This agreement has been developed to define the terms and conditions of registering as a member with The CBY Academy of Performing Arts Ltd, 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. We reserve the right to amend this agreement at any given time.

1 – General details

1. The CBY Academy of Performing Arts Ltd is a private performing arts academy. We provide 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 10am-6pm on Sundays.
3. Our email address is [email protected] 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.

2 – Fees and payments

1. Our base rate is $38 for a 30 minute private lesson. We can also offer 60 minute lessons in some circumstances, but generally don’t recommend this for new students. Private lesson rates may vary from teacher to teacher.  HST applies to private lessons in non-music subjects.
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:
   1. Credit card
   2. PAD (pre-authorized debit)
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, please contact us before the end of the month to discuss your specific situation. 
6. If you fail to pay tuition fees, we request that you reach out to use as soon as possible, so we can put special accommodations in place. We are more than happy to be flexible to your financial needs. If, however, we do not hear from you and your tuition fees remain unpaid for a maximum of one (1) month, your academy membership will be cancelled. 
7. Before cancellation, you will be notified by email five (5) days prior to advise that your membership will be suspended immediately until all outstanding fees are paid. During suspension, the registered student will not be allowed access to the academy until all fees are paid. The suspension period will end after 5 days and, if the fees still haven't been paid or we haven't had an update from you, your membership will be cancelled. We may seek legal action to collect any and all outstanding fees after cancellation if the amount owed is substantial. 
8. All fees are subject to a credit card processing fee of 2.9%.
9. All programs are subject to HST with the exception of private music lessons.

3 – Statutory vacations

1. The academy is closed for the following dates:
   1. Labour Day
   2. Thanksgiving weekend (Saturday, Sunday and Monday)
   3. Halloween (when it falls on a week night)
   4. Christmas & New Year’s (2 weeks in December)
   5. Family Day (Monday only)
   6. March Break (1 week)
   7. Easter weekend (Good Friday, Saturday, Easter Sunday & Monday)
   8. Victoria Day Weekend (Saturday, Sunday and Monday)
   9. Canada Day
   10. August Civic Holiday

4 – Student registration

1. All new members pay a $35 one-time registration fee upon initial registration.
2. We recommend all prospective students who register after the school year has begun 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. 
3. Our drop in fee is $28 for group classes and $38 for a private half-hour lesson.
4. To book a drop in lesson, please visit cbyacademy.com/contact to submit an inquiry. Someone in our admissions team will reach out to you within 24 hours (longer during peak periods).
5. If, after you have completed the drop in lesson, you wish to continue with weekly lessons, please let us know and we will get you registered.
6. Drop in lessons are a one time only booking. We do not offer weekly lessons on a drop in basis.
7. Once your schedule has been agreed upon and booked, you will receive a recurring calendar invitation. This invite will have all pertinent details of the booking, including location, room, teacher, date and time. The invite will also contain a Google Meet link, should you or the teacher ever need to move the lesson online. It not mandatory to RSVP to this calendar invite, but we do recommend it.

5 – Use of your personal data

1. When you submit our registration form, we store your personal data in our secure academy 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. All payments are processed using Stripe.

6 – Termination of membership

1. If you wish to terminate your registration, you must provide 4 (four) weeks notice.
2. We reserve the right to withdraw a student from the academy immediately if they are found to have engaged in misconduct. Examples of misconduct include, but are not limited to, abusive language, physical violence or any communicated attempts to disparage the academy staff; bullying other students; damage to academy property.
3. SHOWSTOPPERS / ACTING FOR THE STAGE / CC MUSICAL THEATRE: you are required to commit to the full year in order to do this program. Specifically, the commitment required starts after Thanksgiving weekend and concludes on the final Sunday of the following June, therefore, you may only withdraw from Showstoppers in the month of September. 
4. If you decided to withdraw from Showstoppers after Thanksgiving weekend and before the end of the following June, you will still be charged any outstanding tuition fees. 
5. The reason for this stricter withdrawal policy specific to Showstoppers is because a) we cast our musical productions after Thanksgiving and, once a student has been cast in such a role, they are expected to fulfill that obligation and b) staging two full productions per year is an extremely costly endeavour. Unlike most academies, we do not charge for most costumes and props; your monthly tuition fee is “all in” and not only goes towards running the program for a year, but also staging the shows. Without a full commitment for the year from all participating families, we may not be able to produce the shows that our community have come to enjoy and expect. 
6. ALL OTHER GROUPS: we stage a Winter Concert in December and an End of Year Concert in June each year. Students in group programs (except Showstoppers) work towards a group performance in both concerts. Each student will have an integral role in these performances and, as such, any withdrawal requests from CBY made four weeks before either concert date will be denied. If you still choose to withdraw during this timeframe, any remaining tuition fees will still be charged to your payment method. 
7. EXCEPTIONS: We understand that unexpected situations can arise from time to time that may preclude our members from following the above withdrawal policies. In such events, please talk to us. We are able to waive some or all of the above withdrawal restrictions depending on the situation. Such a decision will be made by the leadership at an appropriate time.

