All Together Now T&Cs

ALL TOGETHER NOW LTD TERMS AND CONDITIONS

1. INTRODUCTION

1.1 These membership terms and conditions (agreement) set out the terms and conditions of your membership of All Together Now (“ATN”, we, us or our). It describes your and our respective rights and obligations in relation to your membership.

1.2 We may change the terms of this agreement at any time by posting details of the change on the member page of our website at www.alltogethernow.co.nz, or by sending an email to you advising you of the change. By continuing to be a member of ATN you will be bound by the amended terms.

1.3 If the terms of this agreement differ from anything that you may have been told, the terms of this agreement will apply unless you receive written confirmation from us otherwise.

2. MEMBERSHIP

2.1 You must be at least [16] to join as a member of ATN on your own. If you are under [16], a parent or guardian must complete your application form for you.

2.2 To become a member, you must complete your registration details on the member registration page, accept our Terms and Conditions, click on “Register” and pay the $10 non-refundable joining fee plus the applicable membership fee for the term on or before the due date for payment notified to you.

2.3 You will become a member once we notify you in writing that you are a member. This is usually in the form of you receiving a website login and password from our webmaster. We may decline to offer membership to any person at our sole discretion, without providing an explanation.

2.4 You may cancel your membership and receive a full refund of your term fees after attending one (1) rehearsal, provided that you inform us in writing before the following week's rehearsal that you wish to cancel your membership. You may not attend any further rehearsals without renewing your membership and paying your term fee again.

2.5 Other than clause 2.4 above, you may cancel your membership after paying your fees before the commencement of any membership term, provided that you inform us in writing that you wish to cancel your membership. We will then cancel your agreement and refund your membership fee. You may not cancel your membership after the commencement of any term other than in exceptional circumstances, and in this case, any refund of your membership fee will be made at our sole discretion. Please see our Membership Fees section below.

2.5 You will cease to be a member if you fail to pay your membership fee by the due date for payment or if this agreement is terminated in accordance with its terms.

3. MEMBERSHIP FEES.

3.1 We ask members to commit to a term, regardless of whether you can attend all rehearsals in that term. Fees are for membership of the choir and are calculated by term. They are not a pro rata exchange for rehearsal time. They give access to our website and resources, and support the organisation which provides your choir, as well as making available the weekly rehearsals.

3.2 Unless expressly set out in this agreement, we will not refund any membership fees to you once these have been paid. In particular, refunds will not be made for non-attendance at rehearsals or performances. A partial refund or transfer to the following term is for compassionate considerations can be requested, but will not be pro-rata for rehearsals missed, and is entirely at our discretion. In this situation, please email Kate to make a request.

3.3 You retain access to our website and resources for the full term for which you have paid the fees, regardless of attendance at rehearsals, and may also attend events such as Jamboree and Christmas busking. Participation in any concerts will be at the discretion of your Choir Leader and you will need to discuss the matter with them if you have missed a significant number of rehearsals. All obligations set out under Section 8 Materials below will continue to apply. In particular, note that you may not share music or website passwords without our written permission.

3.4 If you wish to take a break for a term, and wish to retain membership of that choir, including access to resources, a full will be charged for that term, You will retain access to website resources as usual, and have the option to attend any rehearsals if your plans change. You may also attend extra rehearsals at other locations for the balance of that term.

3.5 If you join the choir after the beginning of the term, a full fee will still apply.

3.6 Fees are due by the Monday of the week preceding the beginning of each new term. If payment is made after that date, we will charge you an administration fee of $10 in addition to your membership fee. If you are a member of a choir where membership is capped, and there is a waiting list, failure to pay your fees by the first rehearsal of the term may result in your place in the choir being offered to someone else. If you are having difficulties meeting the fees deadline, it is essential that you contact us ahead of the deadline to arrange terms.

3.7 When your membership is due to end, renewal is by paying the membership fees for the next term on or before the due date for payment. If you do not pay your membership fees on or before that date, you may lose your place in the choir.

3.8 We may increase your membership fees at any time with effect from the start of any term. We will inform you about any fee increases on our website or by email at least 2 weeks in advance of any such increase.

