have taken the booked class.

Cancellations & Refunds

If an Applicant has a serious illness (lasting longer than four (4) weeks) or is required by his/her employer to move out of town and, in each case, this makes it impossible for the student to participate in the Service he/she is enrolled in, Gotham Music Academy will, upon Applicant submitting a written request accompanied by reasonable evidence substantiating such extenuating circumstances (for example, a doctor’s note or employer’s letter), cancel Service purchased by the Applicant.

Furthermore, Gotham Music Academy may, at any time and in its sole discretion, cancel any Service with respect to any Applicant.

In the event of a Service cancellation, we will refund each Applicant the payment received from such Applicant in respect of such Service, prorated based on the number of classes already taken in relation to the total number of classes paid for.  Processing of refunds may take 4-6 weeks.

Course Schedule

Gotham Music Academy reserves the right to, in its sole discretion and at any time, change the dates, times or content of any class, cancel class, substitute a different instructor, or change the class you are assigned to.  We will provide Applicants affected by such change with reasonable advance notice.

Curricular Materials

In Gotham Music Academy’s or our instructors’ sole discretion, students may receive instructional materials (including, without limitation, audio and video clips, tab or chord block sheets, flashcards, etc.), and entities receiving school Services may receive teaching aids, lesson plans and other curriculum programming materials, in each case, prepared by or for Gotham Music Academy (any and all of the foregoing, “Curricular Materials”).  Any other instructional materials or teaching aids that Gotham Music Academy or your instructor may from time to time elect to incorporate into a course need to be purchased and paid for by the Applicant.  

Property Damage, Loss or Theft

Applicant is responsible for ensuring that no property of Gotham Music Academy or any of our members, managers, officers, directors, employees, instructors, contractors, suppliers, agents or affiliates (individually and collectively, “Academy Property”) is damaged, lost or stolen as a direct or indirect result of any action or failure to act appropriately by Applicant or any other person accompanying, attending to or waiting for Applicant (each, an “Applicant Person”). In the event that any Academy Property is damaged, lost or stolen as a direct or indirect result of negligent action or failure to act appropriately by any Applicant Person, the Applicant agrees to pay all reasonable costs in full (including without limitation for replacement or reparation).  For the avoidance of doubt, no Academy Property may be removed by any Applicant Person from any location at which Services are rendered without our express prior consent.  Gotham Music Academy shall not be responsible for any damage to, or loss or theft of, any property belonging to any Applicant Person.

Contact Information

It is entirely Applicant’s responsibility to inform us of any changes to the contact information you provide in connection with your enrollment including your and your emergency contact’s address, email address and phone number. We are not responsible for maintaining current contact information for any Applicant or his/her emergency contact.  We are also not responsible for Applicants or parents/guardians not receiving or not reading our emails. Please ensure @gothammusicacademy.com and gothammusicacademy@gmail.com are excluded from any bulk message filters in your email system(s).

Student Conduct

We reserve the right to suspend or terminate Service in respect of any Applicant for material unreadiness, persistent tardiness, repeated failure to be picked up on time after a lesson, behavioral problems, verbal/written harassment, threatening remarks to instructors, noncompliance with our policies and procedures, safety or health concerns (including, without limitation, if Applicant, in our sole judgment, appears to pose a health hazard to any instructor or student), or if such Applicant is otherwise deemed by us, in our sole discretion, to be unsuitable through the Applicant acting or behaving unsociably, offensively or otherwise unacceptably on account of conduct, attitude or demeanor. For the avoidance of doubt, in any such case Applicant shall not be entitled to any refund.

Gotham Music Academy provides its services in an academic setting and therefore students must accept the authority of our instructors and our management to take reasonable disciplinary action to safeguard and promote students’ welfare or otherwise as appropriate and/or necessary. For the avoidance of doubt, Gotham Music Academy will not tolerate any form of bullying, harassment, victimization or discrimination.  Please further note that Gotham Music Academy has a zero tolerance drug policy and a “nut free” policy. 

