MONKEY MUSIC LIMITED TERMS & CONDITIONS OF BOOKING

These terms and conditions apply to the following Monkey Music experiences: workshops, complimentary classes, enrolment into regular classes, Beautiful Noise, and free promotional events, which you book online and which are provided by us or one of our franchisees to you.

From time to time there may be a promotion running, should a promotion or promotions be running, the terms and conditions which apply to the relevant promotion will be available to view under the heading ‘Promotion(s)' at https://www.monkeymusic.co.uk/terms-conditions.

Please read these terms and conditions carefully before placing your booking request. We recommend that you print and retain a copy for future reference.

These terms and conditions were last modified on December 19th 2023.

1. ABOUT US AND OUR FRANCHISEES

We are Monkey Music Limited and are registered in England and Wales under company number: 03155505. Our registered office is at 11/12 Thrales End Business Centre, Thrales End Lane, Harpenden, Hertfordshire, AL5 3NS. Our VAT number is 685 1332 30 and you can contact us using the contact details provided at paragraph 2 below.

Monkey Music is a franchised business. The Monkey Music experiences are mainly provided by our independent franchisees but in certain cases may be provided directly by us. Therefore when you book a Monkey Music experience we will confirm to you whether that Monkey Music experience will be provided by us or by one of our franchisees on the booking confirmation email sent to you once your booking request is accepted.  

Where a franchisee is providing the booked Monkey Music experience then references to “your franchisee” in these terms and conditions refers to that franchisee.

Our franchisees are independently responsible for the operation of their Monkey Music business and the provision of the Monkey Music experiences by them.

Therefore when you book a Monkey Music experience with one of our franchisees your contract is with that franchisee and not with us. Here your franchisee is solely liable for the Monkey Music experiences you purchase from them via our online booking system.

When you book a Monkey Music experience via our online booking system with one of our franchisees we are only accepting your booking request as agent on behalf of your franchisee unless we confirm that we will be providing the Monkey Music experience ourselves in which case your contract is with us.  

We are not liable for the acts or omission of your franchisee. Your booking is subject to these terms and conditions.

2. HOW TO CONTACT US OR YOUR FRANCHISEE

You can contact us by telephoning us on 01582766464 or by emailing us at hello@monkeymusic.co.uk or by writing to us at 11/12 Thrales End Business Centre, Thrales End Lane, Harpenden, Hertfordshire, AL5 3NS.

If your booking is with a franchisee - please direct any queries you have in respect of your booking to your franchisee not us. You can contact your franchisee using the details shown on your booking confirmation email and on the webpage or email link you used to make the booking request.

However if your booking is with us - please direct any queries you have in respect of your booking to us not a franchisee. You can contact us using the details shown on your booking confirmation email and on the webpage or email link you used to make the booking request.

If we or your franchisee have to contact you, then we or your franchisee will do so using the contact information listed in your account in the parent zone.

3. HOW TO BOOK

You can book a Monkey Music experience through our online booking system by adding the chosen Monkey Music experience to your online basket and completing the online checkout process (this submits your booking request for that Monkey Music experience) and making payment in accordance with these terms and condition. By placing a booking request you are confirming that you are at least 18 years old. If you are under 18 years old you are not permitted to place a booking request via this site.  

When completing a booking you must provide us with complete and accurate payment information.

4. WHEN A CONTRACT WITH US OR YOUR FRANCHISE IS FORMED

Acceptance of your booking request will only take place when we or your franchisee send the booking confirmation email to you to confirm the booking or when you attend the booked Monkey Music experience (whichever happens first). At that point, a contract will come into existence between you and your franchisee (or with us but only where we are providing the Monkey Music experience directly) which includes these terms and conditions.

If you do not receive a booking confirmation email, then please contact us or your franchisee (as applicable) using the contact details on their relevant webpage.

Where the person (referred to as “you” in these terms and conditions) making the booking is not the person who will be accompanying and having care and control of the child attending the booked Monkey Music experience (the carer) you are responsible for ensuring that the carer has read and complies with these terms and conditions and you are responsible for the carer’s behaviour and any breach of these terms and conditions by the carer.

If your franchisee is unable to accept your booking request your franchisee will inform you and no contract will be formed between you and your franchisee. If the booking request is for a Monkey Music experience which we are providing directly then we will inform you if we cannot accept your booking request and no contract will be formed between you and us.

In these circumstances you will not be charged or, if you have already paid for the booked Monkey Music experience you will be refunded the amount paid by you.

5. OUR RIGHTS TO MAKE CHANGES

We and/or your franchisee may have to occasionally change the Monkey Music experiences to reflect changes in relevant laws, health and safety requirements (including any social distancing requirements or guidelines) and regulatory requirements. These changes will not affect your use of the Monkey Music experiences.