3.9 Our membership fee includes goods and services tax (GST). Any increase in GST may increase your membership fee.

3.10 From the beginning of 2023, our membership fee will also include a small levy for every member of ATN, to cover membership of the New Zealand Choral Federation, which charges us a rate per member of our organisation.

4. YOUR RIGHTS

4.1 As a member, and subject to compliance with the terms of this agreement, you will be entitled to join the choir that you chose to become a member of and attend your choir’s rehearsals and performances. Please check that you have a choir in your vicinity and that there is a place available before you pay your membership fee.

4.2 You acknowledge and agree that the quality and popularity of our choirs and their public performances rely on our members attending choir rehearsals and performances. Therefore, once you join a choir, you agree that you will use reasonable endeavours to attend all the choir’s rehearsals and performances.

4.3 If you are no longer able to attend your choir’s rehearsals and performances, please notify us at admin@thechoir.co.nz as soon as reasonably possible after you become aware that you will no longer be able to attend them.

4.4 You may apply to us in writing at any time to transfer from your current choir to another choir. Any such transfer may only be made with our prior written consent. If we agree that you may transfer to another choir, this will not affect your membership or any membership fees that you have paid to us. If the membership fee of the choir you wish to transfer to is higher than the membership fee of the choir you are transferring from we may ask you to pay the difference between the fees prorated for the remainder of the term concerned. If the Membership fees are lower at the choir you are transferring to, clause 3.2 applies.

5. YOUR OBLIGATIONS

5.1 You must comply with whatever Covid-19 controls that we may have in place from time to time, including, but not limited to the wearing of masks, sign-in procedures and social distancing. The current policies can be found on our Covid 19 page, here.

5.2 You must also inform us of any medical or other condition (physical, psychological or other) which may affect you singing in a choir, and of which we should reasonably be aware. Including (but not limited to):

(a) conditions which may, or may have the potential to, impact on your physical or mental safety

(b) conditions which may, or may have the potential to, impact the physical or mental safety of other members

(d) conditions which in our view impact your ability to participate as a functioning member of the choir

5.3 You will notify us as soon as you become aware of any infection or illness which may be contagious and put other members at risk.

5.4 You must promptly notify us about anything that affects your membership such as any changes to your contact details including, email address, and phone number.

5.5 You will behave at all times in an appropriate and respectful manner to your choir leader, and to other members, staff or anyone present in one of our events . Any breach of these conditions may result in immediate termination of membership, without further negotiation. In particular, you will not:

(a) behave in an offensive, harmful, loud or unruly manner (including by abusing, harassing or threatening any person);

(b) disrupt any rehearsals and performances of your choir; or

5.6 You will follow all reasonable directions and instructions of your choir leader at all times during rehearsals and performances.

5.7 We will notify you of any special clothing requirements for performances, and you acknowledge and agree that you may need to purchase special clothing at your expense in order to participate in a performance.

6. OUR RIGHTS AND OBLIGATIONS

6.1 We will provide our services under this agreement with all due skill and care.

6.2 We will endeavour to ensure that the same choir leader is available for your choir throughout any term. However, we reserve the right to change your current choir leader if your choir leader is unable to lead a rehearsal or performance or is unable to continue as the choir leader for any reason.

6.3 We may cancel any choir if we determine, at our sole discretion, that insufficient members have joined the choir. In this case, we will notify you of the cancellation and fully refund your membership fee. The refund will be calculated as a prorate of the number of rehearsals cancelled compared to the number expected in the term concerned.

6.4 You acknowledge and agree that we may need to cancel any rehearsal or performance, for example in the case of adverse weather conditions or the lack of a choir leader or substitute. In this case, we will meet our minimum number of rehearsals for that term (8) but might also run a replacement rehearsal or performance during or after the term, at our sole discretion, but no refund will be given to you in these circumstances.

6.5 If we need to change the location of any rehearsal or performance of your choir, we will notify you in advance of the change by email or on our members page of the website.

6.6 We reserve the right to refuse to accept your application to become a member. If we refuse your application, we do not need to notify you of the reasons for the refusal.

6.7 We reserve the right to terminate your membership at any time if we believe that your participation is adversely affecting the participation of other members. We do not need to notify you of a reason but undertake to act in good faith so that you understand what is necessary for you to regain your membership. Re-admittance to membership would be at our sole discretion. If we terminate your membership, we will refund your fees in full for the half-term in which it is terminated.

