Terms and Conditions

Terms and Conditions for Services and use of the Site

Definitions
Legal Agreement
Representations
Agreement Creation, Fulfilment
Student Obligations With Regard to Payment
Payment Currency
Services
Cancellation, including Consumer Contract Regulations 2013, Booking, Illness and Cancellation Policies
Termination of Tuition
Force Majeur/Circumstances Beyond S W-R’s Control
Intellectual Property and Copyright/Recording of Lessons
Communication With S W-R
Use Of Site/Prohibited and Unlawful Uses
Response to Breach of Terms or Unlawful Use of Site
Modification, Withdrawal or Termination of Site, Use of Services or Content
Accuracy of Information
Third Parties and Links
Personal Information
Disclaimer of Warranties
Limitation of Liabilities
Exclusions and Limitations
Waiver
Indemnification
Severance
Entire Agreement
Governing Law
Changes to Terms and Conditions

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1. Definitions

For the purposes of these Terms and conditions of the Data Protection Act 2018, the data controller is Sara Wallander-Ross. The data processor is Weebly.com.

From henceforth ‘S W-R’, ‘I’, ‘me’, ‘mine’ ‘she’ shall refer to Sara Wallander-Ross. ‘The Site’ shall refer to www.sara-wallander.com. ‘Services’ shall refer to the services rendered in the form of singing lessons/tuition/coaching to the individual Student. ‘User’, ‘Student’, ‘You’ and ‘Yours’ refer to the individual site user/person enquiring regarding or engaging in singing lessons. ‘Terms‘ refers to these Terms and conditions (‘Terms of Service’, ‘Terms of Use’). 'Agreement', 'Contract' refers to the agreement between a Student or College and S W-R to commence and continue tuition.
These Terms and Conditions set out the legal relationship between Sara Wallander-Ross and the Site User/ Student. Please read them carefully. The headings used in this agreement are included for clarity and convenience only and will not limit, change or otherwise affect these Terms.

2. Legal Agreement

By visiting, browsing, submitting any forms, enquiring regarding singing lessons, either via this Site or by personal email, or otherwise interacting with the Site or Sara Wallander-Ross, either via the Site or by email, text or phone, you are accepting and consenting to the practices described in these Terms, together with any additional terms presented on this Site, referenced within these Terms or made available by hyperlink, such as Illness Rules/Cancellation Policy, policies regarding booking, payment and Privacy Policy. By agreeing to these Terms, it shall be assumed that you have read, understood and agreed with the above and any other relevant terms.
If you do not read, understand or agree with these Terms and all aforementioned terms and policies, you must cease to browse, interact or otherwise use the Site, and discontinue use of the Site and Services. These Terms and Conditions apply to all users, students, browsers, visitors without exception.

You cannot transfer your rights and obligations under these Terms to any another person without written approval. This contract is only between you and S W-R. No other third person shall have any rights to enforce any terms.

These Terms were written in English. If a translated (non-English) version of these Terms should in any way conflict with its English version, the provisions of the English version shall prevail.

3. Representations

You acknowledge and agree that by entering into an agreement with S W-R you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.
You shall not have any claim for innocent or negligent misrepresentation against S W-R based on any statement in these Terms.

Except as expressly stated in these Terms, S W-R does not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise, is excluded to the fullest extent permitted by law. In particular, she will not be responsible for ensuring that the Services are suitable for your purposes.

4. Agreement Creation, Fulfilment

Your enquiry submission either via a form on the Site or by personal email is solely an enquiry regarding the Services rendered by S W-R. The receipt of this enquiry by S W-R, and/or any other communication by S W-R in response to an enquiry does not constitute an acceptance to perform said Services, nor does it place S W-R under obligation to fulfil the Services. The agreement between S W-R and the Student is only formed after S W-R’s acceptance to hear the student for a consultation lesson. This binds S W-R to give one consultation lesson only (fee payable). Any additional lessons will only be provided after the completion of the consultation lesson and S W-R’s agreement to provide further tuition.