If we or your franchisee make any change which affect your rights under these terms and conditions or your use of the Monkey Music experiences in any material way you will be notified when the relevant changes take effect and will be given the opportunity to end the contract before the changes take effect and receive a refund for any Monkey Music experiences paid for but not yet completed.

6. CAN YOU CHANGE YOUR BOOKING?

Monkey Music experiences are non-transferrable and cannot be transferred to another child.

If you wish to make a change to the time, date or venue of the booked Monkey Music experience or, your enrolment with Monkey Music more generally, please contact your franchisee or us – according to who you have booked your Monkey Music experience with. You will be informed if the change is possible. If it is possible, you will be notified about any changes to the price of the Monkey Music experience, the timing of supply or anything else which would be necessary as a result of your requested change and you will be requested to confirm whether you wish to go ahead with the change. If the requested change cannot be made or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 13 below). However, where we or your franchisee is not at fault and you are not within the cancellation period a deduction may be made from any refund due to you to compensate your franchisee for the loss incurred as a result.

7. WHERE CAN YOU FIND THE PRICE?

The price of the Monkey Music experience will be the price shown prior to check-out.

All reasonable care is taken to ensure that the price shown for each Monkey Music experience is correct at the time of booking. Despite this, it is possible that some of the Monkey Music experiences may be incorrectly priced when you place your booking request. The price is usually checked before your booking request is accepted. If the correct price for the Monkey Music experience at the date you submit your booking request is less than the price which has been shown or notified to you when making your booking then the lower amount will be charged. If the correct price is higher than the price shown or notified to you when booking, you will be contacted for your instructions before your booking request is accepted.  

Where you are already enrolled with Monkey Music for terms of classes then the price for the next term of classes will be notified to you by email in advance of the next term and, you will have an opportunity to cancel (see paragraph 10 below).

Prices are inclusive of VAT (where VAT applies). If the VAT rate changes between the date of your booking request and the date the booked Monkey Music experience is provided and, you have not already paid the price, then we will adjust the rate of VAT that you pay. This may result in a refund or you paying an additional amount to your franchisee.

We may need to increase the recurring price of enrolment from time to time (we will not do so mid-term). If we do, then you will be provided with at least 40 days advance notice of any proposed price increase with details of when it will take effect and you will be given the opportunity to cancel your automatic re-enrolment. If you do not cancel your enrolment by the date given to you in the notice, then the recurring price of your re-enrolment will be increased in accordance with our notice.  

8. WHEN YOU MUST PAY AND HOW MUST YOU PAY

Details of the available payment method(s) are set out on our or your franchisee’s payment page of the website.

When you make a booking with your franchisee - we make this online booking service available to you on behalf of our franchisees and your payment is made directly to your franchisee (whose details are shown on the payment page and confirmed in the booking confirmation).  Equally any other payments to be made by you or chargebacks or refunds owed to you in respect of any booking you make will be processed and made by your franchisee in accordance with these terms and conditions.

You will not be charged by us or your franchisee to attend a free promotional event.

Beautiful Noise

Please see the terms in relation to Beautiful Noise set out in paragraph 25 below.

Workshops

You must pay the full price of the workshop when booking and before you or any carer attends the workshop with the child. The maximum number of children permitted to attend the workshop with you or your carer at the same time is usually 3 but we or your franchisee can vary (including reduce) this number from time to time to help ensure compliance with health and safety guidelines or the safety of other attendees. Please speak to us or your franchisee (depending on who is providing the booked Monkey Music experience) in advance if you or your carer wish to bring more children than shown on the booking to see if your franchisee can accommodate this request.

Complimentary class

Any child who has not attended a Monkey Music class before is offered the option to try a complimentary class (accompanied by you or their carer) before you decide whether to book for that child to attend a term of regular classes. There is no charge for this complimentary class but it should be booked via our online booking system. Please note this offer is not available for any child who has previously attended a Monkey Music class.

The maximum number of children permitted to attend a complimentary class with you or your carer at the same time is usually 3 but we or your franchisee can vary (including reduce) this number from time to time to help ensure compliance with health and safety guidelines or the safety of other attendees. Please speak to your franchisee in advance (or us if we are providing the class directly) if you or your carer wish to bring more children than shown on the booking to see if your franchisee can accommodate this request.

If you attend a complimentary class without previously booking and there is space in that class, then we or your franchisee (as applicable) may in their discretion allow you or the carer to attend that class with the child but, that child will not be entitled to a further complimentary class.

