Terms and Conditions

Terms and Conditions for Milwaukee Avenue Music

These Terms and Conditions ("Agreement") govern your use of the pianos and music lesson services provided by Milwaukee Avenue Music which is owned and operated by Absurdity LLC. By enrolling in lessons and using our premises, you agree to comply with these terms. Please read this Agreement carefully before participating in any lessons or activities at Milwaukee Avenue Music.

Section 1 - Indemnification:

1.1. By participating in piano and music lessons at Milwaukee Avenue Music, you acknowledge and agree that Absurdity LLC, Milwaukee Avenue Music, its employees, instructors, contractors, agents, and representatives shall not be held liable for any personal injury, loss, or damage incurred as a result of taking lessons or injuries sustained while on the premises, unless caused by the gross negligence or willful misconduct of Absurdity LLC or Milwaukee Avenue Music.

1.2. You hereby release and hold harmless Absurdity LLC, Milwaukee Avenue Music its employees, instructors, contractors, agents, and representatives from any claims, demands, causes of action, or liabilities arising out of or related to your participation in the lessons or use of the premises.

Section 2 - Arbitration:

2.1. Any dispute, controversy, or claim arising out of or relating to this Agreement, including its interpretation, performance, breach, termination, or validity, shall be resolved through binding arbitration.

2.2. The arbitration shall be conducted by a single arbitrator in accordance with the rules and procedures of the American Arbitration Association (AAA). The decision of the arbitrator shall be final and binding on all parties involved.

2.3. Both parties agree to waive their right to participate in any class action lawsuit or class-wide arbitration.

Section 3 – Lesson Cancellations:

3.1. Required Notice: The required notice to cancel an individual lesson is two (2) hours prior to the lesson time.

3.2. Non-Emergency Cancellation by Student or Parent of Student: Students or Parents of Students who wish to cancel a lesson must provide the Required Notice. Required Notice is to be given to the instructor by phone, text message, or email.

3.2. Failure to Provide Required Notice:  Cancellations made without Required Notice will be considered a “No Show”.

3.3. A “No Show” is defined as:

 “A Student (or Parent of Student) failing to provide the Required Notice of Non-Emergency Cancellation and/or the absence of the student for the lesson during the reserved lesson time.”

3.4. Student No Show and No Show Fee: In the event of a Student No Show and when an instructor is present at the studio and awaiting the student’s arrival, if Required Notice has not been given by a Student or Parent of a Student:

The Student or Parent of the Student acknowledges and agrees they will remit a No Show Fee of fifteen dollars ($15.00) to the instructor to reimburse the instructor for their time. A No Show Fee can be waived at the discretion of the instructor that was responsible for conducting the lesson where in the student was a “No Show”.

3.5. Non-Emergency Cancellation by an Instructor: In the event of a Non-Emergency Cancellation by an instructor the instructor will offer the Student or Parent of a Student a partial refund of the subscription price. The Student or Parent of a Student may accept or decline the partial refund at their discretion. The value of the cancelled lesson will be valued with the following formula: Subscription Cost (C) divided by four 4 = Partial Refund [C / 4 = P].

3.5. Emergency Cancellation: An "Emergency Cancellation" is any cancellation caused by an Emergency Situation. Milwaukee Avenue Music considers events that cause unforeseen hospitalization, the sudden contraction of serious infectious disease or illness, car accidents, and sudden severe injuries as Emergency Situations ("Emergency", "Emergencies"). In the event of an Emergency that forces an Emergency Cancellation for any party ("Student" or "Instructor"), the party experiencing the Emergency must advise the other party as soon as is reasonable. If a lesson is forced into cancellation due to an Emergency, no party will pay a fee or be offered a partial refund as described in Sections 3.4 or 3.5. However, in the event of an Emergency Cancellation by an Instructor, other concessions may be made to a student or Parent of a Student to make them whole for the inconvenience, if requested by a Student or Parent of a Student.

3.6 Recurring Lesson Packages: Milwaukee Avenue Music provides a recurring lesson package as described in Section 5.4. The lesson package is automatically renewed each month through a payment processor. The payment processor may keep your payment details on file. Milwaukee Avenue Music does not keep your payment details on file. Those wishing to cancel their lesson package completely should email schedule@mkeavemusic.com 10 days prior to their expected renewal date to ensure the subscription is cancelled in a timely manner and to avoid further charges.
 

