Terms of Service

0. Definitions and Interpretation

0.1 Definitions

In these Terms of Service ("Terms"), unless the context requires otherwise, the following definitions apply:

• "Narellan Music Centre", "we", "us", "our": Refers to the business operating under the name Narellan Music Centre at 4B/26 Somerset Avenue, Narellan, NSW 2567, including its owners, successors, and assigns.
• "Client", "you", "your": Refers to any person enrolling in lessons or therapy sessions, including the parent or legal guardian of a student under 18.
• "Parent/Guardian": A person legally responsible for a minor enrolled as a Student.
• "Teacher": An independent third party (not our employee, agent, partner, or contractor) engaged directly by the Client to deliver music education or therapy. Teachers carry their own insurances, liabilities, taxes and superannuation, set their own lesson rates, and determine lesson plans and methods.
• "Therapist": Refers to any independent allied health professional delivering therapeutic services; Therapists are independent third parties on the same basis as Teachers.
• "Student": Refers to the individual participating in lessons or therapy.
• "Lesson": Any session of music tuition or therapy, whether private or group, delivered onsite or remotely.
• "Instructional Services": The instruction, education or therapy provided by independent Teachers/Therapists to Clients/Students. NMC is not a party to Instructional Services.
• "NMC Services": The administrative, scheduling, billing, technology/platform and facilities services provided by NMC to Clients (including access to studios and the Client/Teacher portal).
• "Booking": Any confirmed enrolment in a Service, including term-based or casual sessions.
• "Term": For Clients paying "by the Term", the billing period published by NMC each year, which includes school holidays unless expressly stated otherwise in the annual schedule. Lessons continue through holidays; specific dates will be published annually.
• "Premises": Refers to the facility at 4B/26 Somerset Avenue, Narellan, NSW 2567 or any other location designated by us.
• "Contract": The binding agreement formed when a Client confirms a Booking, whether by enrolment, payment, attendance, or other conduct indicating assent.
• "Enrolment": The formal or informal commitment by the Client to engage Services for a specified Student or period.

0.2 Interpretation

These Terms are to be read in conjunction with any enrolment form, invoice, Privacy Policy, Code of Conduct, or Service-specific agreement issued by us. In the event of a conflict, the order of precedence is:

1. A written agreement signed by both parties (if any);
2. These Terms;
3. Enrolment form or digital booking confirmation;
4. Any other marketing or promotional material.

1. Application of Terms

1.1 These Terms apply to NMC Services and to your use of our platform for engaging independent Teachers/Therapists who provide Instructional Services.

1.2 By booking or attending any Lesson, the Client irrevocably agrees to be bound by these Terms. Where a Student is under 18, the Parent/Guardian shall be bound on the Student's behalf.

1.3 No employment, agency, partnership, or contractor relationship exists between Narellan Music Centre and any Teacher/Therapist. NMC is not a party to the contract between the Client and any Teacher/Therapist and does not engage, employ, manage, or control Teachers/Therapists.

1.4 These Terms may be updated from time to time and are effective upon publication on our website. Continued use of our Services constitutes acceptance of any updates.

2. Bookings, Payments and Cancellations

2.1 Bookings

2.1.1 Clients may enrol on a term basis or book week-to-week, subject to availability.

2.1.2 Bookings are not confirmed until payment is received or a valid direct debit mandate is established via our nominated payment platform(s).

2.1.3 Bookings are non-transferrable unless otherwise agreed in writing.

2.1.4 Bookings are assumed to be ongoing on the same day/time weekly, indefinitely, and will continue to roll over until cancelled by the Client or by us in accordance with these Terms.

2.2 Fees and Invoicing

2.2.1 Fees are published on our website or provided on request.

2.2.2 Payments are made in advance to secure your place. For private lessons, payments may be made by the Term or weekly via direct debit. For group lessons, Term payments are required.

2.2.3 All prices include GST unless stated otherwise. Client invoices may include (i) the Teacher's lesson fee as set by the Teacher and (ii) NMC's administrative/facilities charges. NMC's charges are for NMC's own services and are separate from the Teacher's fee.

