In the sections below, we outline our Terms and Conditions that will apply to you for various services that you buy in to

Swindon Music Service reserves the right to review these terms from time to time, normally at the end of an academic year.  You will have the option to accept the revised terms or withdraw from future services/projects if we change our terms.  if we advise you of any material change to these terms to your detriment without giving sufficient notice to enable you to withdraw from the Agreement by the specified date, you wi not be required to pay a fee in lieu of notice in respect of the following term.

Schools Agreement - Terms and Conditions

           SMS shall:

• • • perform the Services with reasonable skill, care and diligence, and in accordance with this Agreed orders from the school
    • SMS shall use reasonable endeavours to meet any performance dates  but any such dates shall be estimates only and time for performance by SMS shall not be of the essence of this agreement.
    • SMS shall appoint a manager for the Services to be performed, and this person shall have authority to contractually bind SMS on all matters relating to the relevant Services (including approving any Change Orders);
    • observe all health and safety rules and regulations, safeguarding and security requirements and any other applicable policies or requirements specified by the school;
    • report to the school on the progress of the Services, as specified in order form that has been agreed.

    • The school shall:

      • not do anything to damage the reputation or operations of SMS. In particular, the school acknowledges SMS’s status as a registered charity and shall not do or omit to do anything or cause anything to happen that compromises, or, in the reasonable opinion of SMS, might compromise, the reputation of SMS or its relationship with its donors;
      • appoint a manager for the Services to be performed as agreed, and this person shall have authority to contractually bind the school on all matters relating to the relevant Services (including approving any Change Orders);
      • complete the Arts Council Annual Schools Data Return;
      • be responsible for the safekeeping of any musical instruments which are delivered by SMS to the school’s premises in order for SMS to carry out the Services (the “Musical Instruments”),
      • ensure that all Musical Instruments are returned to SMS at the completion of the Services,
      • notify SMS promptly in the event of any loss or damage to any of the Musical Instruments, while they are held on the school’s premises,
      • comply with the terms of the Agreement and any additional responsibilities of the schools as set out in the agreed services.

      • Charges and Due Dates for Payment

        • In consideration of the provision of the Services by SMS, the Purchaser shall pay the charges specified in the relevant Statement of Service (the “Charges”).
        • SMS shall set out the Charges in the Statement of Service.
        • SMS shall invoice the Purchaser for the Charges at the intervals specified in the Statement of Service. If no intervals are so specified, SMS shall invoice the Purchaser at the end of each month for Services performed during that month.
        • The Purchaser shall pay each invoice submitted to it by SMS within 30 days of receipt to a bank account nominated in writing by SMS from time to time.
        • Without prejudice to any other right or remedy that it may have, if the Purchaser fails to pay SMS any sum due under this Agreement on the due date:
          • the Purchaser shall pay interest on the overdue sum from the due date until payment of the overdue sum. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and
          • SMS may suspend part or all of the Services, under any Statement of Service, until the Purchaser has paid any sums which have become due under this Agreement in full.
        • All sums payable to SMS under this agreement are exclusive of VAT, and the Purchaser shall in addition pay an amount equal to any VAT chargeable on those sums on receipt of a VAT invoice.
• • Either party may propose changes to the scope or execution of the Services but no proposed changes shall come into effect until a relevant Change Order has been agreed by both parties. A Change Order shall be a document setting out the proposed changes and the effect that those changes will have on:
    • the Services;
    • the charges specified in the relevantAgreement;
    • the timetable for the Services; and
    • any of the other terms of the relevant agreement;
  • If SMS wishes to make a change to the Services it shall provide a draft Change Order to the Purchaser.
  • If the Purchaser wishes to make a change to the Services:
    • it shall notify SMS and provide as much detail as SMS reasonably requires of the proposed changes, including the timing of the proposed change; and
    • SMS shall, as soon as reasonably practicable after receiving the information, provide a draft Change Order to the school.
      

      If the Parties:

