THE CHOIR LTD Terms and Conditions January 2018

1.             INTRODUCTION

1.1          These membership terms and conditions (agreement) set out the terms and conditions of your membership of The Choir Ltd (“The Choir”) (we, us or our). It describes your and our respective rights and obligations in relation to your membership.

1.2          We may change the terms of this agreement at any time by posting details of the change on the member page of our website at www.thechoir.co.nz, or by sending an email to you advising you of the change.  By continuing to be a member of The Choir, you will be bound by the amended terms.

1.3          If the terms of this agreement differ from anything that you may have been told, the terms of this agreement will apply unless you receive written confirmation from us otherwise.

2.             MEMBERSHIP

2.1          You must be at least [16] to join as a member of The Choir on your own. If you are under [16], a parent or guardian must complete your application form for you.

2.2          To become a member, you must complete your registration details on the member registration page, click on “Register” and pay the applicable membership fee for the term on or before the due date for payment notified to you.

2.3          You will become a member once we notify you in writing that you are a member.

2.4          You may cancel your membership before the commencement of any membership term, provided that you inform us in writing that you wish to cancel your membership. We will then cancel your agreement and refund your membership fee. You may not cancel your membership after the commencement of any term other than in exceptional circumstances, and in this case, any refund of your membership fee will be made at our sole discretion.

2.5          You will cease to be a member if you fail to pay your membership fee by the due date for payment or if this agreement is terminated in accordance with its terms.

3.             MEMBERSHIP FEES

3.1          When your membership is due to end, you can renew it by paying the membership fees for the next term on or before the due date for payment. If you do not pay your membership fees on or before that date, you will cease to be a member.

3.2          Unless expressly set out in this agreement, we will not refund any membership fees to you once these have been paid. In particular, refunds will not be made for non-attendance at rehearsals or performances.

3.3          We may increase your membership fees at any time with effect from the start of any term. We will inform you about any fee increases on our website or by email at least 2 weeks in advance of any such increase.

3.4          Our membership fee includes goods and services tax (GST). Any increase in GST may increase your membership fee.

3.5          If we accept late payment of your membership fee, we may charge you an administration charge in addition to your membership fee. In this case, you will need to pay the full fee for the term even if you have missed any rehearsals (unless we agree in writing otherwise).

4.             YOUR RIGHTS

4.1          As a member, and subject to compliance with the terms of this agreement, you will be entitled to join the choir that you chose to become a member of and attend your choir’s rehearsals and performances. Please check that you have a choir in your vicinity before you pay your membership fee.

4.2          You acknowledge and agree that the quality and popularity of our choirs and their public performances rely on our members attending choir rehearsals and performances. Therefore, once you join a choir, you agree that you will use reasonable endeavours to attend all the choir’s rehearsals and performances.

4.3          If you are no longer able to attend your choir’s rehearsals and performances, please notify us at Mel@thechoir.co.nz as soon as reasonably possible after you become aware that you will no longer be able to attend them.

4.4          You may apply to us in writing at any time to transfer from your current choir to another choir. Any such transfer may only be made with our prior written consent. If we agree that you may transfer to another choir, this will not affect your membership or any membership fees that you have paid to us. If the membership fee of the choir you wish to transfer to is higher than the membership fee of the choir you are transferring from we may ask you to pay the difference between the fees prorated for the remainder of the term concerned. If the Membership fees are lower at the choir you are transferring to clause 3.2 applies.

5.             YOUR OBLIGATIONS

5.1          You must promptly notify us about anything that affects your membership such as any changes to your contact details including your postal address, email address, and phone number. To Mel@thechoir.co.nz.

5.2          You must also inform us of any medical condition which may affect you singing in a choir, and of which we should reasonably be aware. In particular, you will notify us if you have limited mobility, or of any infection or illness which may be contagious and put other members at risk.

5.3          You will behave at all times in an appropriate and respectful manner to your choir leader, and to other members and people. In particular, you will not:

(a)           behave in an offensive, harmful, loud or unruly manner (including by abusing, harassing or threatening any person);

(b)           disrupt any rehearsals and performances of your choir; or

(c)           damage the property of any other person or any premises at which your choir is rehearsing or performing.

5.4          You will follow the directions and instructions of your choir leader at all times during rehearsals and performances.

5.5          We will notify you of any special clothing requirements for performances, and you acknowledge and agree that you may need to purchase special clothing at your expense in order to perform at the performance. 

