It is my understanding that we have agreed to the following in regards to: The format and duration of your music lessons.
-Payments($30 per lesson)are made weekly(prior to the start of the lesson), or monthly(at the beginning of each month). Payments will be automatically charged to a debit/credit card or to a checking account.
-Any scheduled lesson that the receiving party is not present for still must be paid for in full.
-Any scheduled lesson that must be canceled still must be paid for in full, although we will always do our best to accommodate and re-schedule that lesson for another day in the same week.
-If at any point during the first 30 days the receiving party wants to leave the agreement they are permitted to do so.
-All parties are agreeing to a 6 month period of weekly lessons.
-If at any point during the 6 month period the receiving party is unhappy with the quality of their education, they can request a different instructor, or voice complaints with their instructor and the instructor’s superior.
-If the receiving party wishes to terminate the agreement at any point prior to the completion of 6 months, a cancellation fee will be applied the day of cancellation that is equal to three (3) months of lessons
-At the end of the 6 month period, the lessons will be continued on a month to month basis unless canceled by the receiving party with 1 month of notice in advance
The term of this agreement will commence upon signing and will be in effect for 6 months, at which point it will continue unless the term is terminated by the receiving party in the manner described in section 1, titled “Agreements.”
3. Force Majeure
Neither of us will be liable to the other for any loss, damage or default occasioned by strike, civil disorder, governmental decree or regulation, acts of God or any other force majeure (collectively, a “Force Majeure Event”). We agree that upon conclusion of a Force Majeure Event, each of us will use commercially reasonable means to recommence full performance of our obligations under this agreement.
Any notices to be given under this agreement by either of us may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested to the addresses set forth in this agreement unless one of us notifies the other, in writing, of a change of address.
5. No Other Agreement
This letter of agreement contains the entire agreement between us. No part of this letter of agreement may be changed, modified, amended or supplemented except in a written document, signed by both of us which specifically states that the document is being signed for the purposes of modifying this agreement. Each of us acknowledges and agrees that the other has not made any representations, warranties, or agreement of any kind, except as is expressly described in this agreement.
6. Governing Law
This agreement shall be interpreted in accordance with the laws of Ohio. In interpreting this contract, we each hereby acknowledge that we have mutually agreed to the terms of this agreement and thus waive the protections of any law or statute which provides that in the case of uncertainty not removed by the laws relating to the interpretation of the contracts, the language of a contact should be interpreted against the drafter of the contact. Further, we agree that in the event that any one or more of the provisions of this agreement shall be found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not be in any way affected or impaired.
7. Attorney’s Fees
We agree that if any action is commenced to enforce any claim, demand, debt, action, cause of action, liability, cost, right, duty, or obligation provided herein, or if any action is commenced to enforce any of the provisions of this agreement, the prevailing party in such an action shall be entitled, in addition to any other remedies, to an award of out-of-pocket attorney’s fees, including all actual costs incurred by the prevailing party.
8. Remedy of the Parties
Except as otherwise specifically provided for in this agreement in the event one of us in default or in breach of any of the material provisions of this agreement and fails to cure the default or breach within ten (10) days after the written notice of such default or breach by the other, the non-breaching party shall have the right to terminate this agreement.
This agreement shall only be assignable or transferable by one of us upon the written approval from the other.
10. Relationship of the Parties
It is understood and agreed that this agreement does not create a partnership, joint venture, or employment relationship of any kind between us: that each of us is acting as independent contractors with respect to each other, and that none of the employees of either of us will be deemed to be employees of the other for any purpose.
Either of us shall have the right, forthwith and without further notice, to terminate this agreement by written notice to the other, upon the occurrence of any of the following events:
(a) A breach of default of a provision of this agreement which is not cured within the period set forth in paragraph 8 of this agreement;
(b) A Force Majeure Event that continues for a period of thirty (30) days; or
(c) The death of incapacity of either of us during the Term.
In the event of termination, any moneys due on the date of termination shall be immediately due and payable.
Headings used in this agreement are provided for convenience only and shall not be used to construe meaning or intent.