The CBY Academy of Performing Arts

MEMBERSHIP TERMS AND CONDITIONS

(Updated May 2023)

This agreement has been developed to define the terms and conditions of registering with The CBY Academy of Performing Arts Ltd, doing business as CBY Music and Performing Arts, Waterdown. New registrants are required to read this agreement fully and provide confirmation of acceptance when registering. Your acceptance of this agreement serves as an understanding of the mutually beneficial relationship between yourself and CBY and it is understood that all terms will be upheld as outlined.

  1. GENERAL DETAILS
    1. CBY Music & Performing Arts is a private performing arts academy that provides performing arts education and opportunities to registered students.
    2. Our opening hours are Monday to Friday 3:30pm-9:30pm, 9am-5pm on Saturdays and 12pm-5pm on Sundays.
    3. Our email address is info@cbymusic.com and our phone number is (905) 320-3223.
    4. Our studio is located at 21 Mill St N, Waterdown for in-person sessions and we also deliver a selection of lessons virtually.
    5. We reserve the right to amend this agreement at any given time. In this instance, we will notify you of changes made.
  2. FEES AND PAYMENTS
    1. Our base rate ranges from $25 to $35 for a 30 minute private lesson. We can also offer 60 minute lessons in some circumstances.
    2. Payments are made in equal amounts each month throughout the year and are automatically collected from your payment method on the 22nd of each month. 
    3. Monthly tuition fees are based on the number of weeks in the year and exclude statutory vacation dates.
    4. You can pay using the following methods:
      • Credit card (transaction fee applies)
      • EFT (aka pre-authorized debit agreement or ACH)
    5. If you are unable to pay tuition for the forthcoming month or wish to make a one-off, manual payment by way of eTransfer or cheque, please contact us before the end of the month to discuss your specific situation.
  3. STATUTORY VACATIONS
    1. The studio is closed for the following dates:
      • Labour Day
      • Thanksgiving weekend (Saturday, Sunday and Monday)
      • Halloween (if on a weeknight)
      • Christmas & New Year’s (2 weeks in December)
      • Family Day (Monday only)
      • March Break (1 week)
      • Easter weekend (Good Friday, Saturday, Easter Sunday & Monday)
      • Victoria Day Weekend (Saturday, Sunday and Monday)
      • Canada Day
      • August Civic Holiday
  4. STUDENT REGISTRATION
    1. We invite all prospective students to attend a drop in lesson for their class of choice. A drop in lesson is defined as a one-off, paid lesson at CBY with no commitment to continue. 
    2. Our drop in fee is $35.
    3. You can book a drop in lesson on our website. Our admissions team will email you a link to the drop in booking page once you have confirmed you wish to book a drop in lesson.
    4. After the drop in lesson, please let us know if you wish to continue with full membership. If we do not hear from you within 24 hours of the drop in lesson, our admissions team will reach out to you.
    5. If you confirm that you wish to continue with weekly lessons, our admissions team will send you a link to our membership registration form. You will be required to fill out the form in its entirety. 
    6. Upon submitting this form, you will be redirected to our members portal login page, where you will need to register an account using your email address. You will receive a password setup email upon submitting this registration. Once you have clicked this link and setup your password, you will be able to login to our members portal and purchase your lesson subscription. 
    7. Only after the the purchase of a subscription do you become a full member at the CBY Academy.
  5. USE OF YOUR PERSONAL DATA
    1. When you submit our registration form, we store your personal data in our secure studio database.
    2. We use this data to communicate with you and to be aware of any personal circumstances that may be important for us to know.
    3. Your personal data is never shared with any third party and never scrutinized by anyone outside the studio.
    4. Credit card information is stored securely and is only used to collect recurring payments. Only you can see your credit card information. We use the latest in SSL encryption and security as required by our financial partners.
    5. Please read our full Privacy Policy.
  6. TERMINATION OF MEMBERSHIP
    1. If you wish to terminate your registration, you agree to provide 4 (four) weeks notice.
  7. EXPECTATIONS OF THE STUDENT
    1. Registered students of The CBY Academy of Performing Arts agree to attend their lessons prepared with any necessary materials and resources. These can include:
      • Music and theory books.
      • Sheet music.
      • Instruments.
      • Dance wear.
      • A second device for backing track playback and access to our online portal (applicable for all online lessons).
      • Note-taking tools, such as notebook and pencil, tablet, laptop, cell phone etc.
    2. We expect that students:
      • Will follow instructions during lesson time.
      • Display, to the best of their ability, motivation, enthusiasm and a willingness to learn.
      • Complete assigned homework each week in order to progress in the next lesson.
      • Practice for a minimum of 30 minutes every day in order to progress in the next lesson.
      • Follow all outlined COVID protocols (see section 2).
  8. GUARANTEES OF THE TEACHER
    1. We guarantee to you that your lessons will consistently be delivered with enthusiasm, professionalism, energy, agility and dependable guidance.
    2. We guarantee to make available to you opportunities that can enhance your music education with us. These include, but are not limited to, music festivals, RCM exams, auditions, masterclasses, competitions, agent showcases, musical productions, community performances and concerts.
    3. We guarantee that your music education will be underpinned by the latest pedagogical theories and applications and that all CBY staff will engage in continued professional development and opportunities.
  9. MISSED LESSONS AND CANCELLATIONS
    1. In the event that a student is absent from a lesson and provides CBY with 24 hours or more notice of said absence (an “authorized absence”), then the lesson will be delivered in one of the following ways:
      • An asynchronous video lesson, hosted and filmed by a CBY teacher, available to watch by the student on their portal account.
      • A physical make-up lesson at the studio or online at a later time.
    2. It is at the discretion of the teacher as to which method of delivery is used.
    3. In the event that a student is absent from a lesson and provides CBY with less than 24 hours notice of said absence (an “unauthorized absence”), then the lesson is forfeited and no make-up lesson or asynchronous video will be offered.