If you attend a complimentary class then (subject to availability) a provisional place will be held for up to 2 working days after the complimentary class for the child who attended the complimentary class to attend for the remainder of the term of classes. If you wish to book for the remainder of the term of classes then your booking must be made within the 2 working days following the complimentary class (via the online booking system) and payment made at the same time (and received by your franchisee or us (as applicable) by the end of any provisional booking period) in accordance with these terms and conditions.  

If you do not book for the term of classes within the 2 working day period and make payment in accordance with these terms and conditions then the provisional place will be cancelled.

Enrolment – terms of regular classes

Where you are eligible to attend a complimentary class you can still submit a booking request for a term of regular classes without first attending the complimentary class. In this event, the first class of the term you have booked will not be charged for and the price you pay will include a discount to reflect this. The maximum number of children permitted to attend a regular class with you or your carer at the same time is usually 3 but we or your franchisee can vary (including reduce) this number from time to time to help ensure compliance with health and safety guidelines or the safety of other attendees. Please speak to us or your franchisee (depending on who you have booked with) in advance if you or your carer wish to bring more children than shown on the booking to see if your franchisee can accommodate this request.

Payment – upfront per term or monthly

The price for a term of classes may be paid in full before the first class of that term at the time you make your booking (and then before each subsequent term of classes) or through a monthly subscription in which case the price you pay each month is equal to the value of the classes booked in that month.  

In each case you will need to confirm that you authorise us, or your franchisee, to deduct from the credit or debit card you have provided the details of when booking, (as may be updated by you) the payments due at the outset for each term or month (depending on your chosen method of payment). If you are paying on a monthly subscription basis then the amount deducted will vary depending on the number of weeks and the number of classes of the type you have booked that are running during that month. You will be asked to provide this confirmation at the point of completing your booking order and will be given the choice of payment method at checkout.

9. AUTOMATIC RE-ENROLMENT

By joining Monkey Music and enrolling for a term of regular classes, you acknowledge that your enrolment is for the ongoing Monkey Music experience and on an initial and recurring basis.

Therefore unless your enrolment is ended in accordance with these terms and conditions, it will continue and you will be automatically re-enrolled in the next term of classes. This means you will continue to be charged via the payment method you choose when you first booked for each re-enrolment indefinitely and without further authorisation from you.

Automatic re-enrolment is charged for on a monthly basis therefore if you chose to pay for terms of classes upfront when first booking and wish to continue to do so for each further term you are enrolled for then you will need to log into your account on the parent zone and opt to pay for the term of classes upfront. Where you do so then the termly payment is due on the first day of the month in which each term commences. For monthly payments, each recurring monthly payment will be taken on the first business day of the month for the number of classes that relate to that booking in that month.

Payments taken for a term (or a month) are non-refundable except in accordance with these terms and conditions.

If for any reason your payment cannot be taken when due then until such payment has been settled, further attempts will be made to take the missed payment. This means that we may collect both the payment falling due and any / all missed payments from you on the same date, if you have missed a payment. If for any reason any payments remain outstanding after the final payment under this agreement falls due, we or your franchisee (as applicable) will contact you directly to collect all outstanding payments from you.

Even where we try to take a missed payment again, payments are not received from you when due or any payment authorisation is cancelled by you (except in accordance with these terms and conditions) then your enrolment to the Monkey Music experience can be immediately terminated or suspended (see paragraph 11 below) and you must pay the sums that you owe and have not paid. These sums may include the fees for the remainder of the term of classes where the contract with you has been ended early (please see paragraph 16 below).

10. CANCELLING YOUR AUTOMATIC RE-ENROLMENT

You will receive a reminder at least 40 days before the date that the next term of classes is due to commence to give you an opportunity to cancel your enrolment.

So that we can allocate spaces in the classes, you must give at least one month’s advance notice to end your automatic re-enrolment in the Monkey Music experience. This notice must be given by you on or before the 1st of the month prior to the month your next payment is due.  For example if payment is due on 1st January we must receive notice of cancellation by no later than 1st December (i.e. the month before).

11. RIGHT TO SUSPEND FOR FAILURE TO PAY

If you do not pay for your booked Monkey Music experience on time then (in addition to the right to recover payment from you or to terminate the contract) we or your franchisee can suspend the supply of the booked Monkey Music and refuse you (and any child booked onto that Monkey Music experience) admittance to that Monkey Music experience until you have paid the price due.

12. PROVIDING THE MONKEY MUSIC EXPERIENCES

During the booking process you will be informed of when the booked Monkey Music experiences will be provided and these will be supplied to you until completed unless you end the contract early (see condition 13 below) or we or your franchisee as applicable) ends the contract early (see condition 16 below).

