Cancellation Policy
Tuition is due by the first lesson of each month. The monthly tuition reserves your time slot in the teacher’s schedule. In months with five weeks, the fifth lesson is complimentary and will not be credited or made up if missed. If a lesson needs to be canceled with at least 24 hours’ notice, it may be rescheduled or credited toward the following month’s tuition. Any lessons canceled by the teacher will always be credited or rescheduled. Lessons canceled with less than 24 hours’ notice are forfeited and will not be credited or rescheduled. If lessons are permanently canceled for any reason, all lessons at least 24 hours in the future that have already been paid for will be fully refunded. Any changes to this policy will be clearly communicated with all families at least 30 days prior to taking affect.
Student Enrollment Agreement
1. Lesson Services and Independent Instructor Relationship
Braelyn Heltne, DBA Heltne Piano Studio (“Studio”) engages qualified instructors (“Instructor”) as independent contractors to provide lessons. While Studio establishes general scheduling and studio policies, instructors are independent professionals responsible for the manner and method of instruction. Nothing in this Agreement creates an employment relationship between Student/Guardian and any instructor. Lessons may take place in the student’s home or another mutually agreed location. Student/Guardian agrees to provide a safe and appropriate lesson environment and ensure that a responsible adult is present during lessons with minor students.
2. Tuition, Payment, Cancellation, and Rescheduling
Tuition is billed on a monthly basis at the beginning of each month and reserves the student’s lesson time. Tuition covers scheduled lesson time, Instructor compensation, and studio administrative services. Tuition is not based on attendance at individual lessons. Missed lessons are handled according to Studio policy. Billing is based on a 4-week monthly cycle. In months with 5 weeks, the 5th lesson is complementary and will not be rescheduled or credited if missed. Student/Guardian must provide at least 24 hours’ notice to cancel or reschedule a lesson. Canceled lessons with adequate notice will be placed as a credit toward the next invoice. Reschedules are at the discretion and availability of the individual Instructor. The Instructor will make reasonable efforts to offer makeup lessons when possible but does not guarantee availability. Lessons canceled with less than 24 hours’ notice will be forfeited and will not be rescheduled or otherwise made up. Either party may terminate this Agreement at any time with written notice. Upon termination, lessons scheduled more than 24 hrs in the future will be refunded, including credits from lessons canceled with notice. Direct refunds will only be issued upon termination of lessons. Refunds, if applicable, will be processed within 30 days of termination. Cancellation Policy is subject to change at Studio discretion. Any changes will be clearly communicated at least 30 days before taking effect.
3. Assumption of Risk and Release
Student/Guardian acknowledges that participation in music instruction involves normal physical activity, including use of the hands, wrists, and arms, and movement within a home or lesson environment. Student/Guardian understands that improper technique or excessive practice may result in temporary discomfort or minor strain. Student/Guardian voluntarily assumes these inherent risks associated with lesson participation. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDENT/GUARDIAN AGREES TO RELEASE AND HOLD HARMLESS HELTNE PIANO STUDIO AND ITS INSTRUCTORS FROM CLAIMS ARISING FROM ORDINARY NEGLIGENCE IN CONNECTION WITH LESSON PARTICIPATION, INCLUDING ACCIDENTAL PROPERTY DAMAGE OR TRIPS AND FALLS, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELTNE PIANO STUDIO’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO LESSON SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF TUITION PAID BY STUDENT/GUARDIAN DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Studio shall not be liable for indirect, incidental, consequential, special, or punitive damages.
5. Dispute Resolution
ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR LESSON SERVICES SHALL FIRST BE SUBMITTED TO GOOD-FAITH MEDIATION. IF NOT RESOLVED, THE DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN THE STATE OF TEXAS. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. Student/Guardian knowingly waives the right to file a lawsuit in court or to have a trial by jury for disputes covered by this provision. Either party may seek temporary injunctive relief in court to protect confidential information or enforce restrictive covenants.
6. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement constitutes the entire Agreement between the parties and supersedes all prior discussions or representations. If any provision is found unenforceable, the remainder shall remain in effect. Any unenforceable provision shall be modified to the minimum extent necessary to make it enforceable. Student/Guardian grants Studio permission to use photographs or videos of the student for marketing purposes unless Student/Guardian provides written notice declining such permission. Studio shall not be liable for failure to perform due to events beyond its reasonable control, including illness, severe weather, government orders, or emergencies. Written notice under this Agreement may be provided by email to the last known email address on file and shall be deemed received when sent.