PB IBIZA – CAN BLAU MUSIC
Terms and Conditions for Point Blank Music Courses
(version 3 - 8 February 2024)
1. This Agreement
All courses, studios, equipment and materials are owned, created, operated and/or managed by Point Blank Limited (“Point Blank”), a company registered in England with its trading address at 23-28 Penn St, London N1 5DL. This Agreement is between Point Blank and you (“you” or the “Student”). If you are under 18 years of age you will need the permission of your parent/guardian to enter into this Agreement and/or register for Point Blank courses.
2. International Students
Point Blank Ibiza welcomes students from all over the world. If you are applying from a non-EU country, you may require a student visitor’s visa which entitles you to study in Spain. Responsibility for securing any required visa (including meeting criteria) rests with the individual student and Point Blank shall have no liability for applications that are unsuccessful. Where an international student has not been successful in securing a visa, the deposit (referred to in Clause 3 below) will not be returnable, though the balance of the course fees will be refunded.
3. Travel and Accommodation
Students are responsible for all booking, arrangements and payment for travel to and from Ibiza, and for all accommodation and ground transport to and from the Point Blank Ibiza premises whilst attending the course. Ground transport between the course premises and certain local hotels may be available from third party providers if posted on the website.
4. Deposit and Course Fees
Deposit fees are non-refundable. Full payment (including the non-refundable Deposit Fee) must be received at least fourteen (14) days prior to the commencement of the course you wish to take. Payment by instalments is not possible for Point Blank Ibiza Can Blau music courses.
4. Payment
Payment for Point Blank Ibiza Can Blau music courses can be made only via www.pointblankmusicschool.com, using the payment methods available on that site from time to time. In the event that you fail to make full payment at the time of booking (for any reason, including unforeseen circumstances such as a card becoming invalid there) your booking will not be confirmed, and an administration charge may be payable. For exact prices and details, refer to specific course fees at www.pointblankmusicschool.com.
5. Refunds
Refunds may be given only at the sole discretion of Point Blank. Deposit fees are non-refundable.
6. Location of Courses
The Point Blank Ibiza music courses are delivered at the location specified on the website. Please refer to your individual course details on the website at the time of booking and again shortly before the start of your course. Students should re-confirm the location and timing of their course 2-4 weeks before the start of the course.
7. Access to Studios
Every Point Blank student on an Ibiza-based course shall be given access to some practice time at the Point Blank Can Blau music school in Ibiza, pending availability and under the following terms: students must book in advance at the school during the course. At peak times, students may be subject to a waiting list. It is compulsory to ring in advance to book practice time.
Point Blank will use reasonable endeavours to honour all bookings but reserves the right to cancel booked practice time for any reason at any time. In any such case (or where the practice time is cancelled by the student on not less than twenty-four hours’ notice, Point Blank will attempt to notify the student and re-book at a mutually convenient time. Point Blank shall have no liability for providing any specific, or total amount of, practice time.
8. Use of Point Blank Property
a) Each student is responsible for ensuring that no Point Blank equipment or property is damaged, lost or stolen as a direct or indirect result of their own action or failure to act appropriately.
b) With prior permission of Point Blank in each case (and not during class times), a student may bring up to one guest onto Point Blank premises (and the student shall ensure his/her guest observes all Point Blank terms and rules, including those relating to Health & Safety and Security). The student will be solely responsible for the actions and omissions of any guest brought on to the Point Blank premises.
c) In the event that any Point Blank equipment or property is damaged, lost or stolen as a direct or indirect result of negligent action or failure to act appropriately by any student or guest, the student agrees to pay all reasonable costs in full including replacement or reparation of such damaged property.
d) For the avoidance of doubt, no Point Blank property may be removed from the premises without the express prior consent of Point Blank in each case.
e) Point Blank shall not be responsible for any damage to, or loss or theft of, any student’s (or any guest’s) personal belongings).
9. Absence, Cancellation and Refunds
a) Absence from a scheduled session (or number of sessions) will not give rise to any right of re-scheduling or refund. If you are unable to attend a session, please let us know as far as possible in advance and if practicable we will use reasonable endeavours to provide to you the missed information.
b) To cancel a full course (including all relevant modules), written notice of the cancellation must be received by Point Blank at least fourteen (14) days before the start of the relevant course. Such written notice must be sent by recorded delivery or given by hand to a Point Blank employee. Cancellation with less than fourteen (14) days’ notice will result in course fees remaining as payable in the normal manner. Please note that Point Blank cannot accept cancellation of any specific module(s), but only of a full course.
c) In the event of dropping or leaving a course for any reason, the student will not be entitled to any refund or part refund (and will be liable for any balance of course not yet received).