You may be required to provide certain information so that the booked Monkey Music experience can be provided. If so, this will have been requested in the registration process. You may be asked to keep up-to-date any information that you have provided on registration and your franchisee or we may contact you for this information. If you do not provide this information within a reasonable time of being requested to do so, or if you provide incomplete or incorrect information, we or your franchisee (as applicable) may either end the contract or charge you a reasonable fee to compensate for any extra work that is required as a result.

Neither we nor your franchisee (as applicable) will be responsible for any delay or failure in providing you with the booked Monkey Music experiences where this is due to your actions or failure to provide the information requested on time or where we or your franchisee is accommodating your request to make a change to your booking.

We or your franchisee (as applicable) must provide the booked Monkey Music experience with reasonable skill and care and use reasonable efforts to promptly remedy any faults of which we or your franchisee becomes aware. However we do not provide any promises or warranties about our website or that access to our booking service will be uninterrupted or error free.

From time to time, for those customers who are enrolled into regular weekly classes and who miss a weekly class, we or your franchisee as applicable may make online content ‘Cheer Up Monkey Content’ available to you to access for a limited period of time.  

To be able to view the online Cheer Up Monkey Content, you must have a compatible device and an active broadband internet connection or mobile network connection. It is your responsibility to ensure that your equipment, systems and connection are suitable.  We are not responsible in any way for your ability to view the Cheer Up Monkey Content.

You are responsible for any costs and other charges or expenses charged by your internet service provider or network operator in relation to your internet service, your mobile service and any use of the Cheer Up Monkey Content.

You must not access or use the Cheer Up Monkey Content in any way that breaches any applicable local, national or international law or regulation and you must view, use and display the Cheer Up Monkey Content for personal purposes only and in accordance with these terms and conditions. Cheer Up Monkey Content may not be used in connection with any commercial purposes, except as specifically approved by Monkey Music.

All intellectual property rights in the Cheer Up Monkey Content shall remain at all times the property of Monkey Music or our licensors (if applicable). The names, images and logos identifying us are proprietary marks and may not be removed, reproduced or otherwise used without our prior permission in writing.

You must not (without prior consent) copy (including filming, recording and/or downloading), distribute, publish, alter, adapt, create derivative works from, or otherwise use the Cheer Up Monkey Content, either in whole or in part, nor share or otherwise allow access to the Cheer Up Monkey Content with anyone else.

We reserve the right to suspend access to all or part of the Cheer Up Monkey Content indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.

You agree to compensate us for any loss or damage we suffer as a result of any claim made by another person or entity, which arises from your unauthorised use of the Cheer Up Monkey Content or your violation of any applicable law or regulation.

We reserve the right to alter, remove or update the Cheer Up Monkey Content and the Cheer Up Monkey Content is provided for your use "as is" without any warranty (whether express or implied) of any kind.

13. YOUR RIGHT TO CANCEL

Beautiful Noise

Please see the terms in relation to Beautiful Noise set out in paragraph 25 below.

Complimentary classes and free promotional events

Complimentary classes and free promotional events can be cancelled at any time and there will be no right to a refund (as they are free of charge).

Workshops and Enrolment into regular classes

You can cancel your booking at any time within 15 calendar days from the date the contract between you and us or your franchisee is first formed (see paragraph 4) if you have not had face to face contact with us or your franchisee when making that booking. This is referred to as the cancellation period in these terms and conditions.

How to cancel

To exercise your right you must inform your franchisee (or us where your contract is with us) in writing of your decision to cancel within the cancellation period.

Important please read as it affects your ability to cancel.

If you start or attend your booked Monkey Music experience during and before the end of the cancellation period (e.g. attending regular classes within the cancellation period) and then subsequently exercise your right to cancel because the cancellation period is still running, you must pay the cost of the Monkey Music experiences (including any classes) which have been provided to you up until the date you exercised your right to cancel.

If you start or attend your booked Monkey Music experience during the cancellation period and it finishes during this cancellation period you will lose the right to cancel and no refund will be made.

14. YOUR OTHER RIGHTS TO END THE CONTRACT

Where we or your franchisee have done something wrong

In addition to your ability to cancel your automatic re-enrolment detailed in paragraph 10 above and your right to cancel in any cancellation period, you also have the right to get your booked Monkey Music experience re-performed or refunded or to end the contract if we or, your franchisee, have failed to comply with these terms and conditions or if what you have bought is mis-described or not carried out with reasonable skill. If you are ending the contract in these circumstances you must notify us or your franchisee (as applicable) and the contract will end on receipt of your notice.  If you are correct then you will be refunded the price you have paid for the terminated Monkey Music experience after any deductions we or your franchisee (as applicable) is entitled to make.  You may also be entitled to compensation in certain circumstances where you are terminating as a result of something we or your franchisee (as applicable) has done wrong.