S W-R reserves the right to refuse tuition without explanation.

5. Student Obligations With Regard to Payment

You warrant that you are legally capable and permitted to enter into a legally binding contract regarding payment of tuition. Payment shall take place in advance by bank transfer for online lessons/face to face lessons. Cash payment at the beginning of face to face lessons is also acceptable. Should advance payment in full not have been received by the commencement of a lesson, S W-R reserves the right to withhold tuition until full payment has been received.

To enable completion of any transaction(s) and/or transfer(s) actioned by you, you agree to provide wholly correct, complete and current personal information. You verify, by agreeing to receive tuition, that you have the right to use any method of payments you employ. You shall not employ any method of payment you have obtained by fraudulent means. Should it come to my attention that transactions have been made by fraudulent means, I shall be obliged to report such instances to the relevant authorities.

If your circumstances or personal details change, you agree to promptly update the details needed to complete transactions and enable contact regarding lessons or other matters.

6. Payment Currency

Payments are only accepted in Pound Sterling. Bank or any other charges for payments made not in Pound Sterling will be borne by you, and at no point will S W-R be liable for such charges. Any charges for bank transfers should you not be resident in the UK, will be anticipated, calculated and borne by you. Not at any point and for no reason shall S W-R be considered responsible or liable in any way for any personal, legal or financial repercussions borne out by your non-payment of such charges.

7. Services

S W-R provides singing lessons/vocal coaching. Such lessons shall take place online or face to face in S W-R’s teaching studio. S W-R does not teach in a student’s home or on college premises. At no stage does S W-R provide face to face lessons without prior agreement. Furthermore, S W-R does not at any point promise or guarantee that such a lesson format will be made available, not now, nor in the future.

The tuition will include technical exercises and scales, as well as potential repertoire chosen either by S W-R specifically for the Student or chosen by the Student himself /herself, and agreed by S W-R. Scales and exercises will form the basis of the lessons and might for an indeterminate period of time be the only teaching mode. They will make possible the imparting of technical guidance to help remedy technical/vocal issues experienced by the Student. The tuition may also include language/pronunciation coaching, discussions of musical interpretation, orchestrations as it pertains to opera, oratorio, orchestral songs and/or piano writing as it pertains to art song, guidance regarding stage fright and general vocal hygiene as deemed suitable and needed. Not at any point is any guidance meant as advice in the legal sense and S W-R shall not be liable for any consequences of any kind born by the Student when following said guidance.

Not at any point is any improvement or the attainment of particular goals guaranteed by S W-R. The agreement to provide tuition covers tuition/imparting of knowledge and guidance solely and no particular outcome or result in the form of improvement in vocal quality, stamina, range or career opportunities is guaranteed. S W-R makes no representation or warrant of successful audition results, concert or operatic performances or any specific grade levels. Such outcomes are the sole responsibility of the individual student. The services are at no point and in no situation guaranteed to meet individual expectations held by Students, or any such associated outcomes. S W-R reserves the right to deny tuition at any point and for any reason.

8. Cancellation, including Consumer Contract Regulation 2013, Booking, Illness and Cancellation Policies

Students shall respect and follow the cancellation policies and for face to face lessons, rules regarding illness. These policies are listed below.

RULES REGARDING ILLNESS FOR FACE TO FACE LESSONS
If you at any point have or think you might be coming down with Covid, flu, a cough or cold or anything that might be contagious (however slight) OR if you are at risk of catching something from family members/friends/work colleagues, the lesson must be changed to an online format. If in doubt, please email/telephone me prior to the lesson to discuss, but never turn up ill, even how slight. I am happy for you to contact me with short notice if illness is involved.

If you have had Covid, please do not come for a lesson until you test negative.

If a student comes to a lesson and I deem that he/she is unwell, or if the student says that family members etc. are ill, I shall send that student home immediately and charge for that lesson. This is irrelevant of whether the student can sing or not. If it happens twice, I shall discontinue lessons with that student.
Therefore, if you are unwell but feel well enough to sing, please let me know and we will revert to Zoom.
I keep to these rules strictly.