7 – Expectations of the student

1. Registered students of The CBY Academy of Performing Arts Ltd agree to attend their lessons prepared with any necessary materials and resources. These can include:
   1. Music and theory books.
   2. Sheet music.
   3. Instruments.
   4. Dance wear, shoes, and basic undergarments or base layers for costumes.
   5. A second device for backing track playback and access to our online portal (applicable for all online lessons).
   6. Note-taking tools, such as notebook and pencil, tablet, laptop, cell phone etc.
2. We expect that students:
   1. Be punctual.
   2. Will follow instructions during lesson time.
   3. Display, to the best of their ability, motivation, enthusiasm and a willingness to learn.
   4. Complete assigned homework each week in order to progress in the next lesson.
   5. Practice for a minimum of 30 minutes every day in order to progress in the next lesson
   6. Follow all outlined infectious disease 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, exams, auditions, masterclasses, competitions, musical productions, community performances and concerts and will be recommended to the student based on the teacher’s professional determination of appropriate opportunities.
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 made up at a later date to a maximum of three lessons per school year.  Lessons missed beyond these three are forfeited.
2. Make ups may take place in person at the academy or online via Google Meet, depending on schedule availability.  By agreeing to these terms, you accept that should the studio not be available, your make up lesson will take place online.
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 will be offered.
4. If, however, an absence occurs as the result of an emergency, please let us know asap and we will do our best to accommodate you.
5. In the case of teacher cancellation, the lesson will be made up in person at the academy or virtually on Google Meet at a time agreed upon by both teacher and parent/student.
6. Make ups must be completed within the same term that the absence occurred. Make ups are not carried over to the following term.
7. We do not offer refunds for missed or cancelled lessons under any circumstances. 
8. Re-scheduling lessons by swapping with another student who takes lessons with the same teacher is permitted, but the CBY Academy does not manage this process.  It is up to the students’ families to communicate and mutually agree upon the swapped lesson times. Swapped lesson times must be communicated via email to the CBY Academy with both swapping parties CCed on the email, as well as the teacher. Once a lesson time is swapped and communicated in writing, a missed lesson by one or both parties is subject to the regular make-up policy.
9. 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. We request that you notify us of any absences by submitting an Absence Notification Form on our website. You can access that at cbyacademy.com/absence

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:
   1. Each room at the CBY academy is monitored by CCTV cameras. 
   2. Video and audio are captured at all times and stored securely on our internal server.
   3. 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.
   4. 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. Only staff carry access cards. 
   5. Digital interaction between staff and parents/students via CBY email accounts and file sharing is monitored and archived.

11 – Staff-parent-student communication

1. It is prohibited at all times for a parent/student to communicate with a CBY teacher for non-academy reasons via a teacher's personal channel of communication.
2. It is prohibited at all times for a CBY teacher to communicate with a parent/student for non-academy reasons via a personal channel of communication.
3. For clarity, a personal channel 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. Non-academy reasons is any form of personal conversation that has no connection or purpose to the CBY Academy.
4. If communication is carried out using personal lines, and that communication is of a non-academic, personal nature, it will result in an immediate investigation by the academy leadership and may result in the suspension or expulsion of the student and/or disciplinary action being taken against the teacher up to and including dismissal.
5. We highly recommend staff-parent-student communication be conducted using an approved CBY channel of communication. This includes:
   1. Emailing our general address at [email protected].
   2. Calling the studio number at 905-320-3223.
   3. Emailing your teacher at their CBY email address.