Terminating your enrolment

In addition to the above you can still end your enrolment for terms of regular classes with Monkey Music on giving at least one month’s prior written notice to be received by us or your franchisee by 1st day of the month prior to the month your next payment is due (see below for further details).

For those paying upfront for the term: If you have opted to pay the price of the term of classes upfront this means that notice must be received by us or your franchisee by 1st day of the month prior to the month the next term is due to start. If you seek to terminate the contract before this date we or your franchisee (as applicable) will try to fill the place(s) you have booked with other customers but if we or your franchisee is unable to do so then you may not be entitled to a refund.

For those paying monthly. If you have chosen to pay monthly then notice must be received by the first day of the month prior to the month your next payment is due.

Provided your notice to terminate has been received by us or your franchisee (as applicable) by the 1st of the month before the next payment is due then the contract will end and you will not be required to pay the next payment.

How to end your contract (including where you have changed your mind).

If you wish to end the contract you can do so by emailing the email address or writing to the address provided to you in the booking confirmation email and you should include your name, home address, details of your booking and, where available, your phone number and email address. Alternatively you can print off and post or email to the email or postal address shown in the booking confirmation email a completed model cancellation form available here https://wwwapi.monkeymusic.co.uk/Home/Terms+and+Conditions/Cancellation+Form/.

15. REFUNDS

Any refunds due to you will be made as soon as possible. If you are exercising your right to terminate within the cancellation period and are entitled to a refund it will be processed no later than 14 days after the date on which your notice to cancel was received. Please note an amount for the supply of any Monkey Music experiences to you during the cancellation period may be deducted from your refund. The deduction will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

Any refund which is due for any membership pack you received as part of the membership of the Monkey Music Club will be refunded in accordance with paragraph 24 below; and

All refunds will be issued using the same method you used for payment unless you expressly agree otherwise.

16. OUR AND YOUR FRANCHISEE’S RIGHTS TO END THE CONTRACT

We or our franchisee (as applicable) may end the contract with you at any time with immediate effect by notifying you if you are in breach of these terms and conditions at any time and (where we or your franchisee believe you can cure that breach) you have not done so within the time period required by us or your franchisee.

Where the contract with you is ended in these circumstances your enrolment and right to attend Monkey Music experiences together with membership of the Monkey Music Club will cease with effect from the date of the notice informing you of termination.  We or your franchisee is entitled to charge a reasonable compensation for the losses incurred as a result of that termination (for example the inability to fill your child’s place for the remainder of the term). If you have paid the price for the booked Monkey Music experience upfront this charge can be deducted from that refund, if you have chosen to pay monthly then you may be liable to pay an additional sum by way of compensation.  

17. EVENTS OUTSIDE OF OUR OR YOUR FRANCHISEE’S CONTROL

If all or any part of any Monkey Music experiences at a venue has to be suspended or delayed by an event outside our or your franchisee’s control, for example: teacher illness or absence, unavailability of the venue, widespread illness or lockdown measures being imposed, you will be contacted as soon as possible (usually by either email or text message) to let you know. In these circumstances we or your franchisee has the right to:

- substitute the experience with a materially equivalent experience including through livestream or recorded content;

- in the event of teacher illness or other teacher absence, substitute another teacher/teachers in their place;

- re-schedule and offer a venue experience on an alternative date at no extra cost to you.

- Where you are unable to attend the re-scheduled venue experience on the alternative date offered, subject to you notifying us or your franchisee (depending on who you booked with) in writing that you cannot attend (such notification from you must be received by us or your franchisee (as applicable) within 7 days of the date of the email confirming the re-scheduled date) then you will receive a credit to the value of the missed Monkey Music experience. This credit will be automatically redeemed when your next payment is taken.  If the credit has not been redeemed by the first business day of the next term of regular classes then you will be refunded the value of the credit. Provided this occurs neither we nor your franchisee shall be liable for any loss, damage or expenses whatsoever arising from such suspension or delay caused by the event.  If you do not attend the re-scheduled Monkey Music experience and do not notify us or your franchisee that you will not be attending (as described above) then no credit and no refund will be due or owing to you.

Where such substitution or alternative offering has been made then neither we or your franchisee will be liable and no discount or refund will be available for any such substitution or re-scheduled event.

If however there is a risk of substantial delay to the Monkey Music experiences re-commencing of more than 28 days and no substitution can be offered, you have the choice to end the contract and receive a refund for any Monkey Music experiences you have paid for but which have not yet been performed.