CANCELLATION POLICY
Face to face lesson cancelled due to illness severe enough to prohibit changing lesson to online format – no charge.
Online lesson cancelled at any point due to student being unable to sing – no charge.
No-show – lesson charged in full.
48 hrs notice required for changes or cancellations for other reasons than being unable to sing.
Late cancellation i.e. within 48 hrs of scheduled time for other reasons than being unable to sing – lesson charged in full.

Should a student disregard such policies, S W-R reserves the right to withdraw or withhold tuition. If tuition has already been paid for, S W-R is within her right to retain the fee. Example 1: student arrives at face to face lesson unwell. Lesson will be cancelled and the fee paid for the lesson in question will be retained. Example 2: Student does not attend a lesson without prior notice. The fee will be retained.

Should a student cancel an already paid for lesson in accordance with the Cancellation Policy above, but wish to rebook the lesson on a separate, agreed date, the fee paid shall be retained by S W-R and reallocated to the rebooked lesson.

Lessons can be rebooked to a different date/time by contacting S W-R. Should a student wish to rebook a lesson for an alternative date/time for other reasons than illness within the 48 hours stipulated by the cancellation policy, such an amendment will be effected at S W-R’s discretion. Should no suitable alternative date be available, S W-R reserves the right to retain the fee paid.

According to the Consumer Contract Regulations 2013, a Consumer has the right to cancel a contract entered into online or at a distance within 14 days of agreement (cooling off period). Therefore, any lessons booked via digital communication or in an online lesson can be cancelled for any reason within 14 days of the booking. Should however the lesson take place within 14 days of agreement and prior to the 14 day cancellation deadline, any fees paid for Services rendered will be retained by S W-R.

Please note - no refunds, in full or partial, will be given for any reason after tuition has been provided.

Should a cancellation be requested within 14 days of booking, prior to the tuition date but after any work such as admin, sourcing of repertoire, or learning new repertoire specifically for the lesson etc. has been done by S W-R, an appropriate sum will be deducted from the refund. Should a lesson be booked face to face in S W-R teaching studio, this cancellation right (cooling off period) is void. You can however still cancel or rebook as per the Cancellation Policy above. Please also see Section 8 – Services regarding outcomes and expectations.

9. Termination of Tuition

These Terms and Conditions and the agreement to provide/take tuition can be terminated at any time by either party (S W-R or private Student). This excludes college contracts. Separate terms are available on request for college contracts. The Terms shall however remain in force unless and until such a termination is effected by either party. Any obligations, duties, liabilities, and/or financial or legal responsibilities incurred prior to the termination date by either party shall survive such a termination for all purposes and in all cases. Notifying S W-R that you no longer wish to have lessons by either email, text, phone or in discussion during a lesson constitutes a termination of these Terms and the tuition taken by the Student.

If S W-R deems that you have violated, or suspects that you have violated, or failed to comply with any provision(s) of these Terms and Conditions, she may terminate this agreement and/or revoke your access to tuition at any time and for any reason without prior notice and without explanation. Such a termination notwithstanding, your liability for amounts due, up to and including the date of termination, shall remain. Therefore, any fees outstanding for tuition taken at the time of informing S W-R of your intention to cease taking singing lessons are to be paid in full. Should advance payment for multiple lessons have been made and a Student wishes to cancel already paid for tuition (which has not yet taken place), the 14 cancellation right (cooling off period) will apply if applicable. The contract will be deemed entered into on the day of the advance payment. If the 14 day period has passed, S W-R reserves the right to retain the fee paid. Any refund of lessons not yet taken would be at her sole discretion.