      • agree to a Change Order by email, Purchase Order shall amended; or
      • are unable to agree a Changed Order, either party may require the disagreement to be dealt with in accordance with the dispute resolution procedure.
  •  Intellectual Property Rights
  • For the purpose of this clause, “Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  • For the purpose of this clause, “SMS Materials” means any materials, including guidance, instructions and information leaflets, provided by the SMS to the school in the provision of the Services.
  • Nothing in this Agreement shall operate to transfer ownership of the SMS Materials. The SMS Materials are the exclusive property of SMS and must only be used for the purposes of the performance of the Services.
  • SMS hereby grants to the school a non-exclusive, royalty free licence to use the SMS Materials, for the duration of the Services which SMS is carrying out.
  • The school is not permitted to reproduce any SMS Materials or do anything else or permit anything to be done which would damage or endanger the SMS’s Intellectual Property Rights in SMS’s Materials.
  • Where Intellectual Property Rights are created, developed or produced under these T&Cs t to the Services being carried out under the agreed Service (the “Developed IP”), SMS shall be the owner of such Developed IP, irrespective of whether SMS has itself created, developed or produced the Developed IP, and the Purchaser hereby assigns all Intellectual Property Rights (if any) in such Developed IP to SMS.
  • Indemnities and limitation on Liability
  • Without prejudice to any rights or remedies of any Party, each Party shall indemnify the other Party against all liabilities, actions, suits, claims, demands, losses, charges, costs and expenses (limited to direct loss) which the other Party may suffer or incur as a result of or in connection with any breach of this Agreement by the first Party, damage to property or in respect of any injury to any person which may result directly from carrying out this Agreement or any wrongful act of the first Party.
  • The school shall be liable to SMS for any consequential loss or damages, including damage to SMS’s reputation and its relationship with its donors, whether arising from the schools’s negligence, breach of contract, or otherwise.
  • SMS shall not be liable to the school for any loss of business or profits, indirect or consequential loss or damages, including without limitation, whether arising from negligence, breach of contract or otherwise.
  • SMS’s total liability to the school, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the amount of the total charges made under all Statement of Services for the contract year in which the breaches occurred. The contract year is the 12-month period commencing with the date of this agreement or any anniversary of it.
  • Notwithstanding any other provision in these T&Cs neither party limits its liability for death or personal injury arising from its negligence or that of its employees, agents or subcontractors.
    

    Dispute Resolution

  • In the event of any complaint or dispute arising between the Parties in relation to the Agreed services the matter shall first be referred for resolution to the schools’s representative and SMS’s representative, and each Party agrees that it shall take not bring any legal proceedings in respect of such complaint or dispute until the further steps set out and have been exhausted by the Parties, acting at all times in good faith unless that Party’s right to issue proceedings would be lost by such a delay.
  • Should the complaint or dispute remain unresolved within fourteen (14) days of the matter first being referred, either Party may refer the matter to the Chief Executive Officer/Head teacher (or equivalent) of the school and to a director of SMS with an instruction to attempt to resolve the dispute by agreement within twenty eight (28) days, or such other period as may be agreed by the Parties.
    

    Termination

            Change to the Statement of Services

  • Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:
    • the other party commits a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
    • the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
    • a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party;
    • an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company)
    • a person becomes entitled to appoint a receiver over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party;
    • the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
  • SMS may terminate this Agreement immediately by written notice:
    • if the school behaves in a way which brings SMS into disrepute;
    • if the school fails to pay any amount under the agreement of services on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment.
  • Upon termination taking effect, as set out above:
    • The school shall pay SMS in full any outstanding charges for any Services which have been performed by SMS. Such charges shall include any amounts which SMS has irrevocably agreed to pay to its tutors  for services or goods to be provided in the future.
    • SMS shall following termination of this Agreed services, promptly provide an invoice for any outstanding fees for any Services carried out but not invoiced at the time of termination.
    • SMS shall, if so requested by the school, provide all assistance reasonably required by the school to facilitate the smooth transition of the Services to the school or any replacement supplier appointed by it.
    • Termination or expiry of the Agreed services shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreed services which existed at or before the date of termination or expiry.

    • Relationship of the Parties

10. • The Parties agree that the Services performed by SMS, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreed services shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties, and neither shall have any authority to bind the other Party in any way.
    • Confidentiality
    • Neither Party shall, during the period of this Agreed services or after its termination, disclose any of the insights, confidential information or any financial or operational information (together “Confidential Information”) relating to the other Party, any of its branches and groups in any manner whatsoever unless:
      • such Confidential Information has legitimately entered the public domain through no fault of either Party; or
      • the first Party is required to do so by law, provided that in such circumstances it uses reasonable endeavours prior to disclosing any Confidential Information to notify the other Party of such a requirement.
    • Upon termination of the Agreed services, all Confidential Information (whether in electronic format or paper copy) belonging to each Party shall be returned to the Party which owned such Confidential Information, or shall be securely destroyed.
      

      Data Privacy

    • For the purpose of this Agreement, “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK, including the General Data Protection Regulation 2016/679 and the Data Protection Act 2018.
    • Each Party shall comply with all of their obligations under Data Protection Legislation which arise in connection with the Agreed services, and with the provisions set out in Schedule 3 (Data Processing). This Clause does not remove or replace a Party’s obligations or rights under the Data Protection Legislation.
    • [The Purchaser shall indemnify and keep indemnified SMS against all actions, claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect of any breach by the Purchaser of this Clause 13.]
    • This Clause 13 shall survive termination of the Agreement.

    • Assignment

      • Neither party may assign, sub-contract or otherwise transfer all or any part of its rights under this Agreement without the prior written consent of the other Party.