Section 4 - Refund Policy:

4.1. No refunds will be issued for Introductory Lessons because of a “No Show” (as described in Section 3.3) caused by a Student or the Parent of a Student. In the event of a valid Non-Emergency Cancellation a one-time rescheduling of the Introductory Lesson will occur and the Introductory Lesson will be rescheduled for the following week on the same day at the same time.

4.2. No refunds will be issued for Subscriptions in which a student fails to attend (“No Shows”) their lesson. A “No Show Fee” as described in Section 3.4. may be applied.

Section 5 - Lesson Duration and Content:

5.1. An Introductory Lesson at Milwaukee Avenue Music is 30 minutes long, all other lessons are 45 minutes long, unless otherwise specified.

5.2. No individual is entitled to or allowed to receive more than one (1) Introductory Lesson from Milwaukee Avenue Music. Individuals found subverting this policy by purchasing additional Introductory Lessons will have any additional Introductory Lessons cancelled and no refund will be issued.

5.3. Lessons may include any combination of music literacy, rhythm practice, student or instructor selected music piece practice, music notation, music theory, or composition/songwriting, as determined by the instructor based on their appraisal of the student's needs, level of proficiency and/or level of competency.

5.4. All lessons (apart from Introductory Lessons) are a part of a recurring monthly subscription with Milwaukee Avenue Music. All students with an active monthly subscription, in good standing, are entitled to no more than: four (4), forty-five minute (45 minute) lessons per calendar month.

Section 6 - Use of Equipment for Practice by Non-Students:

6.1. Milwaukee Avenue Music may, at its discretion, allow non-students to use the equipment on the premises for practice sessions upon prior arrangement.

6.2. Prior to and after each practice session by a non-student, the equipment will be inspected by the student and an instructor, contractor, staff member, or agent acting on behalf of Milwaukee Avenue Music. The purpose of this inspection is to assess the condition of the equipment and ensure that it is functioning properly.

6.3. Non-students who have purchased Practice Sessions to use the equipment for practice must adhere to the following conditions:

a) The non-student agrees to use the equipment responsibly and in accordance with any instructions or guidelines provided by Milwaukee Avenue Music staff, instructors, contractors or agents.

b) The non-student agrees to report any damage or malfunctions observed during the inspection to the instructor, contractor, or agent from Milwaukee Avenue Music immediately.

c) The non-student acknowledges that they will be liable for any damage caused to the equipment during their practice session, up to the full cost of replacing the damaged equipment.

d) The non-student agrees to abide by the Milwaukee Avenue Music Core Values.

6.4. Milwaukee Avenue Music reserves the right to deny or revoke permission for non-students to use the equipment at any time, without providing a reason.

6.5. If damage occurs to the equipment during a non-student's practice session:

a) The non-student must report the damage to an instructor, contractor, or agent from Milwaukee Avenue Music immediately.

b) The non-student shall be responsible for covering the cost of repair, replacement, and applicable shipping for the damaged equipment, up to the full replacement value.

6.6. Milwaukee Avenue Music and Absurdity LLC shall not be held liable for any injury, loss, or damage suffered by non-students on any real property rented or owned by Absurdity LLC or where Milwaukee Avenue Music operates. The non-student agrees to indemnify and hold harmless Absurdity LLC and Milwaukee Avenue Music, its employees, instructors, contractors, agents, and representatives from any claims, demands, causes of action, or liabilities arising out of or related to any injury, loss, or damage sustained by the non-student or any third party on such real property.

6.7. Milwaukee Avenue Music assumes no liability for any injury or damage suffered by non-students using the equipment during their practice session. The non-student agrees to indemnify and hold harmless Milwaukee Avenue Music, its employees, instructors, agents, and representatives from any claims, demands, causes of action, or liabilities arising out of or related to the use of the equipment.

6.8 By using the equipment for practice as a non-student at Milwaukee Avenue Music, you acknowledge and agree to comply with the conditions outlined in this section. Failure to adhere to these conditions may result in the revocation of permission to use the equipment and potential liability for any damage caused. Failure to adhere to these conditions may result in forfeiture of any monies rendered to Absurdity LLC and/or Milwaukee Avenue Music for practice time and use of equipment.

Please note that by participating in lessons at Milwaukee Avenue Music, you are indicating your acceptance of these Terms and Conditions. It is your responsibility to review and understand these terms before enrolling. Absurdity LLC and Milwaukee Avenue Music reserves the right to modify or update these terms at any time, and any such changes will be in writing through our website.

If you have any questions or concerns regarding these Terms and Conditions, please contact us at schedule@mkeavemusic.com.

Effective Date: Friday, July 28, 2024