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Independent Contractor Agreement

Mike Kaminski

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Independent Contractor Agreement

East Valley School of Music

INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contract Agreement (this “Agreement”) is made effective as of , by and between East Valley School of Music and . In this agreement, the party who is contracting to receive the services shall be referred to as “EVSM”, and the party who will be providing the services shall be referred to as “Contractor”. “Client” is defined as any person, parent or adult student who has a contract with EVSM for music lessons.

The parties hereby agree to the following:

  1. DESCRIPTION OF SERVICES. Beginning on , Contractor will provide the following services (collectively, the “Services”): Instructing music students of EVSM.
  2. COMPENSATION. Compensation will be based on hourly pay and is limited to time spent instructing music students of EVSM during scheduled teaching hours. EVSM will pay compensation to contractor in the amount of $36.50 per hour.
    • a) Compensation may be supplemented with subsequent estimates for services to be rendered by the Contractor and agreed to by EVSM from time to time.
    • b) Furthermore, there will be a rental fee for use of teaching room and EVSM facility of $1.50 per hour deducted from Contractor’s monthly pay.
    • c) Compensation shall be payable in a lump sum monthly by the 1st day of the month following the services. Paycheck shall be emailed to Contractor for review around the 25th of each month, and Contractor is required to review and approve paycheck. Upon instructor termination of contract, EVSM may delay compensation up to 15 days upon completion of the Services.
  3. EXPENSES. During the term of this Agreement, Contractor shall bill and EVSM shall reimburse him or her for all reasonable and preapproved out-of-pocket expenses.
  4. TERM OF CONTRACT.
    • a) Contractor is required to provide EVSM at least 30 days of notice of intent to terminate this Agreement. If at least 30 days of notice is not given, contractor will be assessed a fee of $750 or 25% of the normal final monthly paycheck, whichever is greater.
    • b) Due the unique nature of seasonal business operations, a fee will be paid if Contractor ceases to provide services at any time between July 15 and August 15: $750 or 50% of the normal final monthly paycheck, whichever is greater.
    • c) EVSM may terminate this Agreement at any time, for any reason. If an issue arises, EVSM will meet with Contractor to discuss and place Contractor on a 4-week probationary period, after which EVSM may decide to terminate this Agreement.
    • d) Upon termination or imminent termination of this Agreement, EVSM will initiate contact to Clients to inform them of Contractor’s intent to terminate this Agreement. Contractor is not permitted to initiate contact to Clients to inform them of intent to terminate this Agreement. Contractor is also required to submit a resignation letter addressed to Clients, which will be reviewed and emailed by management.
  5. DAMAGES. Due to the nature of business for EVSM, Contractor is expected to continue to provide Services for a period of at least 12 months from the date service begins, otherwise a breach by Contractor will cause EVSM injury and damage. By not fulfilling the “Term” of the contract, the Contractor agrees to pay money to EVSM, which will be deducted directly from the last contract payment by EVSM, or billed to Contractor: 
    • a) If Contractor ceases to provide services within 12 months from the date service began, Contractor will be assessed a fee of $750 or 25% of the normal final monthly paycheck, whichever is greater.
    • b) Exceptions will be made to this policy at the sole discretion of EVSM, and exceptions will only be made for extenuating circumstances, including but not limited to: ill health, a traumatic event, or bereavement. Documentation of extenuating circumstances is required.
  6. POLICIES. Contractor shall act in conformance with the "East Valley School of Music Instructor Policies", which is attached as Exhibit A, as well as the "Client Agreement for Individual Lessons", which is attached as Exhibit B, both of which may be amended from time to time at the sole discretion of EVSM.
  7. DEDUCTION PROVISIONS. EVSM reserves the right to enforce deduction provisions against Contractor for lost expected revenues due to breach of contract, interference with EVSM contracts with Clients, and reparation of damaged, lost, or stolen property.
    • a) Lost expected revenues due to breach of contract. Contractor is expected to perform services as scheduled, pursuant to this Agreement and the Policies outlined in paragraph 6, which is attached as Exhibit A. Any breaches of contract may result in Contractor liability for the lost expected revenues resulting from breach of contract, at the discretion of EVSM.
    • b) Interference with EVSM contracts with Clients. Contractor is in no way to interfere with EVSM contracts with Clients by means of unfair competition, misconduct, or defamatory or disparaging statements about EVSM (see also paragraphs 9-10). Any such actions will result in Contractor liability for the lost expected revenues from such contracts as well as punitive damages.
    • c) Reparation of damaged, lost, or stolen property. Contractor is liable for any damages and losses to property incurred either in the room or elsewhere on the facility during scheduled teaching hours and while present at the facility. EVSM will conduct regular inspections of teaching rooms and facility.
  8. INDEPENDENT CONTRACTOR. Subject to the terms and conditions of this Agreement, EVSM hereby engages the Contractor as an independent contractor to perform the services instructing music students for EVSM, and such other duties as EVSM may instruct from time to time. This Agreement shall not render the Contractor an employee, partner, or agent of EVSM for any purpose. The Contractor is and will remain an independent contractor in his or her relationship to EVSM. EVSM shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. As an independent contractor, Contractor is responsible for his or her own federal and state taxes and will receive an IRS 1099 form from EVSM after the end of each calendar year. The Contractor shall have no claim against EVSM hereunder or otherwise for vacation pay, sick leave, retirement benefits, Social Security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