    4. If an absence occurs because of a true emergency, please let us know asap and we will do our best to accommodate
    5. In the case of teacher cancellation, the lesson will be made up in person or online at a time agreed upon by both teacher and parent/student.
    6. We do not offer refunds for missed or cancelled lessons under any circumstances. 
    7. We do not offer a makeup policy for group programs. If a student is unable to attend their group program, the class goes ahead as per usual. 
  10. SECURITY MEASURES
    1. We take the safety of our students and staff very seriously. For everyone’s protection, we have installed the following security measures:
      • Each room at the CBY academy is monitored by CCTV cameras. 
      • Video and audio are captured at all times and stored securely on our internal server.
      • In accordance with the ‘one-party consent rule’, as outlined in section 184 of the Canadian criminal code, by accepting this agreement, you consent to the recording of any and all audio, including but not limited to in-lesson dialogue, social conversations and rehearsals, that take place within the CBY premises via our CCTV cameras. Such audio recordings are only scrutinized in the event of a necessary investigation and otherwise stored securely on our internal servers.
      • The main entrance to the studio (located at the foot of our lobby staircase) is locked from the outside at all times. Access cannot be gained without an access card. All staff, some select parents and some senior students carry access cards. 
      • Digital interaction between staff and parents/students via CBY email accounts, file sharing and portal activity is monitored and archived.
  11. STAFF-PARENT-STUDENT COMMUNICATION
    1. It is prohibited at all times for a parent/student to contact a personal line of communication belonging to a CBY teacher.
    2. It is prohibited at all times for a CBY teacher to communicate with a parent/student using a personal line of communication.
    3. For clarity, a personal line of communication includes, but is not limited to, personal cell phone number, email address, social media account, online messaging service such as Whatsapp or Facebook Messenger etc.
    4. If communication is carried out using personal lines, it will result in an immediate investigation by the academy leadership and may result in the expulsion of the student or disciplinary action being taken against the teacher up to and including dismissal.
    5. Staff-parent-student communication should only be conducted using an approved CBY line of communication. This includes:
      • Emailing our general address at info@cbymusic.com
      • Texting or calling the studio number at 905-320-3223
      • Emailing your teacher at their CBY email address.
  12. CLOSURES
    1. We reserve the right to close the studio in the event of emergencies including medical, technical and force majeure conditions.
    2. We will provide as much notice as possible if we take the decision to close the studio.
    3. Last-minute closures will be communicated via text / phone call / email / social media.
    4. In the event that we need to close the physical studio due to COVID-19 isolation directives, all group classes and private lessons will continue virtually and be subject to all previous terms of this agreement.
  13. COVID-19 PROTOCOLS AND POLICIES
    1. What we are doing to keep you safe:
      • “Surgically Clean Air” brand air purifiers in both studio rooms, capable of 6 air changes per hour. Additional medical-grade air cleaners in every auxiliary room in the studio building.
      • Brand new HVAC installed during the recent studio reno, complete with a MERV- 13 filter.
      • All of our instructors are fully vaccinated against Covid-19.
      • Additional sanitization of high-touch surfaces throughout the studio and sanitization of shared instruments between each use.  
      • Contact tracing and full support of students who must stay home and isolate via online instruction.
      • Expectation that the Ontario School Screening Tool is utilized every time a student attends our facilities.
      • Support for masking: masking for private lessons at the student or teachers’ request.  Inclusive environment for mask- wearing in groups.
      • In the event that Public Health or the Ontario Government determines we must move online, we are fully equipped to do so. All classes and lessons will continue via virtual lessons on myCBY and return to in-person as soon as our PHU/Ontario Government determines it is allowed. We have 18 months of practice in delivering online lessons, so we can ensure that it will still be a productive, enriching experience.
    2. What we expect from you:
      • N95 (or equivalent) masks when requested by the teacher, or if someone you live with is currently experiencing symptoms of Covid-19, or if you have had direct recent exposure to Covid-19.  A student may also request a private lesson teacher wear a mask, and that request will be honoured.  
  14. ONTARIO SCREENING GUIDELINES
    1. Symptoms
      • Do not enter the studio if you are experiencing any of the following symptoms:
        • Fever and/ or chills (temp of 37.8C or higher)
        • Cough or barking cough (croup)
        • Whistling noise when breathing (not related to asthma or other known conditions)
        • Shortness of breath/ out of breath/ unable to breathe deeply (not related to asthma or other known conditions)
        • Decrease or loss of taste or smell
        • Sore throat or difficulty swallowing 
        • Runny or stuffy/ congested nose (not related to seasonal allergies or being outside in the cold)
        • Headache (unusual, long-lasting, not chronic migraines or other known conditions)
        • Nausea, vomiting or diarrhea (not related to IBS, anxiety, menstruation, or known conditions)
        • Extreme tiredness or muscle aches, unusual fatigue, lack of energy (not related to known conditions)
  15. CONTACTS
    1. Do not enter if you live with or were are close contact of someone who is currently experiencing any new Covid-19 symptoms, or is awaiting test results after experiencing symptoms.  If you are fully vaccinated and have passed the screening tool, you may enter as long as you are wearing a well-fitted n95 mask for the duration of your lesson.  In this case, only the student may be in the waiting area (no other members of the household may enter).
    2. Do not enter if a family member or close contact has a confirmed, active case of Covid-19. You may take your lesson online in this instance.
    3. Do not enter if a health care provider, doctor, or public health unit has told you you should currently be isolating (staying at home).
  16. ASSUMPTION OF THE RISK AND WAIVER LIABILITY RELATING TO CORONAVIRUS / COVID-19
    1. CBY Music and Performing Arts has put in place measures to reduce the spread of Covid-19, including the use of medical-grade air purifiers, support for masking, increased sanitization, vaccination of staff and Covid-19 screening.