6.             OUR RIGHTS AND OBLIGATIONS

6.1          We will provide our services under this agreement with all due skill and care.

6.2          We will endeavour to ensure that the same choir leader is available for your choir throughout any term. However, we reserve the right to change your current choir leader if your choir leader is unable to lead a rehearsal or performance or is unable to continue as the choir leader for any reason.

6.3          We may cancel any choir if we determine, at our sole discretion, that insufficient members have joined the choir. In this case, we will notify you of the cancellation and fully refund your membership fee, the refund will be calculated as a prorate of the number of rehearsals cancelled compared to the number expected in the term concerned.

6.4          You acknowledge and agree that we may need to cancel any rehearsal or performance, for example in the case of adverse weather conditions or the lack of a choir leader or substitute. In this case, we will endeavour to make arrangements to run a replacement rehearsal and performance during or after the term, but no refund will be given to you in these circumstances.

6.5          If we need to change the location of any rehearsal or performance of your choir, we will notify you in advance of the change by email or on our members page of the website.

6.6          We reserve the right to refuse to accept your application to become a member. If we refuse your application, we do not need to notify you of the reasons for the refusal.

6.7          Broadly speaking, the lengths of our terms will reflect the corresponding academic terms and will be around 9 to 11 weeks in duration. Notwithstanding this, we reserve the right to vary our term lengths at our sole discretion.

6.8          We reserve the right to immediately terminate this agreement, by giving written notice to you of termination, if you breach this agreement. In this case, you will cease to be a member and will no longer attend rehearsals and performances of your choir. In this case, any refund of your membership fee will be made at our sole secretion.

7.             LIABILITY

7.1          We will not be liable:

(a)           for any loss or damage to your personal property (excluding where such loss or damage is due to our negligence) and you acknowledge and agree that you bring in your personal property at your own risk;

(b)           for any loss or damage to you or your personal property which has been caused by a third party who is not connected with our services and facilities that we provide to you under this agreement; or

(c)           for any loss or damage to you or your personal property which has been caused by events that are beyond our control and which could not have reasonably been foreseen or prevented.

7.2          Neither you nor we will be liable to the other for any consequential or indirect losses.

8.             MATERIALS

8.1          You acknowledge and agree that we or our licensors own all intellectual property rights in and to any materials, concepts or arrangements that we provide or make available to you in connection with your membership (Materials). Nothing in this agreement has the effect of transferring any of these intellectual property rights to you or any other person. You will not challenge the ownership of us or our licensors (as applicable) of these intellectual property rights.

8.2          We grant to you a non-exclusive, non-transferable license to use any Materials during the Term solely for the purpose of performing with your choir in rehearsals and performances or otherwise to practise your singing for rehearsals and performances.

8.3          You will not copy, sell or otherwise make available to any person any Materials which we provide to you from time to time, except that you may make them available to another member of your choir with our prior approval.

8.4          We reserve the right to charge a fee for the use of the Materials.

8.5          No Materials will be made available to you until you are a member and have paid your membership fee.

8.6          You will safeguard the Materials at all times, and if they have been provided to you in physical form, you will return the Materials to us at the end of the relevant term in the same condition as which they were provided to you (fair wear and tear excluded).

9.             PRIVACY

9.1          Upon registration and during each term, you will provide us with and we will collect and hold, your personal information. We will only collect, use, store and disclose your personal information in accordance with our privacy policy which can be found on our website www.thechoir.co.nz.

9.2          By becoming a member, you acknowledge and agree that:

(a)           we may from time to time film, video, photograph or record your choir during rehearsals or performances for our own business purposes;

(b)           your image may appear in any such film, video, photograph or recording; and

(c)           you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty-free, worldwide license to use your image in any such film, video, photograph or recording for the purposes described in clause 9.2(a) above.

9.3          You are permitted to film, video, photograph or record your choir with our and your choir’s prior written approval, and provided that this is only used for personal and not for commercial purposes, does not contain any defamatory material, and does not infringe any other person’s intellectual property or other proprietary rights. In particular, you will not be able to sell, license or otherwise obtain any commercial gain from any such film, video, photograph or recording without our prior written approval.

10.          COMPLAINTS

10.1        If you have a complaint regarding our services, or have any concerns or issues that you want to raise, you should e mail with details of your complaint to Mel@thechoir.co.nz.