6.8 Broadly speaking, the lengths of our terms align with the NZ school term calendar and are between 8 and 10 weeks in duration. We reserve the right to vary term lengths at our sole discretion.

6.9 We reserve the right to exclude you from any rehearsal, either upon arrival or at any time during the rehearsal, if we believe that you are in breach of any of your obligations under Section 5 above. You must leave the rehearsal immediately you are requested to do so, but if you disagree with your exclusion you must notify the directors in writing within 7 days. We will discuss the matter with you in good faith but reserve the right to uphold your exclusion from that rehearsal.

6.10 We reserve the right to immediately terminate this agreement, by giving written notice to you of termination, if you breach this agreement. In this case, you will cease to be a member and will no longer attend rehearsals and performances of your choir. In this case, any refund of your membership fee will be made at our sole secretion.

7. LIABILITY

7.1 We will not be liable:

(a) for any loss or damage to your personal property (excluding where such loss or damage is due to our negligence) and you acknowledge and agree that you bring in your personal property at your own risk;

(b) for any loss or damage to you or your personal property which has been caused by a third party who is not connected with our services and facilities that we provide to you under this agreement; or

(c) for any loss or damage to you or your personal property which has been caused by events that are beyond our control and which could not have reasonably been foreseen or prevented.

7.2 Neither you nor we will be liable to the other for any consequential or indirect losses.

8. MATERIALS

8.1 You acknowledge and agree that we or our licensors own all intellectual property rights in and to any materials, concepts or arrangements that we provide or make available to you in connection with your membership (Materials). Nothing in this agreement has the effect of transferring any of these intellectual property rights to you or any other person. You will not challenge the ownership of us or our licensors (as applicable) of these intellectual property rights.

8.2 We grant to you a non-exclusive, non-transferable license to use any Materials during the Term solely for the purpose of performing with your choir in rehearsals and performances or otherwise to practise your singing for rehearsals and performances.

8.3 You will not copy, sell or otherwise make available to any person any Materials which we provide to you from time to time, except that you may make them available to another member of your choir with our prior approval.

8.4 We reserve the right to charge a fee for the use of the Materials.

8.5 No Materials will be made available to you until you are a member and have paid your membership fee.

8.6 You will safeguard the Materials at all times, and if they have been provided to you in physical form, you will return the Materials to us at the end of your membership term in the same condition as which they were provided to you (fair wear and tear excluded). If Materials have been provided to you in electronic form you will delete all copies that you have stored on any electronic device or physically destroy any copies you may have downloaded and printed when your Membership ends for any reason.

8.8 You will take reasonable care not to breach our copyright or that of others whose work we have purchased, by sharing music on Musescore.com or any other music notation website.

8.7 You will not share any passwords that we may give you as a member to access specific “members only” areas of our website. This includes other members of the choir, even if you believe them to be members in good standing. If your membership ceases at any time you will no longer use these passwords to enter password protected areas of our website.

9. PRIVACY

9.1 Upon registration and during each term, you will provide us with and we will collect and hold, your personal information. We will only collect, use, store and disclose your personal information in accordance with our privacy policy which can be found here on our website www.alltogethernow.co.nz.

9.2 By becoming a member, you acknowledge and agree that:

(a) we may from time to time film, video, photograph or record your choir during rehearsals or performances for our own business purposes;

(b) your image may appear in any such film, video, photograph or recording; and

(c) you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty-free, worldwide license to use your image in any such film, video, photograph or recording for the purposes described in clause 9.2(a) above.

9.3 You are permitted to film, video, photograph or record your choir only with our prior written approval, and provided that this is only used for personal and not for commercial purposes, does not contain any defamatory material, and does not infringe any other person’s intellectual property or other proprietary rights. In particular, you will not be able to sell, license or otherwise obtain any commercial gain from any such film, video, photograph or recording without our prior written approval.

9.4 You may not upload to social media or otherwise share any photographs, sound recordings or videos made during rehearsals with your choir, without our written permission.

10. COMPLAINTS

10.1 If you have a complaint regarding our services, or have any concerns or issues that you want to raise, you should email with details of your complaint to admin@alltogethernow.co.nz.