14. Force Majeure
    • Force Majeure Event means any circumstance not within a party’s reasonable control, including, without limitation:
      • Acts of God, flood, drought, earthquake or other natural disaster;
      • Epidemic or pandemic, such as the COVID-19 outbreak;
      • terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
      • any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
      • collapse of buildings, fire, explosion or accident; and
      • any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause).

    • SMS:

      • If SMS is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event, SMS shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations.
      • If such delay or failure continues for 30 days or more, then either Party shall be entitled to terminate this agreement by notice in writing to the other.
      • Any failure or delay on SMS’s part  does not alter the school’s obligations under this Agreed services, and in particular its obligation to make payment of the Charges specified for the Services, until the agreement is terminated.

    • The school:

      • If the school is prevented, hindered or delayed in or from performing any of its obligations under this agreed servicest by a Force Majeure Event, and if such delay or failure continues for 7 days or more, then SMS shall be entitled to terminate this agreement.

      • Miscellaneous

        • A waiver of any right or remedy under the Agreed services or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy; and, the failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
        • If any part, term or provision of this Agreed services is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of the Agreement shall be affected.
        • This Agreed services may not be amended for any other reason without the prior written agreement of both Parties.
        • The Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about the Agreed services was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.

 

• These T&Cs does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
• The provision of clauses within this Agreement shall survive any termination or expiry of this Agreement.
• The Agreement is governed by the law of England and Wales which shall govern all claims, disputes or difference between the Parties arising out of or in connection with this Agreement. Any dispute under this Agreement shall, unless otherwise agreed by the Parties, be subject to the exclusive jurisdiction of the courts of England and Wales.

Terms and conditions for instrumental/vocal tuition in schools 

By applying for lessons with Swindon Music Service (SMS) you agree to the following terms and conditions as shown below.

For the purpose of this agreement a ‘term’ refers to a three term academic year: autumn, spring and summer.

Instrumental/vocal tuition in schools

• 30 lessons will be delivered per year
• Individual lessons are offered for 20 or 30 minutes duration
• Paired lessons are offered in groups of two students for 30 minutes duration
• SMS will decide the appropriate grouping of students, depending on the number of students requiring lessons, their standard of playing and compatibility of instrument
• SMS reserves the right to change teaching personnel, lesson times and groupings where necessary and will notify parents and schools of any changes to those lesson arrangements. We always work closely with the school to agree suitable lesson times
• Teaching will normally take place during the school day, but some tuition may take place before or after normal school hours, as well as during break and lunch times.

Cost of lessons

• Charges for lessons are set for the whole academic year.
• Costs of lessons are reviewed annually.

Missed lessons/refunds

It is the responsibility of the student to arrive on time for lessons. SMS will not refund missed lessons where:

• The student has failed to arrive for a lesson.
• The student is not available for any reason e.g. illness, school trip, appointment elsewhere, school closure for bad weather.
• SMS will make every effort to reschedule lessons where possible, but cannot guarantee to do so.

SMS will refund/re-schedule missed lessons where:

• The SMS tutor is unavailable.
• The school has an OFSTED inspection and does not wish teaching to take place.
• If a student is away from school for more than three consecutive weeks in a term due to a long-term illness, SMS will make every effort to refund up to one term of tuition fees. A doctor’s certificate will need to be supplied.
• Refunds will only be made at the end of the academic year, once the opportunity has been given to make up for missed lessons by the tutor.

Communication

• Our primary method of communication is by email

Cancellation of tuition

• We encourage your child to learn a musical instrument for at least a year but, if for any reason you wish to cancel your child’s lessons, notice must be provided direct to SMS via an email. Cancellation notifications should be sent to: lhawkins@smscio.co.uk
• We will be unable to accept cancellations via your child’s tutor or school
• All cancellation requests will be acknowledged within five working dates of receipt.

Payment terms

Fees must be paid termly in advance

Invoices will be issued via email and tuition will not commence until payment has been made.

Additional costs

• Students will need tutor books for their lessons. Parents/carers are responsible for purchasing books promptly at the request of the tutor. Other costs such as entry for examinations (which are not compulsory), will also be charged to the parent/carer.
• Instruments
• It is the responsibility of the parent/carer to provide an instrument for the lesson. Some instruments are available to hire from SMS or from the school

Musical instruments should be insured

• SMS does not accept liability for damage to an instrument left in a school, or damaged in a lesson.

How to enrol your child for instrumental lessons at school

Register your interest online at https://smscio.org/central-music-school/e-application-form-for-lessons/ or completing the pdf form and sending it to:

Swindon Music Service

Instrumental lessons request

The Platform

Faringdon Road

Swindon

SN1 5BJ

Or email to: lhawkins@smscio.co.uk

Pupils will be allocated to a lesson as soon as possible. The availability of a tutor cannot be guaranteed, especially where a tutor is not currently available on the requested instrument at the school. A waiting list will be created and every effort will be made to ensure tuition commences as soon as possible. This will normally be at the beginning of a term. If tuition begins in the middle of a ten week cycle, tuition will be charged pro rata according to the number of lessons remaining in the cycle. The SMS will then contact you to discuss final arrangements and payment

Confirmation of instrumental lessons will be given as soon as SMS has arranged the timetables. A copy will still be sent to you and displayed in the school.