18. HOW TO NOTIFY OF A PROBLEM WITH A MONKEY MUSIC EXPERIENCE

If you have any questions or complaints about any Monkey Music experience, please contact your franchisee (or us depending on who your contract is with) using the contact details set out in your booking confirmation email.

19. YOUR RESPONSIBILITY

You promise and represent to us and your franchisee that:

- the information you provided at the time of booking via the online booking system is complete and accurate and that any changes will be notified to us and your franchisee immediately;

- when attending any Monkey Music experience, neither you nor any carer or the child attending the Monkey Music experience will knowingly be suffering from any infectious or contagious disease(s);

- when attending any Monkey Music experience neither you nor any carer will use any photographic or recording equipment;

- the child attending the Monkey Music experience will be accompanied either by you or your carer and will be under the direction, care and control of you or your carer at all times and that you or your carer are solely responsible for the child’s welfare and conduct at and during the Monkey Music experience;

- you agree to comply with and will ensure any carer attending the Monkey Music experience will comply with all health and safety rules and procedures in place at the venue where the Monkey Music experience is delivered;

- you agree to compensate your franchisee on demand for any and all loss, liability, costs and expenses which your franchisee may suffer or incur as a result of any breach of this condition 19 by you or your carer.

20. WE ARE NOT MEDICALLY TRAINED

Whilst we give you the option to provide us with information about your child’s health and needs so that we and your franchisee is better prepared to provide the Monkey Music experience more generally, you acknowledge that neither we nor our franchisees and their staff are medically trained and are not qualified to assess whether you or your child are fit and well enough to take part in the Monkey Music experience. Please contact your GP if you are in any doubt before starting a Monkey Music experience. Also if you or your child feels unwell before or during a Monkey Music experience, please let your franchisee (or us if we are providing the Monkey Music experience directly) know as soon as possible.

21. RIGHT TO EXCLUDE

You, your carer and any child accompanying you or your carer may be excluded from any Monkey Music experience being delivered at the venue where the Monkey Music experience is being performed either permanently or for such period as we or your franchisee specify if in our opinion or that of your franchisee (as applicable) the behaviour of you or your carer or any child attending the Monkey Music experience with you or your carer is unacceptable, detrimentally disruptive to any class or puts other children or adults attending the Monkey Music experience at risk or disruption. In these circumstances and where the exclusion is temporary the price you have paid will not be refunded for the excluded period but we or your franchisee (as applicable) will re-commence the Monkey Music experience as soon as we or your franchisee is able to do so. If the exclusion is permanent or you decide you wish to cancel the contract, you will be refunded any price paid by you in advance that relates to the part of the Monkey Music experience not yet performed.

22. EXCLUSIONS OF LIABILITY – please read

Where you contract with your franchisee – they are responsible to you for foreseeable loss and damage caused by your franchisee if your franchisee fails to comply with these terms and conditions or fails to use reasonable care and skill.

Where you contract with us – we are responsible to you for foreseeable loss and damage caused by us if we fail to comply with these terms and conditions or fail to use reasonable care and skill.

Neither your franchisee (nor we) are responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, your franchisee (and where applicable we) and you knew it might happen (for example, it was discussed with you during the sales process).

Neither we nor your franchisee excludes or limits in any way our liability to you where it would be unlawful to do so. This includes liability for: death or personal injury caused by your franchisee’s negligence or the negligence of employees, agents or sub-contractors of your franchisee; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Monkey Music experiences, including the right for the Monkey Music experiences to be supplied with reasonable skill and care.

We and our franchisees only supply the Monkey Music experiences for domestic and private use and enjoyment and therefore neither we nor our franchisees will have any liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

23. YOUR LEGAL RIGHTS

As a consumer, you have legal rights in relation to the Monkey Music experiences. Advice about your legal rights is available from your local Citizens' Advice Bureau. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk. Nothing in these terms and conditions will affect these legal rights.

24. MONKEY MUSIC CLUB

When you book regular classes for the first time for a child then you will also be required to purchase membership of the Monkey Music Club for that child (for a one off membership fee in the amount specified by your franchisee at the date of submitting your booking request). Discounts from the full price membership may be offered for subsequent children in the same family when they join the Monkey Music Club.

Membership of the Monkey Music Club will continue for 7 years following the first Monkey Music Club membership registration. Please contact us or your franchisee (as applicable) for further details of the benefits of the Monkey Music Club membership.  

From time to time Monkey Music online content ‘Family Time Content’ may be made available to Monkey Music Club members to access in the Monkey Music Club member area of the Monkey Music website.  To view the Family Time Content you must have a compatible device and an active broadband internet connection or mobile network connection. It is your responsibility to ensure that your equipment, systems and connection are suitable. We are not responsible in any way for your ability to view the Family Time Content.

