Terms & Conditions
BACKGROUND
A. The Client acknowledges that the Contractor possesses the qualifications, experience, and ability to provide the necessary services.
B. The Contractor agrees to provide the services based on the terms outlined in this Agreement.
In consideration of the above and the mutual benefits herein, the Client and Contractor (individually, "Party" and collectively, the "Parties") agree as follows:
1. Services Provided
The Contractor agrees to provide the following services to the Client:
Weekly private music lessons.
Additional tasks may be added upon mutual agreement between the Parties.
2. Term of Agreement
This Agreement will begin on the date signed and continue indefinitely until terminated.
Either Party must provide at least seven days' notice to terminate this Agreement. If either Party breaches a material provision, the non-breaching Party may terminate the Agreement and seek damages. Both Parties may also terminate by mutual agreement. All obligations of the Contractor end upon termination, unless otherwise specified.
3. Performance
The Parties agree to act in good faith to ensure the successful execution of this Agreement.
4. Rescheduling & Cancellations
Clients must provide 24 hours’ notice to cancel a lesson without incurring charges or pausing automatic payments. Failure to do so will result in an automatic charge.
5. Communications & Marketing Consent
By engaging with our services, the Client agrees to receive newsletters, marketing, or promotional communications. The Client may unsubscribe at any time by following the instructions provided in such communications.
6. Purchases & Payment Information
The Client agrees to provide accurate payment details for services rendered. Payment processing may involve third-party services, and by submitting payment details, the Client grants the right to share the necessary information with these services.
Payments are due weekly during the term of this Agreement, and all amounts are in U.S. Dollars. Compensation rates for services are listed on the Mountain City Music Company website or the Charter School Vendor Agreement.
7. Availability, Errors, and Inaccuracies
We strive to provide accurate service information but may occasionally experience delays or inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice.
8. Subscription Billing
The Client may be billed on a recurring basis for services such as weekly lessons. Billing cycles may be set on a weekly or monthly basis, and Clients may cancel recurring services by notifying the Contractor. Automatic payments will continue unless the subscription is cancelled.
9. Refunds
Refund requests will be considered on a case-by-case basis and are at the sole discretion of the Contractor.
10. Reimbursement of Expenses
The Contractor will not be reimbursed for any expenses incurred while providing services under this Agreement.
11. Additional Resources
The Client agrees to provide the following resources for the Contractor’s use during lessons:
Lessons will take place at the Client’s home, with the Client providing a personal instrument.
12. Cessation of Lessons
If the Client ceases lessons early, any remaining lessons will be forfeited and cannot be transferred or shared.
13. Workplace Safety
Mountain City Music Company and the Contractor are committed to maintaining a workplace free from sexual harassment and violence. Any incident of harassment or violence must be reported to the appropriate party, and steps will be taken to resolve the situation.
Clients (or a guardian if under 18) must be present at lesson start unless the Client is over 18.
14. Confidentiality
The Contractor agrees to keep any confidential information, whether personal or business-related, private and not to disclose it without authorization. This obligation continues indefinitely beyond the termination of the Agreement.
15. Ownership of Materials and Intellectual Property
All intellectual property developed under this Agreement will be the Client’s sole property. The Contractor may not use the intellectual property without written consent and will be liable for unauthorized use.
16. Return of Property
Upon termination, the Contractor must return any property, documentation, or confidential information belonging to the Client.
17. Independent Contractor
The Contractor is acting as an independent contractor and not as an employee. This Agreement does not create a partnership or joint venture.
18. Notice
All notices required under this Agreement must be delivered in writing to:
a. Client:
(Your Name)
(Your Address)
b. Mountain City Music Company
14165 Heritage Court,
Victorville, CA, 92392
19. Indemnification
Each Party agrees to indemnify and hold the other Party harmless from any claims, damages, or liabilities arising from their use of the services, except where covered by applicable insurance.
20. Limitation of Liability
In no event shall Mountain City Music Company be liable for any indirect, incidental, special, or consequential damages arising from the use of our services, including loss of profits or data.
21. Termination of Services
We reserve the right to terminate or suspend services at any time for violations of these terms. The Client may also terminate services by providing formal notice.
22. Legal Expenses
In the event of legal action to enforce this Agreement, the prevailing Party will be entitled to recover reasonable legal fees and costs.
23. Modification of Agreement
This Agreement may only be amended in writing, signed by both Parties.
24. Time of the Essence
Time is of the essence in this Agreement. Extensions or modifications will not waive this provision.
25. Assignment
The Contractor may not assign or transfer obligations under this Agreement without the Client’s written consent.
26. Entire Agreement
This Agreement constitutes the entire agreement between the Parties, with no representations or conditions other than those stated.
27. Enurement
This Agreement is binding on and benefits the Parties and their respective heirs, executors, successors, and permitted assigns.
28. Titles/Headings
Headings are included for convenience only and do not affect the interpretation of the Agreement.
29. Gender and Number
Words in singular include the plural, and words in masculine include the feminine, as applicable.
30. Governing Law
This Agreement is governed by the laws of California, excluding conflict-of-law rules.
31. Severability
If any provision is deemed invalid or unenforceable, the remainder of the Agreement will continue to be valid.
32. Waiver
Failure to enforce any provision of this Agreement does not constitute a waiver of future enforcement of that provision or any other provision.
Last Updated, September 29th, 2024