Music Service Direct’ weekly lessons/Platinum Lessons. and Music Centre

1. Parents/carers and pupils are subject to the terms and conditions as laid down by SMS as detailed below, and agree to abide by these terms and conditions.
2. SMS reserves the right to change teaching personnel, lesson times and pupil groupings where necessary and to notify parents of any changes to these lesson arrangements.
3. Lessons will take place at the music centre at the agreed day and time.
4. As soon as your registration for lessons has been accepted by us, we will confirm this by email. Once your child’s lesson has been timetabled then you will receive an email to confirm the lesson day and time.
5. By registering online, you are agreeing to pay in advance of receiving the lessons.
6. If for any reason you wish to cancel your child’s lessons, notice must be provided direct to Swindon Music Service in writing (post or email) according to the cancellation dates below. We will be unable to accept cancellations via your child’s tutor:

SMS cancellation deadlines:

To stop lessons at the end of the Autumn term, you must give written notice by 20th November.

To stop lessons at the end of the Spring term, you must give written notice by 20th March.

To stop lessons at the end of the Summer term, you must give written notice by 20th July.

7. Tutors will deliver 30 lessons in the academic year. Any lessons

missed by pupils cannot be refunded unless due to illness lasting for two weeks or more and accompanied by a doctor’s note. Lessons not delivered by the tutor will be rearranged as necessary. If the tutor has not been available for 30 lessons during the year, a refund will be given at the end of the academic year for the missing lessons.

8. Pupils are responsible for the safe keeping of their musical

Instrument and Swindon Music Service does not accept responsibility for any loss or damage to such instruments.

9. Any complaints should be sent in writing to:

Mr Peter Clark, Chief Executive Officer, Swindon Music Service: pclark@smscio.co.uk

Swindon Young Musicians - provides 30 music centre sessions over the three term academic year. Due to the uneven length of school terms the number of sessions offered in each term may vary.

Membership Subscriptions

• Membership subscriptions are reviewed annually.
• Membership subscriptions are payable for a term: autumn, spring and summer. Invoices are sent out during August, December and March and payment is due upon receipt of the invoice.
• 60% discount will be made if families are in receipt of income support, free schools meals or maximum tax credit. Evidence of exemption will be required
• Sibling reductions apply (see website from time-to-time).
• 100% discount will be made for Children in care (Looked after children) and Children under a Special Guardianship Order may attend free of charge.

Payment terms

• Membership subscriptions must be paid termly in advance
• Invoices will be issued via email an membership will not commence until payment has been made
• Additional charges may be incurred for extra activities throughout the year.
• To assist with planning, we ask parents to notify us as soon as possible if their child wishes to stop attending groups & ensembles. All notifications must be made via email to lhawkins@smscio.co.uk
• There will be no refunds for sessions missed as this is a membership subscription club. Therefore any sessions cancelled due to inclement weather, like snow, or any other unforeseen circumstances does not attract any rebate or credit notes.
• Positioning of pupils within the ensembles will be at the discretion of the tutor/director and their decisions will be final
• All SMS ensembles and groups rely on the commitment of all users and staff. There is therefore an expectation to attend all sessions and arrive on time each week.

Supervision

• SMS only accepts responsibility for pupils during actual session time. At all other times responsibility for the pupils lies with parents/carers.

Instruments/accessories

• Parents/carers agree to provide instruments, music and accessories as required.

Liability

SMS does not accept liability for loss or damage to pupils’ instruments or personal possessions. Parents/carers should arrange appropriate insurance for these items.

Behaviour

• Pupils are expected to behave in a responsible and courteous manner at all times, to attend tuition sessions regularly and to practise between sessions. Please refer to the Safeguarding notice for reference.
• Disruptive or anti-social behaviour by either the student or by the parent/carer may result in membership of the centre being withdrawn. No credits will be given in such circumstances.

How to enrol your child form membership of Swindon Young Musicians Club

Attendance at SYM ensembles will only be possible after completion of the SMS online enrolment and payment process

Register your interest online at https://smscio.org/ensembles/swindon-young-musicians/forms-and-information/sym-application-form/

Changes to terms and conditions

SMS will review these terms and conditions on an annual basis.

Charges will be reviewed on an annual basis by the board of trustees

Should any changes occur they will not be implemented until the start of the next academic year. Parents/carers will be notified of these changes as soon as possible.