You are responsible for any costs and other charges or expenses charged by your internet service provider or network operator in relation to your internet service, your mobile service and any use of the Family Time Content.

You must not access or use the Family Time Content in any way that breaches any applicable local, national or international law or regulation and you must view, use and display the Family Time Content for personal purposes only and in accordance with these terms and conditions. Family Time Content may not be used in connection with any commercial purposes, except as specifically approved by Monkey Music.

All intellectual property rights in the Family Time Content shall remain at all times the property of Monkey Music or our licensors (if applicable). The names, images and logos identifying us are proprietary marks and may not be removed, reproduced or otherwise used without our prior permission in writing.

You must not (without prior consent) copy (including filming, recording and/or downloading), distribute, publish, alter, adapt, create derivative works from, or otherwise use the Family Time Content, either in whole or in part, nor share or otherwise allow access to the Family Time Content with anyone else.

We reserve the right to suspend access to all or part of the Family Time Content indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.

You agree to compensate us for any loss or damage we suffer as a result of any claim made by another person or entity, which arises from your unauthorised use of the Family Time Content or your violation of any applicable law or regulation.

We reserve the right to alter, remove or update the Family Time Content and the Family Time Content is provided for your use "as is" without any warranty (whether express or implied) of any kind.

Should you wish to delete your Monkey Music Club registration at any time, please contact your franchisee. If your agreement is with us and you wish to delete your Monkey Music Club registration, please contact us.  If the contract with you is terminated early in accordance with these terms and conditions then your child’s membership of the Monkey Music Club may also end.

Where you are exercising your right to terminate the contract during the cancellation period then you will also be entitled to a refund of the Monkey Music Club membership fee which you have paid subject to the following:

- where the Monkey Music Club membership pack has been provided to you, you must return the membership pack unopened and all items in it to your franchisee or us (as applicable) either in person or by post within 14 days of telling them or us that you wish to end the contract. You must pay the costs of return.

- Your refund of the Monkey Music Club membership fee will be reduced to reflect any reduction in the value of the items in the membership pack if this has been caused by your handling them in a way which would not be permitted in a shop. For hygiene reasons there will be no refund to the cost of any clothing provided in the membership pack which has been worn.

If you are terminating the contract during the cancellation period your refund of the Monkey Music Club membership fee will be made within 14 days from the day on which the membership pack is received from you or, if earlier, the day on which you provide evidence that you have sent the membership pack back. If you are refunded the membership fee before your franchisee or we (as applicable) is able to inspect the membership pack being returned and it is later discovered that you have handled the items in the membership pack in an unacceptable way, you must pay an appropriate amount to compensate for the loss in value of these items.

25. BEAUTIFUL NOISE

When you book the Beautiful Noise programme you are signing up to a programme of 5 sessions, 3 of which are provided face-to-face as a “class” and 2 of which are provided in the form of an online pre-recorded “session”.

The Beautiful Noise programme begins with a class.  After the first class you will receive access to the second part of our programme which is a session. The third part of the programme is another class, after which you will receive access to the second session (which is the fourth part). The fifth and final part is a class.

You will have access to the pre-recorded online sessions for 2 weeks from the time we provide you with access. During that time, you can watch the session as many times as you would like.

As part of the Beautiful Noise programme, you are required to purchase the kit bag containing instruments and a sensory prop (the Kit) so that you can participate in the sessions. This will be provided at your first class. The Kit is intended to be used by an adult and the child must be supervised at all times.

When you sign up for the Beautiful Noise programme, you acknowledge that you are purchasing a 5-part programme. You must attend at least the first class (and ideally all of the programme) and you cannot join the programme part way through.

The Beautiful Noise programme is aimed at younger children and therefore, your child must be no more than 16 weeks old when they attend the first part of the programme (the first class).

To be able to view the online Beautiful Noise sessions (Beautiful Noise Content), you must have a compatible device and an active broadband internet connection or mobile network connection. It is your responsibility to ensure that your equipment, systems and connection are suitable before you decide to make a booking. We are not responsible in any way for your ability to view Beautiful Noise Content.

You are responsible for any costs and other charges or expenses charged by your internet service provider or network operator in relation to your internet service, your mobile service and any use of Beautiful Noise Content.

You must not access or use Beautiful Noise Content in any way that breaches any applicable local, national or international law or regulation and you must view, use and display the Beautiful Noise Content for personal purposes only and in accordance with these terms and conditions. Beautiful Noise Content may not be used in connection with any commercial purposes, except as specifically approved by Monkey Music.

All intellectual property rights in the Beautiful Noise Content shall remain at all times the property of Monkey Music or our licensors (if applicable). The names, images and logos identifying us are proprietary marks and may not be removed, reproduced or otherwise used without our prior permission in writing.