      However, CBY Music and Performing Arts cannot guarantee that you or your child(ren) will not become infected with COVID- 19 as a result of participating in our programs.

      By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that myself, my child(ren), and my family may be exposed to or infected by COVID- 19 by attending CBY Music and Performing Arts, and that such exposure may result in personal injury, illness, permanent disability and death.  

      I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), myself or my family, (including but not limited to personal injury, disability and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my child(ren) or my family may experience or incur in connection with myself or my child(ren)’s attendance at CBY Music and Performing Arts or participation in CBY Music and Performing Arts Programming.

      On my behalf, and on behalf of my child(ren) and family, I hereby release, covenant not to sue, discharge, and hold harmless CBY Music and Performing Arts, its staff, volunteers, agents and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.  I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of CBY Music and Performing Arts, its staff, volunteers, agents, representatives and participants, whether a COVID- 19 infection occurs before, during or after participation in any CBY Music and Performing Arts program.

      I have received a copy of the CBY Music and Performing Arts policies and will take the responsibility to carefully read and follow the rules and policies therein.  I understand that my own/ my child(ren)’s adherence to the expectations outlined in the policy are critical in minimizing the risk of COVID-19 exposure/ infection at CBY Music and Performing Arts, and I accept the personal responsibility to meet these expectations every single time I/ my child(ren) attend CBY Music and Performing Arts activities in person.  

  17. MEDICAL RELEASE
    1. For the purposes of this release of liability and waiver, “I/we” refers to the student and parent/guardian of the student, if the student is under 18 years of age upon registration.
    2. I/we realize that participation in music, dance, and acting classes and activities could involve some possible personal injury. Despite precautions being taken by the studio, accidents and injuries may occur. By signing this release form, I/we voluntarily assume all risks related to the use of any and all spaces used by CBY Music and Performing Arts and participation in CBY Music and Performing Arts activities. 
    3. I/we agree to release from responsibility CBY Music and Performing Arts, including all teachers, students, staff members, and facilities used by all entities from any cause of action, claims, or demands now and in the future. I/we will not hold CBY Music and Performing Arts liable for any personal injury or any personal property damage/loss, which may occur on the premises before, during or after classes.
    4. Furthermore, I/we agree to obey the class and facility rules and take full responsibility for my/our behaviour in addition to any damage I/we may cause to the facilities utilized by CBY Music and Performing Arts.
    5. In case of emergency, if the parent/ guardian is not immediately available, I/ we hereby authorize the administration of any medical procedure deemed necessary by the attending physician and/ or other medical staff and/ or first aiders attending to my child’s care.  I also give permission for my child to be transported to a physician’s office, urgent care centre or hospital with no liability on the driver’s part.  I understand and assume the costs of an ambulance should one be required to transport my child to the hospital.
    6. I have received a copy of the CBY Music and Performing Arts policies, including Covid- 19 policies, and will take the responsibility to carefully read and follow the rules and policies therein.

You can accept these terms and conditions by checking the “accept” box on your member registration form.