Contacting Swindon Music Service

Any comments should be sent in writing to Swindon Music Service, The Platform, Faringdon Road, Swindon SN5 5BJ or email: lhawkins@smscio.co.uk

Music Service Direct’ weekly lessons/ Lessons and adult music groups

1. Adults are subject to the terms and conditions as laid down by SMS as detailed below, and agree to abide by these terms and conditions.
2. SMS reserves the right to change teaching personnel, lesson times and  groupings where necessary and to notify you of any changes to these lesson arrangements.
3. Lessons will take place at the music centre at the agreed day and time.
4. As soon as your registration for lessons has been accepted by us, we will confirm this by email. Once your lesson has been timetabled then you will receive an email to confirm the lesson day and time.
5. By registering online, you are agreeing to pay in advance of receiving the lessons.
6. If for any reason you wish to cancel your lessons, notice must be provided direct to Swindon Music Service in writing (post or email) according to the cancellation dates below. We will be unable to accept cancellations via your tutor:

SMS cancellation deadlines:

To stop lessons at the end of the Autumn term, you must give written notice by 20th November.

To stop lessons at the end of the Spring term, you must give written notice by 20th March.

To stop lessons at the end of the Summer term, you must give written notice by 20th July.

7. Tutors will deliver 30 lessons in the academic year. Any lessons missed by you cannot be refunded unless due to illness lasting for two weeks or more and accompanied by a doctor’s note. Lessons not delivered by the tutor will be rearranged as necessary. If the tutor has not been available for 30 lessons during the year, a refund will be given at the end of the academic year for the missing lessons.

8. Adults are responsible for the safe keeping of their musical Instrument and Swindon Music Service does not accept responsibility for any loss or damage to such instruments.

Swindon Music Service - provides 30 music centre sessions over the three term academic year. Due to the uneven length of school terms the number of sessions offered in each term may vary.

Membership Subscriptions

• Membership subscriptions are reviewed annually.
• Membership subscriptions are payable for a term: autumn, spring and summer. Invoices are sent out during August, December and March and payment is due upon receipt of the invoice.

Payment terms

• Membership subscriptions must be paid termly in advance
• Invoices will be issued via email an membership will not commence until payment has been made
• Additional charges may be incurred for extra activities throughout the year.
• To assist with planning, we ask you to notify us as soon as possible if you wish to stop attending groups & ensembles. All notifications must be made via email to lhawkins@smscio.co.uk
• There will be no refunds for sessions missed as this is a membership subscription club. Therefore any sessions cancelled due to inclement weather, like snow, or any other unforeseen circumstances does not attract any rebate or credit notes.
• All SMS ensembles and groups rely on the commitment of all users and staff. There is therefore an expectation to attend all sessions and arrive on time each week..

Liability

SMS does not accept liability for loss or damage to your  instruments or personal possessions. You should arrange appropriate insurance for these items.

Changes to terms and conditions

SMS will review these terms and conditions on an annual basis.

Charges will be reviewed on an annual basis by the board of trustees

Should any changes occur they will not be implemented until the start of the next academic year. You will be notified of these changes as soon as possible.

Contacting Swindon Music Service

Any comments should be sent in writing to Swindon Music Service, The Platform, Faringdon Road, Swindon SN5 5BJ or email: lhawkins@smscio.co.uk

1. The hire charges (as applicable) must be paid promptly upon receipt of the Instrument Hire Invoice. Children and young people may be able to apply for further periods of hire beyond the initial 12-months.  However, a hire agreement is not open-ended and will require a new contract at the end of each 12-month period.

2. All information requested on the “Hire Request Form” must be given.

4. Repairs may only be undertaken by the Repair Technician at the Platform unless written agreement from Swindon Music Service is given. See below for instrument return/collection details.

5. Instruments are hired to you in full working order. The replacement of items such as strings or reeds are your responsibility unless there is an obvious fault at the time of receiving the instrument.

6. Every care should be taken to protect the instrument against loss or damage. The hire charge does not cover this. In the event of loss or damage you will be required to compensate Swindon Music Service up to the replacement value of the instrument. It is your responsibility to insure against this, and if you do not, you could become liable for the cost of repair or replacement of the instrument. 

7. If, at any time, you no longer require the instrument it should be returned to The Platform, Faringdon Road, Swindon SN1 5BJ. See below for instrument return/collection details. A ‘Return Slip’ will be completed by the Swindon Music Service staff and a copy given to you as proof of return.

8. The instrument may not be transferred to any other person.

9. Please advise us immediately of any change of address or personal details.

10. If the instrument provided is exchanged either like for like, or for a different type of instrument (e.g. a clarinet is exchanged for a trumpet) then the above conditions still apply and any difference in replacement value should be observed

11.Failure to return the instrument by the termination date will see the refundable deposit being deducted.  If the instrument has not been returned within a 4-week window of the termination date, Swindon Music Service will start a CCJ claim against you to the full value of the instrument at the costs  shown in the instrument hire brochure.