You must not (without prior consent) copy (including filming, recording and/or downloading), distribute, publish, alter, adapt, create derivative works from, or otherwise use the Beautiful Noise Content, either in whole or in part, nor share or otherwise allow access to your booking or the Beautiful Noise Content with anyone else who has not paid or registered for the Beautiful Noise Content which is the subject of the booking.

We reserve the right to suspend access to all or part of the Beautiful Noise Content indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.

You agree to compensate us for any loss or damage we suffer as a result of any claim made by another person or entity, which arises from your unauthorised use of the Beautiful Noise Content or your violation of any applicable law or regulation.

We reserve the right to alter, remove or update the Beautiful Noise Content and the Beautiful Noise Content is provided for your use "as is" without any warranty (whether express or implied) of any kind.

Cancellation of Beautiful Noise

You can cancel your Beautiful Noise programme at any time within 15 calendar days from the date the contract between you and us or your franchisee is first formed (see paragraph 4) if you have not had face to face contact with us or your franchisee when making that booking. This is referred to as the Beautiful Noise cancellation period. In these circumstances and if you have not started or attended any part of your booked Beautiful Noise programme, a full refund will be issued.

If you start or attend your booked Beautiful Noise programme during and before the end of the Beautiful Noise cancellation period (e.g. have attended a part) and then subsequently exercise your right to cancel because the Beautiful Noise cancellation period is still running, you must pay the cost of the Beautiful Noise programme parts which have been provided to you up until the date you exercised your right to cancel and you acknowledge that the Kit is non-refundable.

If you cancel after the end of the Beautiful Noise cancellation period but before starting or attending any part of your booked Beautiful Noise programme, in these circumstances, a refund will be issued for the Kit and a credit will be issued (equal to the value of the 5 cancelled parts of the Beautiful Noise programme) which can be used on any Monkey Music experience. The credit will be valid for 6 months from the date of issue, after which it will expire.  

26. HOW YOUR PERSONAL INFORMATION WILL BE USED

We and your franchisee will use the personal information you provide to us and your franchisee strictly in accordance with the terms of the relevant Privacy Notice, including in accordance with the privacy choices you make in the Parent Zone. Our Privacy Notice is available to be viewed on our website at https://www.monkeymusic.co.uk/privacy-notice. The Privacy Notice for your franchisee is available to be viewed on their webpage on our website.

27. GENERAL

Giving Notice: Other than those notices provided for in paragraph 13, any notices to be sent under these terms and conditions shall be sent by pre-paid first class post or hand delivered to the address of the recipient and shall be deemed to have been received by the addressee within 48 hours of posting if sent by post, and immediately if hand delivered.

Transfer: We or your franchisee may transfer our rights and obligations under these terms and conditions to another organisation. We or your franchisee (as the case may be) will contact you to let you know if we plan to do this. If you are unhappy with the transfer because you feel that the service you are now receiving is not the same then you may contact us or your franchisee (as the case may be) to end the contract within 14 days of being notified of it and your franchisee will refund you the price you have paid in advance for Monkey Music experiences not provided.

You may only transfer your rights or your obligations under these terms and conditions to another person if we and your franchisee agree to this in writing.

Child protection policy: We and our franchisees operate in accordance with a child protection policy. This is available to view on request.

Severability: Each provision of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms and conditions will remain in full force and effect.

English language: These terms and conditions and any contract formed in accordance with them are in the English language only.

Entire Agreement: These terms and conditions constitute the entire agreement between you and your franchisee (for whom we are acting as agent) and (where we are providing the Monkey Music experience directly) between you and us and supersede all prior agreements and understandings between you and your franchisee and us.  No statement or promise alleged to have been made and which is not contained or referred to in these terms and conditions shall be binding or form part of them.

Contract: This contract is between you and your franchisee or us (where we are providing the Monkey Music experience directly) in respect of the booked Monkey Music experience and no-one else. Except for your franchisee that can enforce these terms and conditions in order to benefit from them, no other person, organisation or entity of any kind shall have any rights to enforce any of these terms and conditions.  None of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms and conditions.

Waiver: If we or your franchisee does not insist immediately that you do anything you are required to do under these terms and conditions, or delays in taking steps against you where you break your contract with your franchisee or us, this does not mean that you do not have to do those things and it will not prevent your franchisee or us from taking steps against you at a later date.

Governing law: These terms and conditions shall be governed by and construed in accordance with English law and the courts of England shall have non-exclusive jurisdiction. If you are a resident of Northern Ireland you may choose to bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may choose to bring proceedings in Scotland.