10. Force Majeur/Circumstances Beyond S W-R’s Control

Should at any point S W-R be unable to provide booked tuition due to circumstances beyond her control, including but not limited to illness, flooding, property damage, damage to technical equipment, Wi-fi and/or internet issues, physical accident, electrical power failures, strikes, disputes of any kind, war, insurrections, revolutions, civil disturbances, fires, flooding, storms, earthquakes or other natural extreme situations, explosions, acts of God, terrorism, riots or other disturbances, governmental actions, court orders, invasion by a hostile alien species, tribunals, non-performance of third parties, loss of data, goodwill or other losses, or any other circumstances outside of S W-R’s control, S W-R shall retain any paid fees and rebook the lessons at the next possible date. If rebooking is not possible, S W-R has the right to retain the fee paid. Any refunds would be at her discretion.

11. Intellectual Property and Copyright/Recording of lessons

Any and all copyrightable materials on the Site (unless specified as owned by Weebly in their Terms of Use, such as themes and code etc.) and material used in lessons including:

trade names and other proprietary identifiers and any derivations thereof, whether or not registered;
images and photos of persons, artworks and any other subjects, historical or current, unless specifically attributed to a third party;
any and all written content, including but not limited to descriptions, biography, potential blog posts and informative text
logos;
audio and videos;
lesson and teaching concepts, technical and teaching methods and expressions

are all owned by Sara Wallander-Ross.

All of the above material is protected by Intellectual Property Rights. Under no circumstances is any person(s) allowed to download, publish, copy, broadcast, plagiarise (whether it be text, imagery, audio, video or oral expressions or vocal technical knowledge), reproduce (in any form), duplicate, exploit, distort, sell, resell, pass off as their own material, distribute, display, commercially exploit, transmit or use this material in any other way without express, written permission from S W-R. Any transgressions will be pursued as permissible to the full extent of applicable Law.

Should you wish to link, including deep link www.sara-wallander.com with your own website, or any other site, or in any other way highlight S W-R in a positive way mutually beneficial for all parties concerned, please contact [email protected] prior to doing so.
Should a student wish to record a lesson, permission must be sought and is given only at S W-R’s discretion. Should permission be given, it will only cover a Student’s personal use and at no point is transmission on the internet (e.g. Youtube, Instagram, Facebook etc.) allowed. Recording a lesson in stealth and without permission will result in a Student having access to tuition immediately and permanently revoked. Permission will only cover one lesson and does not give blanket permission for all lessons.

12. Communication with S W-R

Communication with S W-R can take place either by email, text, telephone or during tuition. You agree that at no point shall you engage in rude, unpleasant or offensive language, nor shall you make insulting or offensive remarks to or about S W-R or about any other individual or groups.

Shall I find, in my sole judgement, that a Student engages in such behaviour, I reserve the right to terminate any communication and business related activities with said Student.

13. Use of site/Prohibited and Unlawful uses

You agree that your use of the Site shall be for lawful purposes only, complying with all applicable laws.
You agree not to copy, modify, derive, download, adapt, imitate or translate the Site, in full or parts thereof, or any content therein; transgress upon or violate S W-R’s intellectual properties or the intellectual properties of others; trace or seek to trace another User; harvest or collect the personal information of other Users; attempt to disassemble the Site; use or attempt to use the Site to sell or promote any wares, either physical, digital or intellectual, not endorsed, expressly allowed by or connected to S W-R; provide false information; engage in any kind of manipulation or deceit, either of persons or technology such as ‘hacking’, ‘phishing’, ‘spamming’; engage in ‘personal impersonation’, either of S W-R, related persons or any other individuals or groups; gain unauthorised access to any parts of the Site not lawfully accessible by you by either disabling, bypassing, circumventing or by other prohibited means avoiding security measures put in place.

You agree not to upload or attempt to upload, insert or otherwise make available any malicious, unlawful, defamatory, vulgar or obscene content, including but not limited to content of a sexual, offensive or violent nature; submit, upload or transmit any virus, worm, Trojan Horse, bug, spy- ,stalker-, or malware, or any other computer code, file or program, script or Artificial Intelligence that may or is intended to damage, crawl, scrape, disturb or affect the functionality and/or operation of the Site and/or any hardware and/or software of the Site or any related website, any other sites, or any other actually or potentially harmful code or component.
You agree to not in any way use the Site for harassment, abuse, threat, insult, libel, intimidation, harm, defamation or slander of any person(s) for any reasons, such as race and ethnicity, religion, sexual orientation, age, disability etc.; commit fraud or express unlawful sentiments; use obscene, vulgar, offensive or rude language in any setting or by any means of communication; promote or incite violence; solicit or convince others to partake in unlawful activities; violate any international, federal, provincial or state regulations, rules and laws.