2.2.4 We reserve the right to adjust pricing with 14 days' notice.

2.2.5 No refunds or pro-rata credits are provided for missed or unused lessons except where required by law.

2.3 Direct Debit and Payment Methods

2.3.1 Clients authorise us to debit fees via our nominated payment platform(s) for ongoing services.

2.3.2 Failed payments may incur an administrative fee of $15 per transaction.

2.3.3 Overdue accounts may accrue interest at 8% per month and may be subject to legal recovery.

2.3.4 We may suspend Services immediately for non-payment.

2.4 Attendance, Cancellations and Make-Up Lessons

2.4.1 Weekly attendance is expected to support steady progress. Lessons are booked for a specific time and day and are not rescheduled if missed by the Client.

2.4.2 If you notify us at least 7 days in advance that you will be absent, you will not be charged for that lesson.

2.4.3 If you are absent with less than 7 days' notice, the lesson fee remains payable, and lesson content/resources will be provided in lieu of attendance.

2.4.4 Lessons continue during public holidays and school holidays. We may operate on a condensed schedule during holiday periods; please notify us in advance if you will not attend. In exceptional circumstances, we may, at our discretion, offer a credit or reschedule.

2.4.5 If a lesson is cancelled due to Teacher absence, a make-up lesson will be provided or a credit applied; make-ups can be booked via the student portal, subject to availability.

2.4.5A Group lessons may not continue during school holiday periods unless a minimum of three (3) enrolled students confirm attendance for the session or period. If fewer than three students elect to continue, the group lesson will pause until the next Term, and any prepayments will be held as credit toward future lessons.

2.4.6 Repeated absences may result in cancellation of enrolment at our discretion.

3. Teachers and Service Delivery

3.1 Independence and no NMC engagement. Teachers/Therapists are independent third parties and are not employees, agents, partners, or contractors of NMC. NMC does not engage or employ Teachers/Therapists, does not withhold tax or pay superannuation, and assumes no liability for their acts or omissions.

3.2 Separate Teacher-Client contract. The service contract exists between the Teacher/Therapist and the Client. NMC's role is limited to facilitating bookings, administration, invoicing, and provision of facilities/technology to Clients. NMC is not a party to the instruction or therapy service and does not supervise, direct, or control lesson content or methods.

3.3 Teacher autonomy (examples, non-exhaustive). Teachers/Therapists may, via our platform and subject to applicable law and privacy settings:

• Set their own lesson wage/rate (the Client invoice may also include NMC's separate admin/facilities charges);
• Edit their own lessons/events and schedules;
• Take attendance and manage lesson notes;
• View their own payment reports (e.g., remittances/"payroll" reporting related to their fees);
• Access student/parent contact information and relevant profile attachments required to deliver the service;
• Add/edit/delete online resources for their students;
• View other teachers' schedules for resource/room coordination (noting this does not create any NMC control or interdependence).

3.4 Teacher responsibility. Teachers/Therapists are solely responsible for lesson plans, pedagogy, professional standards, insurances (including public liability and, where applicable, professional indemnity), registrations, taxes and superannuation.

3.5 Clients acknowledge that NMC does not guarantee outcomes, pedagogy, or availability of any particular Teacher/Therapist and that all instruction/therapy is delivered independently by the Teacher/Therapist.

3.6 Clients must not hold Narellan Music Centre liable for any loss, damage, injury, or dispute arising from their engagement with a Teacher/Therapist.

4. Child Safety and Supervision

4.1 All Teachers/Therapists must provide evidence of a valid Working With Children Check (WWCC) and professional references.

4.2 Children under 12 must be dropped off and collected promptly. The Centre does not provide child-minding services outside scheduled Lesson times.

4.3 Parents or guardians are responsible for the supervision of children not engaged in a Lesson.

4.4 We reserve the right to remove any Student from the Premises for misconduct, illness, or inappropriate behaviour.

5. Therapy Services and NDIS Participants

5.1 Narellan Music Centre facilitates music therapy services but does not itself deliver therapy. Each therapist is a registered allied health professional operating independently.

5.2 Clients engaging NDIS-funded sessions are responsible for their own compliance with the NDIS Service Agreement and Plan requirements.

5.3 The Centre makes no representation or warranty regarding NDIS eligibility, funding approvals, plan management, or audit compliance.