Intellectual Property

All intellectual property rights (including without limitation registered design, copyright, database right, trademarks, application to register any such rights, trade secrets and/or know how) that Gotham Music Academy may have in any Curricular Materials are and shall remain the exclusive property of Gotham Music Academy or its licensors.

Gotham Music Academy shall also exclusively own all intellectual property rights arising in the parts of recordings or writings made or written by our instructors or students in connection with any Service rendered where Gotham Music Academy or any of its instructors have had input into the composition and/or recording and/or production of said works.

Any unauthorized reproduction, dissemination, broadcast or other use of such Curricular Materials or other Gotham Music Academy-owned or -controlled recordings or writings by you is prohibited and shall constitute a breach of your enrollment agreement and an infringement of copyright.  Without limitation of the foregoing, you may not make any photocopies of any Curricular Materials without our prior written consent.

From time to time, Gotham Music Academy may offer to certain students publishing or production licensing or administration arrangements with the express intent of exploiting songs or recordings presented by the student to Gotham Music Academy, and all such arrangements shall be subject to the terms offered in such case.

Reproduction of Photo, Video and Audio Material

Applicant authorizes Gotham Music Academy to use images of and sounds made by Applicant (or, in the case of a parent or legal guardian, of his/her child or ward) in a photo, video or audio recording, use any such recording and such student’s work samples for promotional use and identify such student by first name and first letter of surname.

Special Needs

Please inform us of any special physical or medical requirements you may have with as much notice as possible in order for us to try to meet them as far as practicable.  Each Applicant is required to inform Gotham Music Academy in writing of any life-threatening or serious medical condition (for example, allergies) that the Applicant or, in the case of a parent or legal guardian, that his/her child or ward may have.  Any student with a potential for anaphylaxis must be accompanied to their lesson by a parent or care-giver who is capable of managing the situation if it arises.  Where it is impractical to communicate with the parent/guardian of a student that is a minor, or with the next-of-kin of an adult student, Gotham Music Academy, its staff and instructors are authorized to whatever medical or surgical treatment may reasonably be deemed necessary or advisable for the student.

Indemnification, Release and Waiver of Liability

Each Applicant agrees to release, indemnify and hold harmless Gotham Music Academy and each of our members, managers, officers, directors, employees, instructors, contractors, suppliers, agents or affiliates (each, a “GMA Person”) from and against any and all liabilities, claims, demands, causes of action, costs, damages and expenses whatsoever, arising out of or related to any loss, damage, or injury that may be sustained by such Applicant, any minors, siblings, friends or relatives of Applicant or any other person attending to, waiting for or otherwise accompanying Applicant, while in or around any premises under the control and supervision of any GMA Person, while in or around any other location at which Services are rendered, or while en route to or from any such premises or location. In furtherance and not in limitation of the foregoing, please note that Gotham Music Academy does not assume any responsibility for the well-being or safety of minors who are left unattended on or around any such premises or location.  However, nothing in these Service Terms shall operate to limit or exclude liability for death or personal injury caused by gross negligence or willful misconduct.  In no event shall any GMA Person be held liable, whether in tort, contract or otherwise, for any indirect, consequential or special damages arising out of or in any way related to any enrollment agreement, any Service or any such premises or location.  Any liability of Gotham Music Academy arising under any enrollment agreement or in way related to any Service shall be limited to the total amount actually received by Gotham Music Academy pursuant to such enrollment agreement or in respect of such Service.

Severability

If a court or any other competent authority finds that any provision of any enrollment agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of such enrollment agreement shall not be affected.

Assignment

Gotham Music Academy may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under any enrollment agreement and may subcontract or delegate in any manner any or all of its obligations under any enrollment agreement to any third party, in each case without any notification to you and without your consent. However, you are not allowed to assign, transfer, or subcontract any of your rights or obligations under your enrollment agreement.

Entire Agreement

Each enrollment agreement constitutes the entire agreement between the parties on the subject matter thereof and supersede all prior agreements and understandings in respect of such subject matter.

Governing Law & Jurisdiction

These Service Terms will be governed by and interpreted in accordance with the laws of the State of New Jersey, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the State of New Jersey for the resolution of any disputes.