12 – Closures

1. We reserve the right to close the academy in the event of emergencies including weather, medical, technical and force majeure conditions.
2. We will provide as much notice as possible if we take the decision to close the academy.
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 academy, we will assess whether we can move lessons online. If we decide we can, we will contact those affected. If the nature of the closure is one of a more serious nature, we will simply cancel the schedule and contact those affected to discuss next steps at an appropriate time.

13 – Infectious disease protocols and policies

1. What we are doing to keep you safe:
   1. “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.
   2. Brand new HVAC installed during the recent studio reno (2021), complete with a MERV- 13 filter.
   3. All of our instructors are vaccinated against Covid-19.
   4. Additional sanitization of high-touch surfaces throughout the studio and sanitization of shared instruments between each use.  
   5. Full support of students who must stay home and isolate via online instruction.
   6. Expectation that students do not attend if actively symptomatic for any form of illness.
   7. Support for masking: masking for private lessons at the student or teachers’ request.  Inclusive and welcoming environment for mask- wearers in groups.  If a student in any group is wearing a mask, at least one of their teachers will too. If a private student arrives in a mask, their teacher will wear a mask too.
   8. 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:
   1. N95 (or equivalent) masks when requested by the teacher, or if someone you live with is currently experiencing non-Covid illness, 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.
   2. Staying home if you are symptomatic for any known infectious disease (including symptoms of covid, colds, flus, strep, pink eye, gastro, etc).  Private lessons may continue online if the student is otherwise well enough to attend.  Examples of symptoms include, but are not limited to: fever/ chills (temp of 37.8C or higher), relatively new onset of cough/ barking cough, whistling noise when breathing/ shortness of breath (not related to asthma or other known conditions), decrease or loss of taste/ smell, sore throat or difficulty swallowing, runny/ stuffy/ congested nose (not related to seasonal allergies or being out in the cold), unusual headache or fatigue, conjunctivitis (pink eye), nausea/ vomiting/ diarrhea (not related to known conditions), unexplained muscle aches, etc.  
   3. Staying home if someone you live with tests positive for Covid-19, or in lieu of a test, is actively symptomatic with current Covid-19 symptoms (gastro, respiratory, pink eye).  Private lessons may continue online.
   4. We expect our families to take these policies seriously.  We have immunocompromised people and families among our staff and student population, and many of our staff depend on their respiratory health for their livelihoods.  We have learned many lessons over the last few years as to how to manage infectious disease on a community level, and staying home when you are sick is the most important!

14 - Assumption of the risk and waiver liability relating to coronavirus/COVID-19 and other infectious diseases

The CBY Academy of Performing Arts Ltd has put in place measures to reduce the spread of Covid-19 and other infectious diseases.  However, The CBY Academy of Performing Arts Ltd cannot guarantee that you or your child(ren) will not become infected with COVID-19 or other infectious diseases as a result of participating in our programs.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and other infectious diseases and voluntarily assume the risk that myself, my child(ren), and my family may be exposed to or infected by COVID- 19 or other infectious diseases by attending The CBY Academy of Performing Arts Ltd, 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 The CBY Academy of Performing Arts Ltd or participation in The CBY Academy of Performing Arts Ltd Programming.

On my behalf, and on behalf of my child(ren) and family, I hereby release, covenant not to sue, discharge, and hold harmless The CBY Academy of Performing Arts Ltd, 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 The CBY Academy of Performing Arts Ltd, its staff, volunteers, agents, representatives and participants, whether a COVID- 19 or other infection occurs before, during or after participation in any The CBY Academy of Performing Arts Ltd program.

I have received a copy of the The CBY Academy of Performing Arts Ltd 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 infectious disease exposure/ infection at The CBY Academy of Performing Arts Ltd, and I accept the personal responsibility to meet these expectations every single time I/ my child(ren) attend The CBY Academy of Performing Arts Ltd activities in person.

15 – 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 CBY Academy of Performing Arts Ltd, 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 The CBY Academy of Performing Arts Ltd and participation in The CBY Academy of Performing Arts Ltd activities. 
3. I/we agree to release from responsibility The CBY Academy of Performing Arts Ltd, 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 The CBY Academy of Performing Arts Ltd 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 The CBY Academy of Performing Arts Ltd.
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 certify that I have provided the CBY Academy of Performing Arts Ltd with accurate and applicable medical information regarding my student.
7. I have received a copy of the The CBY Academy of Performing Arts Ltd policies,  and will take the responsibility to carefully read and follow the rules and policies therein.