5.4 The Centre disclaims all liability for therapeutic outcomes or compliance breaches by individual therapists.

6. Intellectual Property and Materials

6.1 All lesson materials, content, recordings, and formats provided by Narellan Music Centre or Teachers/Therapists remain their intellectual property.

6.2 Clients must not reproduce, distribute, adapt, or use any such materials outside the scope of the Lesson without written permission.

6.3 Continued use of materials following withdrawal from Services is prohibited.

7. Media Consent

7.1 Separate consent form. In addition to these Terms, a separate Media Consent Form must be signed by the Client (Parent/Guardian for Students under 18) before we use a Student's image, video or audio for promotional purposes.

7.2 Scope and withdrawal.

• Consent remains valid until withdrawn in writing.
• You may withdraw consent at any time by emailing or calling us; withdrawal operates prospectively and does not require removal of materials already produced, printed, or published prior to withdrawal, although we will take reasonable steps to remove content that is within our control from our own digital channels.
• We cannot guarantee removal of materials outside our control (e.g., third-party reposts or printed collateral in circulation).

7.3 Safeguards and usage.

• Under Australian privacy law, the Parent/Guardian may provide consent on behalf of a child under 18.
• No payment or compensation will be provided for use of images.
• A child's full name will never be published with their image.
• Images may be edited, cropped, or enhanced for quality.
• We will not use images in any way that could be considered inappropriate or harmful.
• All images and related media captured by or for NMC remain the property of NMC (or are used under licence).

8. Booking Integrity and Teacher Engagement

8.1 While enrolled through Narellan Music Centre, all lessons and sessions with Teachers or Therapists introduced through NMC must be booked and paid through NMC.

8.2 Clients must not engage, schedule, or pay any NMC-introduced Teacher or Therapist privately outside of NMC during their enrolment. This protects the integrity of NMC's scheduling, administrative, and facility services.

8.3 After your enrolment ends, you are free to engage any teacher or service directly. NMC does not restrict your future choice of teacher once your account is finalised and all fees are settled.

8.4 If a Client breaches this clause while still enrolled, NMC may apply a reasonable administrative fee reflecting its genuine loss of administrative and facilities revenue for the affected booking. This fee is not a penalty.

9. Liability and Indemnity

9.1 Narellan Music Centre provides facilities, administration, scheduling and billing services only. It does not supervise, manage, or control individual Lessons or outcomes, and is not a party to the Teacher-Client instructional contract.

9.2 The Client agrees to:

• Release us from any claim arising from the conduct of a Teacher or Therapist;
• Indemnify us against any injury, loss, or damage caused by the Client or their Student;
• Be solely responsible for their property and personal safety on the Premises.

9.3 Narellan Music Centre is not liable for indirect, consequential, or incidental loss including loss of opportunity, reputation, or business interruption.

9.4 Our liability under any circumstances shall be limited to the total fees paid by the Client in the Term during which the claim arose for NMC's own administrative/facilities services.

10. Force Majeure

10.1 We are not liable for delays, cancellations, or performance issues caused by events outside our reasonable control, including illness, pandemics, floods, strikes, road closures, or technology outages.

11. Termination and Suspension

11.1 We may suspend or terminate a Client's enrolment without refund if:

• Behaviour is unsafe, disruptive, or breaches our Code of Conduct;
• Fees are unpaid for 14+ days;
• A Teacher no longer agrees to deliver Instructional Services to the Client. In this case, and unless termination is for a serious breach by the Client, we may (at the Client's request) re-start the booking process to attempt to allocate another Teacher, subject to availability.

11.2 Upon termination, the Client remains liable for any unpaid fees and must return any Centre-owned property or materials within 7 days.

12. Governing Law and Dispute Resolution

12.1 These Terms are governed by the laws of New South Wales, Australia.

12.2 Any disputes should first be raised in writing. Parties agree to attempt resolution via mediation within 30 days before pursuing legal action.

12.3 The jurisdiction for any legal proceedings shall be the courts of New South Wales.

12.4 Parties must continue to fulfil all non-disputed obligations during the dispute resolution process.

13. Contact Details

Narellan Music Centre
4B/26 Somerset Avenue
Narellan, NSW 2567
Email: hello@narellanmusiccentre.com.au
Phone: 0480 853 478
Website: narellanmusiccentre.com.au