It is usual as a part of our performance activities for still pictures and video footage to be taken of our performers in action. The pictures and video footage are used to provide copies to students and pupils and as part of our publicity and information activities. They are also used on our official Facebook page, Twitter account and on our website. All photographing and videoing falls within LEA guidelines for photographing students.

The participation of students in our activities is on the basis that permission has been granted by students and their parents for still pictures and video footage to be taken.

Standard conditions of hire for the premises

1. Definitions and interpretation

In these conditions:

1.1          terms defined in the Agreement to these Conditions are annexes (“the Agreement”) have the same respective meanings in these conditions;

1.2          words importing gender shall be construed as importing other gender;

1.3          words importing the singular shall be construed as importing the plural and vice versa;

1.4          references to persons include bodies corporate;

1.5       any undertaking by the Hirer not to do an act or thing shall be deemed to include an obligation not to permit or suffer such an act or thing to be done by another person;

1.6       references to the ‘Premises’ save where the context otherwise requires include the ancillary areas that the Hirer is permitted to use pursuant to condition 3;

1.7       the headings do not from part of these conditions and shall not be taken into account in their construction or interpretation;

1.8       any reference to specific statute includes any statutory extension or modification, amendment or re-enactment of that statute and any regulations or orders made under it and any general reference to a statute incudes any regulations or orders made under that statute;

2. Corporate Hirer

If the Hirer is a corporate body the Hirer must not later than 5 days before the commencement of the Period of the Hing notify the Manager in writing the name, address and telephone number of an individual who will be personally responsible to the manager for the obligations of the Hire under the Agreement jointly and severally with the Hirer.

3. Facilities

3.1       use of the Premises includes use of the, disabled toilet ground floor toilet facilities and facilities associated with it.

3.2       Use of the kitchen facilities must be agreed by the Platform Facilities and Events Coordinator (the Manager) including all the equipment associated with it.

4. User

4.1       No part of the Premise is to be used for any purpose other than the Purpose of the Hiring.

4.2       No part of the Premises is to be used for any unlawful purpose or in any unlawful way.

4.3       no animal with the exception of an assistance dog is to be brought into the Premises or allowed to enter the Premises without the consent of the Platform Facilities & Events Coordinator.

5. Electrical equipment

5.1      no lighting, heating power or other electrical fittings or appliances in the Premises are to be altered, moved or in any way interfered with.

5.2.    no lighting, heating power or other electrical fittings or appliances are to be installed or used without prior consent of the Platform Facilities & Events Coordinator.

5.3       The stage lighting equipment must not be operated by any person other than properly qualified electricians previously approved by the Platform Facilities & Events Coordinator.

5.4       The hirer shall ensure that any electrical appliances brought by them to the Premises and uses there should be safe, in good working order and used in accordance with the Electricity at Works Regulations 1989 and all other relevant legislation.

5.5       All electrical items brought to and for use at the Premises must have a current PAT test where applicable.

6. Supervision

During the Period of the Hiring the Hirer is to be responsible for:

6.1       the efficient supervision of the Platform including (without prejudice to the generality of the above);

6.2       the Platform Facilities & Events Coordinator reserves the right to charge for a member of staff to be present at the Platform for the period of the hire.

6.3       the effective control of all persons using the Premises in connection with the Hirer’s event, ensuring no nuisance is caused to persons at the Premises not attending the Hirer’s event or charity employees.

6.4       the orderly and safe admission and departure of persons to and from the Premises.

6.5       the orderly and safe evacuation of the Premises in case of emergency using appropriate fire exits and contacting the emergency services;

6.6       the safely of the Premises;

6.7       the preservation of good order and decency in the Premises;

6.8       ensuring that all doors giving egress for the Premises are left unfastened and unobstructed and immediately available for exit;

6.9       ensuring that no obstruction is placed or allowed to ream in the corridor giving access to the Premises;

6.10     the identification of the needs of disabled people, and where necessary. The making of proper arrangements for their assistance in the event of an emergency evacuation;

6.11     ensure that a Personal Emergency Evacuation Plan (“PEEP”) is undertaken for the needs of disabled people attending the event.  A PEEP document for completion by the Hirer will be provided by the Platform Facilities & Events Coordinator.

7. Fire Safety

7.1       the hirer acknowledges that they have received instructions from the Platform Facilities & Events Coordinator or nominated SMS staff member.

7.2       Charity in the following matters:

7.1.1    the Acton t be taken in the event of a fire

7.1.2    the location and use of the equipment

7.1.3    escape routes and the need to keep them clear

7.1.4    method of operation of fire escape door emergency openers

7.1.5           appreciation of the importance of any fire doors and the closing of all fire doors at the time of a fire

7.1.6           the need to keep all means of exit from the Premises free of obstruction

7.1.7           the location of the Platform assembly point is at the front of the Premises outside 26 Faringdon Road

The firer must comply with all conditions and regulations made in respect of the Premises by the Charity and the Fire Authority and a copy of these will be supplied to hirer on request.