10. Course Timetable
Point Blank reserves the right to change the dates, times, prices and contents of the courses without prior notice.
11. Student Conduct
Point Blank reserves the right to suspend or expel any student deemed (by Point Blank in its sole discretion) to be acting or behaving unsociably, offensively or otherwise unacceptably through conduct, attitude or demeanour. In such cases, suspension or expulsion shall not give rise to a right to refund, and full fees will remain payable up to date of expulsion.
Point Blank provides its services in an academic setting and therefore students must accept the authority of the Point Blank tutors and other members of Point Blank staff to take reasonable disciplinary action to safeguard and promote students’ welfare or otherwise as appropriate and/or necessary. For the avoidance of doubt, Point Blank will not tolerate any form of discrimination, bullying, harassment, victimisation or discrimination. For the avoidance of doubt, please note that Point Blank has a zero tolerance drugs policy.
12. Intellectual Property
The intellectual property rights (including without limitation registered design, copyright, database “Intellectual Property Rights” means all copyright, design rights, database rights, trademarks, trade secrets and/or know how.
a) PB Materials - All Intellectual Property Rights in Point Blank materials and course materials are and shall remain the exclusive property of Point Blank or its licensors. Any unauthorised reproduction, dissemination, broadcast or other use of such Point Blank owned or controlled materials is prohibited and shall constitute a breach of this Agreement and/or an infringement of copyright.
b) Music - All Intellectual Property Rights arising in the productions, recordings and compositions created by you during and as part of your course shall be owned by you, including any original contributions made by Point Blank employees which are specifically intended to be part of your specific works. From time to time, Point Blank Recordings may offer to certain students Publishing and/or Production licensing and/or administration arrangements, with the express intent of cooperatively distributing songs and/or recordings presented by the student to Point Blank Recordings. All such arrangements shall be subject to the terms offered in each case.
13. Special Needs
Please inform us of any special physical or medical requirements you have in advance, in order for us to try to meet them.
14. Limitation of Liability
Point Blank’s liability to you hereunder shall be limited to the total amount you have actually paid to Point Blank for the applicable course. Except as set out herein, Point Blank shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising hereunder or in connection with the courses provided by Point Blank. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence. For the avoidance of doubt, Point Blank shall not be liable for any loss or termination hereunder resulting from or arising in connection with any student visa status or other reason related to immigration.
Point Blank:
a) accepts no responsibility for loss, damage or theft of personal belongings.
b) reserves the right to alter advertised tutors at any time.
c) reserves the right to cancel courses at any time and to transfer bookings to rescheduled dates. Students unable to attend rescheduled dates may be entitled to some refund or other credit.
d) reserves the right to vary the course materials without notice and to refuse any application or request for a course booking without giving a reason.
e) accepts no responsibility for the quality of services or products provided or offered by third party advertisers and/or vendors. Inclusion in the course materials or presence during a course is not a recommendation or endorsement by Point Blank.
15. Force Majeure
For the purposes of this Agreement, “Force Majeure Event” means any event beyond the reasonable control of Point Blank including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, including governmental visa status, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. Point Blank shall not be liable to you as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event. If the Force Majeure Event prevents Point Blank from providing any of the Services and/or Goods for more than four (4) weeks, Point Blank shall, without limiting its other rights or remedies, have the right to terminate this Agreement (and any course which may be in progress) immediately by written notice without further obligation or liability.
16. General
Point Blank may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party. If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. A person who is not a party to this Agreement shall not have any rights under or in connection with it.
Point Blank welcomes staff and students from any race, nationality and/or ethnic origin or background and Point Blank does not discriminate on any such basis, including race, sexual orientation or ability.
17. Complaints
If you should ever have any complaint(s), please speak to any member of staff and we will do our best to resolve the matter. If you are unhappy with the outcome, please put your complaint in writing to the Managing Director at the above address.
18. Law and Jurisdiction
This Agreement shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim, dispute or difference which may arise out of this Agreement.