TERMS AND CONDITIONS
The People’s Orchestra Ensembles Membership Terms And Conditions
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 5 (LIMITATION OF LIABILITY).
The following terms and conditions apply to membership of “The People’s Orchestra Ensembles”, which includes the following:
Membership of The People’s Orchestra;
Membership of The Rusty Players Orchestra;
Membership of The People’s Show Choir;
Membership of The People’s Big Band; and
Membership of Underscore
1. Membership And Joining
1.1 This is an agreement between you (“the Member” or “the Members”) and The People’s Orchestra, (“us”, “we”, “our” etc), a charity registered in England and Wales (registration number 1151321).
1.2 The joining process is accessible through our websites (www.thepeoplesorchestra.com and www.thepeoplesshowchoir.com) and by completion of an application form.
1.3 When using our websites, our Terms and Conditions of Website, available at: https://thepeoplesorchestra.com/terms-and-conditions/ apply.
1.4 Please print a copy of this agreement for future reference. We reserve the right to amend the terms and conditions at any time. We will notify you in writing of any changes to these terms and conditions by giving you one month’s notice. Should we make a significant amendment to the terms, including increasing the price of your membership, you will have the right to terminate. If you wish you terminate in this regard, please email us at
[email protected] to inform us of such decision.
1.5 You can end this Agreement at any time by giving us one month’s notice.
1.6 The Membership Agreement is legally binding and commences once you have accepted these terms. By accepting these terms, you are agreeing to pay any applicable fees which are shown at the start of the joining process and before confirming your payment instruction. You should only join if you have read and accept these terms.
1.7 By joining, you confirm that you are not breaching any legal obligations or conditions imposed on you by a court of law
1.8 Anything outside of these terms shall not form part of this agreement.
1.9 In making an application, Members are assumed to be medically fit to undertake the vocal and physical demands of The People’s Orchestra Ensemble they join. If an individual has any doubts, please let us know prior to an application. Reasonable adjustments will be made where possible.
1.10 The People’s Orchestra Ensembles may from time to time provide additional facilities such as downloads, special rehearsals and shows. These are not part of the basic membership and are provided solely at our discretion. Those who do not have internet facilities may not be able to avail themselves of some of these additional provisions.
1.11 Each membership is valid for 6 months and paid by monthly subscription.
1.12 You confirm that you are at least 18 years old, or if younger, you have the permission from a parent or legal guardian.
1.13 If you are aged 9-13 years old, you will be asked to provide proof of age and at all rehearsals you must be accompanied by a parent or legal guardian who, at the first rehearsal, must provide written agreement of your membership and acceptance of these terms and conditions and proof of identity such as a passport or photo driving licence.
1.14 If you are aged 14-17 years old, you must be accompanied by a parent or legal guardian at your first rehearsal who must provide written agreement of your membership and acceptance of these terms and conditions, proof of identity such as a passport or photo driving licence and, if required, proof of legal guardianship. Following this, you may attend unaccompanied, however, we have no responsibility for your welfare outside of the rehearsals.
15 During the term of the agreement, we will maintain in force, with a reputable insurance company, adequate insurance to cover the liabilities that may arise under or in connection with these terms and conditions and shall, on the member’s request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance.
2. The People’s Orchestra Ensemble
2.1 Upon joining, you will nominate an ensemble location. You may attend any of the group and or rehearsals within The People’s Orchestra Ensemble, in substitution for your session, at no extra cost. However, if you would like to switch to The People’s Big Band at any time, please inform us by emailing
[email protected]. Please note that this will incur further cost. No refunds will be given in the circumstances of switching ensembles.
2.2 Rehearsals will run weekly during term time only and a full rehearsal schedule will be issued to members prior to the start of the term. The scheduled dates are regularly updated, where necessary. Occasionally, a rehearsal may be postponed due to staff illness, weather or other unforeseen circumstances outside of our control. We will endeavour to give as much notice as possible to members for any changes made to regular scheduled rehearsals. If a session is postponed in such a manner, we will rearrange your missed rehearsal and contact you via email or the correspondence application (available on Apple app store), Spond, to inform you of such arrangements. No refunds will be given for postponed rehearsals.
2.3 We may, at our absolute discretion, merge a group of The People’s Ensemble with another ensemble, move a rehearsal venue to a new location or move a group leader to another location or appoint a new group leader. In these circumstances, we notify the affected members as soon as practicably possible and endeavour to efficiently put alternative arrangements in place.
2.4 Any of The People’s Orchestra Ensembles will only proceed with a minimum sized group. If this minimum is not achieved, the group may be closed. All members will be refunded for any future paid for sessions or transferred to another choir of their choosing.