8.         Accidents and Dangerous Occurrences

8.1       The hirer must report all accidents involving an injury and all incidents involving a potentially dangerous occurrence to the Platform Facilities & Events Coordinator.

8.2      Platform Facilities & Events Coordinator will as soon as possible and record the accident or incident in the Premises’ accident book and dependent follow the Charity’s accident reporting policy.

8.3       Any failure or fault of or damage to equipment belonging to the Charity at the Premises must be reported as soon as possible to the Platform Facilities & Events Coordinator.

8.4       Where identified by the Platform Facilities & Events Coordinator certain types of accidents will need to be reported to the Health and Safety Executive.  This will assist in the process where appropriate.  All reporting shall be in accordance with the Reporting of injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

8.5       A first aid point is provided by SMS reception and first aiders are available from 9.00am to 5pm Monday to Friday.

9.         Decorations and Advertising

9.1       No bolts, nails, tacks, screws, bits, pins or other like objects are to be driven into any part of the Premises nor is any adhesive substance to be attached to it.

9.2       No placards or other articles are to be fixed to any part of the Premises.

9.3       No highly inflammable material, gas bottles or pressurised vessels are to be brought into the Premises.

9.4       Any substance which requires a COSHH (Control of Substances Hazardous to Health) data sheet must be declared to the Platform Facilities & Events Coordinator before being allowed into the Premises.

9.5       No posters, boards, signs, flags or other emblems or advertisements are to e displayed inside or outside any part of the Premises without the previous consent of the Platform Facilities & Events Coordinator.

9.6       SMS reserves the right to remove any permitted posters, boards, signs, flags or other emblems or advertisements which become so dirty as to be untidy or unsightly.

9.7       Flyposting is not to be carried out in contravention of the Town and Country Planning legislation.

10.      Maximum number to be admitted

The maximum number of persons to be admitted to the Premises is not to exceed the room capacity as provided in Schedule 2.  During the Period of the Hire the Hirer must keep a note of the number of persons admitted and show the same on demand to any officer of the Charity.

11.      Statutory and Policy requirements

11.1     The Hirer must not do or permit any act, matter or thing which would or might constitute a breach of any statutory requirement affecting the premises or which would or might violate in whole or in part any insurance effected in respect of the Premises.

11.2     The Hirer shall comply with relevant health and safety legislation including all terms and conditions made in respect of the Premises by the Charity, including the Charity’s health and safety policy and a copy shall be made available to the Hirer on request.

11.3     The Hirer shall comply with all relevant equalities legislation.

12        Copyright works

12.1     In the use of the Premises the Hirer is not to infringe any copyright or allow any copyright to be infringed.

12.2     If the use of the Premises will involve the performance of any musical or dramatic works or the delivery in public of any lecture in which copyright subsists it will be the responsibility of the Hirer to obtain prior to the Period of the Hiring the consent of the owner of the copyright and to pay all composers’, authors’, publishers’ and other fees or royalties which may be payable in respect of the function.

12.3     The Hirer must supply to the Platform Facilities & Events Coordinator for approval (if so requested) a copy of the programme of any entertainment to be given at the function not less than 7 days before the `period of the `hiring and must provide such evidence as the coordinator may reasonably require of compliance with this clause.

13        Broadcasting and filming

13.1     The Hirer is not to grant broadcasting or filming rights without the prior written consent of the senior manager of the Charity but cameras may be brought into and used inside the Premises for private (but not commercial) purposes provided that no nuisance or annoyance is occasioned.

14        Film exhibition

The Hirer is not to use any part of the Premises for the purpose of a film exhibition or permit any part of the Premises to be used for the purposes without prior written consent of the senior manager of the Charity.

15        Gambling

No sweepstake, raffle, tombola or any form of lottery is to b permitted to take place in the Premises except a lottery:

15.1     which is lawful under the Gambling Act 2005,

15.2     for which the prior consent of the senior manager of the Charity has been obtained, and

15.3     which is conducted strictly in accordance with the relevant statutory provisions.

16.      Alcohol

No excisable alcohol is to be sold unless an appropriate personal licence is in force at such time or temporary event notice has been obtained for the relevant occasion and the Hirer must produce such notice to the Platform Facilities & Events Coordinator not less than 24 hours before the Period of the Hiring.

17.      Smoking

Smoking is not to be permitted anywhere in the Premises.