S W-R accepts no liability at any point and for any reason for any transgressions or violations of the above by individuals using the Site. Should you become aware of any unlawful activities by other Users, please inform the relevant authorities.

14. Response to Breach of Terms or Unlawful Use of Site

Should you transgress, attempt to transgress, or otherwise fail to comply with any of these Terms or any laws or requirements applicable to your use of the Site and/or the Services, your access to the Services and/or Site shall be immediately and either temporarily or permanently revoked. Should transgression involve any unlawful acts, the response will also include full disclosure of information to the relevant authorities as deemed necessary, and is required by Law, as well as legal proceedings, including for potential intentional tort, as deemed fit and advisable for reimbursement of all costs, including administrative, legal and any other justifiable costs.

15. Modification, Withdrawal or Termination of Site, Service or Content

S W-R reserves the right to change the price of tuition at any time and at her sole discretion may change, replace, modify, withdraw or terminate, either temporarily or permanently, the Site, or any parts thereof at any time, and/or Services with or without notice to Users/Students. This includes but is not limited to Site content, tuition content and/or format, type of tuition offered and/or the scheduling of tuition. You agree that she shall at no point and for no reason be liable to you or third party for any modification or discontinuation of Service or Site, in part or in full.

16. Accuracy of Information

Occasionally, and unintentionally there may occur typographical errors, omissions and/or inaccuracies on the Site or within the Service provided. These may relate to lesson price, availability, format, length, guidance imparted, facts stated etc. Should such errors occur with regard to pricing, S W-R reserves the right to refuse or cancel any bookings or enquiries based on the incorrect price.
S W-R has no obligation to amend, update or clarify any details presented on the Site, other than as required by Law, and any partial amendment or update does not imply a full and complete amendment of the Site. S W-R reserves the right to change, add to or remove any information presented on the Site at any time without prior notice.

17. Third parties and Links

To make possible, add value to and improve the Services, the Site may contain links to Third Parties. S W-R only acts as an intermediary between you and such Third Parties, and does not examine, validate or vouch for the accuracy or the availability of such links, nor does she monitor or take responsibility for any interaction or transaction you engage in with any relevant Third Parties. Clicking on any links may take you to Third Parties not affiliated with S W-R, so be aware that you are leaving sara-wallander.com. By doing so you are no longer governed by these Terms and Conditions and Privacy Policy and you access such links at your own risk. Please make sure that you read and inform yourself of any terms and policies in force by any Third Party, and that you are satisfied with any such Policies.

S W-R takes no responsibility, nor is she, in any situation, liable without limitation for any material, such as advertising, content, practices (practical, ethical, religious, cultural or moral), offers, products, goods, services, imagery, graphics or malicious hardware or software you may encounter. She excludes all liability, alleged or not, that may arise in connection with, or as a result of, any such external material (imagery or written content) or any cookies placed on your device, as well as any damage (mental, physical or material), costs (direct or indirect), offence, injury or loss (financial, personal, anticipated or actual of any kind).

18. Personal Information

For information on how, why and when Personal Information may be collected, stored and disclosed, please see the Privacy Policy.