3. Fees And Payment Methods
3.1 You agree to pay us any applicable fees as shown in the online joining process and in the emails that will be sent to you by The People’s Orchestra Ensembles. Where a person is a member of both the orchestra and choir, they only require membership of an orchestra to be able to attend both. Please note that the membership prices vary depending on the member’s status, e.g. there is a discounted price for students, and depending on which group of The People’s Orchestra Ensemble you are joining.
3.2 Payment via website: These payments must be set up as soon as a member completes the membership agreement and will continue annually/monthly throughout the year. Payment can be made by Standing Order – please contact us for our bank details to the
[email protected].
3.3 We are registered for Gift Aid and will collect this annually where a member has agreed that we can do so. In opting to donate Gift Aid, the member has already confirmed that such money is their own and that they are a UK tax payer.
3.4 We reserve the right to take action against you for any unpaid fees and will also seek to recover any incurred costs from you, in doing so.
3.5 We do not offer any refunds for any sessions you miss due to your own personal circumstances.
3.6 Membership bursaries may be available to students and those in difficult financial circumstances. Please contact
[email protected] to discuss this further. We reserve the right to increase the price of membership. We will give you at least one full month’s notice of any price change and will make it clear when the price change will take effect and how much your membership will cost after the increase. During this notice period, you are able to terminate your membership in accordance with these terms and conditions. If you choose not to terminate your membership before the date the increase becomes effective on the date specified, in accordance with the notice.
3.7 Cheques are accepted and must be made payable to The People’s Orchestra and with the member’s name and email on the reverse, posted to West Bromwich Town Hall, Lodge Road, B70 8AY.
3.8 It is the responsibility of a member to ensure their payment method is set up correctly and their fees are being paid/collected successfully. While we may inform you of any issues or errors that can occur from time to time, any overdue amounts will be payable in full and should be reimbursed as soon as possible.
4. Cancellation/Suspension Of Membership
4.1 After 4 months’ membership, you may pause your membership for any period for exceptional reasons (to be agreed by Sarah Marshall, our CEO), by emailing
[email protected] from the email address that you used during the online joining process, wherever possible. By pausing your membership, no payments will be collected during this period. You may suspend your membership for no more than six months, any longer may result in your membership being cancelled.
4.2 You are responsible for notifying us if you wish to cancel your membership. Any amounts still outstanding must be paid in full before the membership is terminated and in no less than 30 days. It is your responsibility to cancel any arrangements, for example, standing order/bill payments directly with your bank.
4.3 You have the right to cancel this agreement within 14 days from the start of the agreement without giving any reason, subject to informing us of your wish to do so within this 14-day period. If you wish to cancel, please notify us by email at
[email protected], from the email address that you used during the online joining process, wherever possible, or by completing our cancellation form (a link to which is HERE).
4.4 After the expiry of the 14-day period, your initial membership term is 6 months and there will be a minimum of 2 months’ subscription fees (“minimum fees”) payable if you terminate within such 6 months’ initial membership term. No refund will be agreed during this period as the minimum fees cover our costs for accepting you as a new member. You may terminate your membership by giving us 30 days’ notice by emailing us at
[email protected] from the email address that you used during the online joining process, wherever possible, or by completing our cancellation form (a link to which is HERE ) . Your membership will end with immediate effect and fees that you owe us will be calculated to the date of cancellation. Any payments made for future sessions will be refunded within 14 days of us receiving your notice to cancel this Agreement. Unless expressly agreed otherwise, we will make the reimbursement using the same means of payment as you used in the joining process.
4.5 The People’s Orchestra Ensembles reserve the right in its absolute discretion to terminate this agreement and cancel your membership with immediate effect on notice to you. This could include but is not limited to situations where your behaviour compromises the welfare and or development of any choir member or welfare of any member of staff, where you breach the anti-bullying policy and/or where you breach the code of conduct which is available within your welcome pack issued to you upon joining the choir and available at Code Of Conduct For Orchestra Members – The Peoples Orchestra for bands and orchestras or Code Of Conduct For Choir Members – The Peoples Orchestra for choirs. In this event, you will no longer be able to access your downloads and you will not receive a refund for the classes already paid for remaining following termination.
5. Limitation Of Liability: The Members’ Attention Is Particularly Drawn To This Clause
5.1 Members are responsible for their own property whilst attending all rehearsals and performances. The People’s Orchestra Ensembles are not responsible for damage to, or loss of, personal belongings whilst attending rehearsals and performances or before and after rehearsals and performances. This also applies to other events including but not limited to singing trips, workshops, pop-up events and hired events.