18.      Expiration of Period of Hiring

At the expiration of the Period of the Hiring the Hirer is to leave the Premises in a clean and orderly state and in particular (but without prejudice to the generality of the above):

18.1     the Hirer is to remove all equipment previously brought in by or on behalf of the `hirer, and

18.2     the Hirer is to ensure that all equipment and furniture supplied by the Charity at the Platform are returned to their correct storage location.

19.      Charity Property

The benefit of the Agreement is personal to the Hire and not assignable or capable of being sub hired.

20.      Council Property

The hirer is to take good care of and not cause any damage to be done to the Premises or to any fittings, equipment or the property in the Premises and save to the extent that the charity (through the council) may be indemnified by insurance the Hirer is to make good and pay for any such damage caused by any act or neglect of the Hirer or anyone for whom the Hirer is responsible or anyone permitted by the Hirer to enter the premises.

21.      Injury to persons and loss of property

2.1       The charity will not be liable for the death of or injury to any person attending the premises for the subject of the hiring, or for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Hirer in the exercise of the rights granted by the Agreement, except where such death, injury or loss is due to the negligence of the Charity.

2.1.2    The charity will not under any circumstances accept responsibility or liability in respect of any damage to or loss of any goods, articles or property of any kind brought into or left at the Premises either by the Hirer for his own purposes or by any other person or left or deposited with any employee of the charity.

22.      Insurance and Indemnity

2.2.1    The Hirer is responsible for arranging their own insurance cover for their own public liability and their own property and equipment.  Such insurance shall be in force throughout the Period of Hiring and be effected by a reputable insurance company.  Public Liability insurance cover shall be for a sum of not less than £5 million for each claim.  The Hirer shall produce the charity evidence of its insurance cover within two days of a request by the charity.

22.2     The Hirer fully and promptly indemnify the charity against all direct losses, injury, damages, costs or liabilities or proceedings incurred by the charity as a result of any act, default or negligence of the Hirer or any of its employees or sub-Hires in carrying out its obligations under the Agreement except and to the extent it is due to the act, default, or negligence of the charity or any of its employees.

22.3     The charity will not under any circumstances accept responsibility or liability in respect of any clams, losses, damage or costs made against or incurred by it as result of any nuisance caused to a third party as a result of the use of the Premises by the Hirer.

23        Further exclusions of liability

23.1     The charity will not be liable for any loss due to any breakdown of machinery, failure of supply of electricity, leakage of water, fire, government restriction or act of God which may cause the Premises to be temporarily closed or the hiring to be interrupted or cancelled.

23.2     The charity gives no warranty that the Premises are legally or physically fit for any specific purpose.

25        Fees

25.1     Hire fees will be charged in accordance with the rates provided in Schedule 2.

25.2     An invoice will be sent to the Hirer seven working days prior to the event.  Invoices must be paid by the Hirer within 4 days by the Hirer before the date of the hire.  Failure to pay by this time may result in the booking being cancelled or the Hirer being charged interest at 4% above the current bank base rate ad any future bookings being cancelled or suspended.

26        Cancellation by Hirer

26.1     if the Hirer wishes to cancel the hiring in whole or in part the Hirer must give the charity written notice to that effect.

26.2     Upon reviewing the reason for any cancellation and upon discretion of the CEO of the charity the Fee will be refunded less an administration charge of 25% of the hire rate which will be payable to the charity.

27        Cancellations by the Charity

27.1     The charity may cancel the hiring if the Premises are deemed unsuitable for any such event as is mentioned in condition 23.1

27.2     If the hiring is cancelled by the charity, the charity will give the Hirer the maximum practical notice in the circumstances and a refund the fee but will not otherwise be liable to the Hirer.

28        Breach by the Hirer

If the Hirer fails to observe and perform any of these Conditions the Charity may:

28.1     Charge the and recover from the Hirer any expenses incurred by the charity in remedying any such failure, including the cost of employing attendants, workmen, cleaners or other persons as may be appropriate, and

28.2     Cancel the instant or any other hiring of the Premises by the Hirer without incurring any liability to the Hirer for the return of any fee or otherwise.

29        Complaints

Any complaint arising out of the hiring must be made in writing to the charity within 3 days after he expiration of the Period of the Hiring.

30        Charity to act by its employees

The charity may act through any authorised employee and references in these Conditions to any approval, discretion, consent or requirement of the charity are deemed to be references to the approval, discretion, consent or requirement of any such employee and anything which the Hirer is required to produce t the charity is to be produced to such employee.

31        Notices

All notices, demands or requests by either party to the other shall be in writing and shall be sufficiently served if delivered by hand or send by recorded delivery t the address of the Hirer specified in the Agreement, in case of a notice, demand or request to the Hirer and the CEO, at The Platform, Fariningdon Road, SN1 5BJ in the case of a notice, demand or request to the charity.

32        Law

The Agreement shall be governed by and t=interpreted in accordance with the law of England and Wales.  The parties hereby submit to the exclusive jurisdiction of the English Courts.