Teaching, Tutoring, and Learning Contract
The Parties to this agreement are:
• CLIENT (Parent of Minor Receiving Services)
• STUDENT (Minor, Under the Age of 18, Receiving Services)
(Hereinafter referred to as the “Student”)
• TUTOR (Online Tutor, Drum Instructor)
Whereas the Tutor shall provide basic drum instruction ("Tutoring", the "Lesson" or the "Session") to the Student in an online/virtual setting only.
FEES PAYABLE TO THE TUTOR • Fees shall be calculated at a per-session rate as outlined within the online fee schedule for drum instruction tutoring. No further fees shall be charged for any other reason including traveling or preparation time of the Tutor.
Fees may be adjusted from time to time and shall become effective after having given the Student seven days' written notice.
PAYMENT • Payment shall be made in advance of each lesson.
Payment must be made in advance. Payment may be accepted only via the instruments specified on the payment page of the online learning platform.
The Student will pay his/her bill online via the drum instruction tutoring website, the tutoring platform, or PayPal. The Tutor, CandyArtMusic LLC, its subsidiaries, and d/b/a's (including Drum Kids) does not offer refunds in any circumstance except Tutor cancellation. All sales are final.
SCHEDULE OF LESSONS • Lesson scheduling must be done through the online tutoring platform. It is the student’s responsibility to make sure the schedule is accurate prior to finalizing payment.
Tutoring charged at the rate outlined within the online fee schedule shall commence on the date specified on the online enrollment page(s) of the drum instruction tutoring platform.
Sessions, thereafter, will commence on an ad hoc basis only when the Student formally reenrolls, with payment, on the drum instruction online learning platform.
CANCELLATION AND REFUND • No refunds will be accepted or administered for cancellations or rescheduling. The Student may cancel and reschedule a prepaid session up to one hour before the scheduled lesson time for reasons of a family emergency, sickness, or any reasons not listed herein.
The Student must provide notice of rescheduling up to one hour before the scheduled lesson by notifying the Tutor in writing using the contact form or email address listed on the online learning platform.
The Student may reschedule a lesson during any open and available time as listed on the enrollment calendar.
The Student reserves the right to reschedule for any open and available date and time as listed on the enrollment calendar for up to six calendar months from the date of the original lesson.
At the end of the sixth month, the Student will forfeit the right to reschedule and shall be denied the ability to reschedule, plus denied any refund or reimbursement of any payment.
Lessons not attended for any reason by the Student with or without at least one hour prior notice to the Tutor shall be charged at the full rate. Lessons not attended for any reason by the
Student without at least one hour prior notice to the Tutor shall be charged at the full rate and forfeits the ability to reschedule as outlined above.
If the Tutor cancels a session for any reason and at any time prior to the start of the session, the Tutor agrees to refund the Student any pre‐payment for that session or to apply that payment to a future session that the Tutor and Student agree upon.
LATE ARRIVAL AND CHANGE OF SCHEDULE • Fees are calculated according to the scheduled date and time agreed upon by the Tutor and Student. No adjustment to fees shall be made for time lost because of late arrival by the Student or by early termination of the session by the Student. Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson by mutual agreement and by such amount of time that was lost.
The Tutor agrees to wait fifteen minutes from the time of the scheduled session for the Student's arrival before considering that session canceled without sufficient prior notice and therefore subject to the terms set forth in the CANCELLATION AND REFUND policy.
OBLIGATIONS OF THE TUTOR • The Tutor undertakes to do all preparation prior to lessons and to structure lessons in such a way as to optimize time to the benefit of the Student.
The Tutor shall keep confidential all information of the Student and shall contact other parties involved in the education of the Student only if given written permission by the Student to do so.
The Tutor shall not assign any of his/her duties or obligations under this tutoring contract to a third party without the written permission of the Student.
The Tutor shall at no time be required or obliged to execute homework or assignments on behalf of the Student.
NO GUARANTEES OR WARRANTIES • The Tutor makes no promises or warranties with regards to a Student's performance as a result of any tutoring provided.
The Student understands that the Tutor (CandyArtMusic LLC, its subsidiaries, aliases, and d/b/a's) do not guarantee any specific outcome as a result of drum instruction tutoring. Any drum instruction and/or tutoring the Tutor provides does not guarantee a Student’s performance. The Tutor will provide instruction to help the Student succeed. The outcome is dependent on the Student.
STATUS OF THE TUTOR • Tutors are independent contractors and not employees of the Student. It is expressly understood that the Student retains the services of the Tutor as an independent contractor and not as an employee.
The Tutor shall be responsible for his/her insurance and for all statutory declarations and contributions with regard to income tax.
TERMINATION • Drum instruction tutoring contracts are terminated immediately upon the conclusion of that day's or term's lesson(s).
Long-term tutoring contracts or dissolution of services may be terminated by either party at any time by giving the other party seven days prior written notice. No refunds will be given during any circumstance except Teacher cancellation. All sales are final.
WAIVER OF NEGLIGENCE • The Student waives any negligence on the part of the Tutor (CandyArtMusic LLC, its subsidiaries, aliases, and d/b/a's) regarding the hiring or supervision of the Tutor, or the Tutor’s actual conduct.
LIMITATION OF LIABILITY • In the event of litigation, the Tutor (CandyArtMusic LLC, its subsidiaries, aliases, and d/b/a's) total liability shall not exceed the amount of money the Student or Parent/Guardian paid for services rendered.
MINORS • Where the Student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.
RELAXATION OF TERMS • If any of the parties relax, indulge, waive, or release any of their rights in terms of this agreement on one occasion, it does not prevent the subsequent enforcement of those rights or constitute a waiver of any subsequent breach.
WHOLE AGREEMENT • This agreement constitutes the entire understanding between the parties with regard to the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein. Any alteration to this agreement must be in writing.
ACCEPTANCE & ACKNOWLEDGEMENT
I acknowledge that I have read this Contract and understand its Terms and Conditions. By clicking accept, I acknowledge that I have read and understand the LEARNING CONTRACT, TERMS OF USE, and PRIVACY POLICY. By clicking accept, I am signing this Contract of my own free will and agree to be obligated under its terms.