5.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
(a) losses that were not foreseeable when the contract was formed;
(b) losses that were not caused by any breach on our part;
(c) losses to non-members.
5.3 We are not liable for any loss, damage or theft of any of your property that you bring into any of our third-party venues.
5.4 If The People’s Orchestra Ensembles have any liability to you under this Agreement, this shall be limited, to the extent permitted by law, to the greater of the fees paid by you in the previous 12 months or the fees paid by you until the point liability arose.
6. Carers
6.2 If you attend with a carer, your carer is entirely responsible for your care and wellbeing. Depending on your needs and the level of support you require, your carer may need to attend any performances or events with you. Please inform us if you will be attending with a carer and how frequently your carer will attend with you.
6.3 If you are attending The People’s Orchestra Ensembles with a carer, they are welcome but not required to join in with the weekly rehearsals. However, they will not be granted access to resources or membership benefits and will not be able to actively participate in performances or events.
6.4 We expect everyone to get the same enjoyment from the sessions and in consideration of this, we ask that your carer(s) comply with the following:
(a) to sit with you during the rehearsal, performance or event.
(b) to support you and ensure their attention is on you and not distracted by anything else, for example, by mobile devices, etc.
(c) to ensure you have a care plan and behaviour plan in place that is suited to your needs and to act on these immediately should the need arise.
(d) to ensure they always support the conductor or choir leader to maximise your participation and enjoyment and that of others.
6.5 Where a carer fails to meet these requirements and this negatively affects you, other members or the orchestra/show choir or any staff, you agree that we may speak directly to your carer, family or support to attempt to resolve the issues. Where the issues cannot be resolved with the carer in question, you will be permitted to bring a different carer to attend. However, if the issue remains outstanding, only if there is no alternative solution, we reserve the right to cancel your membership.
6.6 At live performances however, it is important for health and safety reasons that, if your carer is seated, you are at the side of the choir and not between members as the choirs may move around potentially causing danger to themselves/people seated nearby.
7. Communication, Your Privacy And Personal Information
7.1 By becoming a member, you consent to receiving communications relating to your membership, events, concerts, opportunities and information. We may communicate this information to you by email, SMS or by social media groups such as the Facebook Members Group. A copy of our GDPR statement and Privacy Policy is available at [https://thepeoplesorchestra.com/privacy-policy-2/
7.2 Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information and your rights in relation to your personal information.
7.3 You must tell us about any changes to your personal details including contact information.
7.4 You may opt out of email and SMS communications that we may send but if you do, we cannot be held responsible for any loss incurred by you not receiving relevant communications.
7.5 We will not sell or provide your data to any third parties outside of this agreement
8. Use Of Resources
8.1 The work, including but not limited to harmonies, concepts and resources, used in The People’s Orchestra Ensembles are owned by The People’s Orchestra Ensembles. In taking part in any rehearsal, performance, workshop or event, you agree that you will not amend, copy, replicate or otherwise use any use of resources, techniques and ideas at any other event, or at any group or in any venue. If found to be used in any of the mentioned forms, legal action will ensue against the individual
8.3 You must only use downloadsor any other material, e.g. sheet music/lyrics/music pads, provided by us for your own usage and such downloads or other material cannot be shared with and/or used by others or people outside the People’s Orchestra Ensembles. Please consult your conductor or choir leader if you are unsure.
8.4 Resources must be used by the member for singing or playing with TPO, they can’t be shared with others or outside the organisation.
8.5 Individual music pads must be brought to every rehearsal and concert; spares will not be provided, and replacements will be given upon request and at the member’s own expense and depending on availability across the Ensembles. If any original sheet music is lost, the member who last had it will be charged the full price of replacing the music.
8.6 During performances, the correct concert t-shirt/top for your ensemble is mandatory and must be purchased at the member’s expense. The correct concert t-shirt/top will be purchasable via our website, https://thepeoplesorchestra.com/, on which it will be clear which t-shirt correlates to the appropriate concert. We will email you once the online shop is active. Other official merchandise will be available at such online shop and must be purchased at the member’s expense.
8.7 All resources we provide you with during the course of your membership must be returned to us at the end of your membership. We will charge you for any resources that you fail to return to us at the conclusion of your membership. If any resources are lost, you will have to reimburse for such lost item/replacement.
8.8 All intellectual property rights in or arising out of or in connection with our rehearsals, performances, events and other work, including all music, we produce is owned by us. This is excluding any external resources provided by third party suppliers, for example any concert merchandise.
8.9 We hereby grant to you, a non-exclusive, royalty-free licence during the term of your membership to use the materials we provide you with for the purpose of your membership.