19. Disclaimer of Warranties

The Site and Services are provided on an 'as is', ‘with all faults’, and 'as available' basis without any representation or endorsement made. You agree that the use of the Site and Services is at your own risk and that you fully understand such risks. The Site and any related Services are provided without any warranties of any kind, whether express or implied, in relation to the Site, or any transaction that may be conducted on or via the Site including but not limited to implied warranties of non-infringement, compatibility with devices, operating systems, browsers, software or tools, security, accuracy, state of completeness, durability, merchantability, fitness for a particular purpose, implied or otherwise. While S W-R will reasonably endeavour to verify the accuracy and correctness of any information and details presented on the Site, she makes no warranties, whether express or implied, in relation to its accuracy.
She does not warrant that the Site or its Services will be uninterrupted, timely or error-free and that the Site will meet your requirements, that defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs or other malicious software, the full functionality, accuracy, reliability of the Site, the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. She will not be responsible nor liable to you for any loss of content or material of any kind uploaded or transmitted through the Site.

To the fullest extent permissible under applicable law, she disclaims any and all warranties of any kind, whether express or implied, in relation to the tuition. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

20. Limitation of Liabilities

You agree that, to the fullest permissible extent of any Law in each applicable jurisdiction, S W-R, her affiliates, agents, contractors, service providers, interns, suppliers or licensors shall be not liable, in contract, pre-contract, tort (including, without limitation, negligence), breach of contract, or other representations, for any injury to your person or damage to your property, or to any persons related or affiliated with you or their property, financial losses, including but not limited to, lost income, profits or revenue, lost savings, contracts, business, loss of data, replacement costs of any kind, or any similar losses, (all whether actual or anticipated), loss of goodwill, reputation or other intangible losses, wasted management or office time, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, however arising, resulting from, or occurring in connection with the use or inability to use any or all of the Services or by using the Site, or for any other claim otherwise related to the use of the Service, or in connection with the provisions of any matter under these Terms. This includes but is not limited to any errors, mistakes, inaccuracies or omissions in any content (written word or imagery), transmitted, published, or otherwise made available via the Service, even if S W-R has been advised of their possibility.

Her liability does not exclude or limit in any way:

fraud or fraudulent misrepresentation;
death or personal injury caused by her negligence or the negligence of her employees, agents or subcontractors.

21. Exclusions and Limitations

In such jurisdictions, where the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages are disallowed, the liability is limited to the fullest extent of the applicable law.

22. Waiver

No waiver presented shall in no way represent a waiver of any proceeding or succeeding breach of any provision of these Terms.

23. Indemnification

You agree fully to indemnify, defend and hold S W-R harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach or violation of these Terms, or any wrongful, negligent and/or unlawful activities by you, or any other liabilities arising out of your use of this Site or by attending tuition, or the use by any other person(s) accessing the Site using your Personal Information.

24. Severance

Should any part or parts of the Terms be deemed unlawful, void or unenforceable, such a portion of the Terms shall be deemed severed from the remainder of the Terms. Such a determination does not affect the validity or enforceability of any other remaining provisions of the Terms, which shall remain in force without exception.

Each provision of the Terms shall be construed as separately applying and surviving in any circumstances, even if for any reason one or more of the other provisions is deemed inapplicable or unenforceable.

25. Entire Agreement

These Terms and any policies or rules presented by S W-R here regarding this Site or any aspect of the Service constitute the entire agreement between S W-R and the User/Student. These Terms overrule any previous, alternative or contemporaneous versions or any other separate agreements, as well as any agreements or agreement modifications proposed by the User/Student, whether orally or in writing, and govern the User’s use of the Site and the Service.

26. Governing Law

This entire agreement and any other agreements entered into separately, shall be governed by the Laws of England, and you submit wholly to the exclusive jurisdiction of the courts of England.

27. Changes to Terms and Conditions

S W-R reserves the right to change, update, modify or terminate these Terms at any time without prior notice. All changes to these Terms shall be posted here, and it is the responsibility of the individual User/Student to keep up to date and inform themselves of any such changes and updates, replacements and modifications. The current version can be reviewed on this page. Any new features, tools or facilities on the site shall be subject to these Terms, and your continued use of the Site and Services shall constitute your acceptance of such modifications and changes. S W-R shall not be liable to you for any of the above mentioned actions.

Sara Wallander-Ross, soprano

© Sara Wallander-Ross 2013 - 2024.