9. Code Of Conduct
9.1 You must comply with our Code of Conduct. which is available HERE for orchestra and band members and HERE for choir members
9.2 You agree that your actions at rehearsals, events, performances, social gatherings or any other occasions with The People’s Orchestra Ensembles, will not bring either the Orchestras or Choirs into disrepute. This could entail but is not limited to drinking alcohol excessively, gambling, fighting, swearing, and other similar unprofessional activities are strictly prohibited and will not be tolerated. Other inadequate behaviour will be judged on a case-by-case basis. Unless your actions are so severe as to justify, in our reasonable opinion, immediate termination of your membership (e.g. use of violence or sexual abuse) any infringement of these rules will earn the member one warning. If the infringement continues or re-occurs, the member’s membership will be immediately terminated.
9.3 It is important for all members of the ensembles, the public, our staff and volunteers to be treated with respect. Abusive, aggressive or violent behaviour towards staff, volunteers, singers and players will not be tolerated under any circumstances. Such behaviour includes but is not limited to behaviour deemed to be bullying, either physical or emotional, as well as sexual harassment or behaviour that could be construed as such, for example, using inappropriate language, keeping or posting inappropriate materials online or in their performance space, or accessing inappropriate materials during performances or rehearsals.
9.4 You will undertake to meet any legal conditions or obligations placed on you by any court of law including, should the need arise, removing yourself from any rehearsal as well as, but not limited to, any event, performance or social occasion. Where we identify that you have breached a legal obligation, we are entitled to cancel your membership and no refunds will be given in these circumstances.
PLEASE COMPLETE THIS FORM TO AGREE TO THE CODE OF CONDUCT
10. Unforeseen Circumstances
10.1 In the event of any unforeseen circumstances, events or causes beyond either party’s reasonable control, we will update the terms and conditions and our policies to cover any such events. We will notify you of any such changes, in writing, as soon as possible.
11 Additional Policies
11.1 By joining, you agree that photographic, motion picture, electronic (video) images and sound and video recordings may be taken of you as a member and used for advertising and marketing purposes in relation to The People’s Orchestra Ensembles.
11.2 Members and their families/friends will be permitted to film performances providing the venue allows such filming and there is no additional charge to by the venue to enable this facility. (When filming is not permitted either by the venue, your conductor/choir leader will advise you before the show date so that you can advise your friends and family that no filming is permitted.
11.3 Where filming is permissible, the following conditions must be met, and members will need to ensure that their families/friends are aware of these conditions of filming prior to the performance:
(a) The filming is for personal use only and cannot be for any purpose for which ANY form of charge is made either immediately following the show or at any point in the future. No permission will be granted to film or photograph the show for any professional or commercial purposes, except by prior arrangement and payment of a fee.
(b) If the film is to be posted on social media, it should not contain any content that causes distress, discomfort or any other issues for other members. In such circumstances, we request that any members who see any such content report this to us and we will request the footage to be removed.
(c) Whilst filming, consideration must always be given to the enjoyment of others in the audience and attempts must be made to not distract any of the participants of the shows. There should not be continual filming of the whole show and the camera used should be sufficiently small to not cause any nuisance to others, including blocking their view of any performance. No additional camera equipment is to be used (e.g. tripods or zoom lenses). Flash photography is not permitted.
(d) Immediate compliance is required should anyone be asked to stop filming by a staff member of The People’s Orchestra Ensemble or venue official.
(e) Children – any photos/film/recording of children or vulnerable adults must be in line with our Safeguarding Policy https://thepeoplesorchestra.com/wp-content/uploads/2018/11/TPO-Safeguarding-Policy-and-Procedures.pdf.
11.4 The People’s Orchestra Ensembles may record or video performances, rehearsals or interviews with its members, participants or audiences for broadcast or streaming on its social media platforms, website or YouTube channels. Broadcasts may later be released for download and/or as a CD or DVD, including products for commercial gain for the organisation. There is no monetary remuneration for members.
12. General
12.1 Neither party shall be in breach of this agreement nor liable for any delay in performing, or failing to perform, any of its obligations under the agreement if such delay or failure result from events, circumstances beyond its reasonable control.
12.2 These terms (as amended from time to time), along with any document or communication expressly referred to within them, constitute the whole agreement and understanding of the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these Terms.
12.3 We may assign or transfer the benefit of this agreement and our rights to a third party or future group within The People’s Orchestra Ensemble provided we give you notice and your rights under this agreement will not be prejudiced.
12.4 You cannot transfer this agreement to a third party outside of this agreement
12.5 Except as set out in this agreement, no variation of the agreement shall be effective unless it is in writing and approved by the parties.
12.6 This Agreement is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.
12.7 Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