    Pursuant to A.R.S. § 23-1601 (declaration of independent business status), this declaration of independent business status is made by Contractor in relation to services performed by the contractor for or in connection with East Valley School of Music. Contractor states and declares the following:

    1. The contractor acknowledges that the contractor operates the contractor’s own independent business and is providing services for or in connection with the contracting party as an independent contractor.
    2. The contractor acknowledges that the contractor is not an employee of the contracting party and the services rendered for or in connection with the contracting party do not establish any right to unemployment benefits or any other right arising from an employment relationship.
    3. The contractor is responsible for all tax liability associated with payments received from or through the contracting party and the contracting party will not withhold any taxes from payments to the contractor.
    4. The contractor is responsible for obtaining and maintaining any required registration, licenses or other authorization necessary for the services rendered by the contractor.
    5. The contractor acknowledges at least six of the following:
      • a) That the contractor is not insured under the contracting party’s health insurance coverage or workers’ compensation insurance coverage.
      • b) That the contracting party does not restrict the contractor's ability to perform services for or through other parties and the contractor is authorized to accept work from and perform work for other businesses and individuals besides the contracting party.
      • c) That the contractor has the right to accept or decline requests for services by or through the contracting party.
      • d) That the contracting party expects that the contractor provides services for other parties.
      • e) That the contractor is not economically dependent on the services performed for or in connection with the contracting party.
      • f) That the contracting party does not dictate the performance, methods or process the contractor uses to perform services.
      • g) That the contracting party has the right to impose quality standards or a deadline for completion of services performed, or both, but the contractor is authorized to determine the days worked and the time periods of work.
      • h) That the contractor will be paid by or through the contracting party based on the work the contractor is contracted to perform and that the contracting party is not providing the contractor with a regular salary or any minimum, regular payment.
      • i) That the contractor is responsible for providing and maintaining all tools and equipment required to perform the services performed.
      • j) That the contractor is responsible for all expenses incurred by the contractor in performing the services.
  9. NON-SOLICITATION OF CLIENTS. During the term of this Agreement and for a period of one year following termination of this Agreement, Contractor agrees that he or she will not, by himself or herself or with or through others, directly or indirectly solicit any business from any prospective, current, or former EVSM Client. Contractor also agrees that he or she will not provide Services upon request of any prospective, current, or former EVSM Clients. A “prospective” client is defined as any person who has entered the premises or contacted EVSM with intent to receive music lessons. Inasmuch as the non-solicitation agreement has been violated, the amount of lost expected revenues is calculated as annual tuition paid by the Client (a minimum of $1,620 per Client).
  10. SPECIFIC PERFORMANCE. The parties agree that the provisions in paragraph 9 are of a unique character, which gives them value, the loss of which could not be reasonably or adequately compensated in damages in any action at law, and that a breach by Contractor will cause EVSM injury and damage. Contractor hereby expressly agrees that EVSM shall be entitled to the remedies of injunction, specific performance and other equitable relief to prevent a breach by Contractor. This provision shall not, however, be construed as a waiver of any of the rights which EVSM may have for damages.
  11. CHOICE OF LAW. The laws of the state of Arizona shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
  12. ASSIGNMENT. The Contract shall not assign any of his or her rights under this Agreement, or delegate the performance of any of his or her duties hereunder, without the prior consent of EVSM.
  13. MODIFICATION OR AMENDMENT. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.

I have read this Independent Contractor Agreement in its entirety and agree to the terms:


Instructor Policies ("Exhibit A")

For the purpose of Exhibit A, "Contractor" shall be referred to as "Instructor".

Teaching Philosophy

Instructor will uphold the core teaching philosophy of East Valley School of Music: “East Valley School of Music provides a strong musical foundation for students of all ages, levels, and abilities. Through customized curriculum and private lessons, students learn how to read music, develop technical proficiency, understand fundamental theory concepts, and perform for an audience.”

Instructor Duties

  • All clients are required to sign the Client Agreement for Individual Lessons with the school before enrolling in lessons at EVSM. Instructor is responsible to assist EVSM as necessary in carrying out the terms of the Client Agreement for Individual Lessons, which is attached as Exhibit B.
  • EVSM requires that students learn all essential music skills. Instructor is required to teach students the following skills on a regular basis:
    • How to read music: the ability to read notes/rhythm on a staff, along with other symbols and terms
    • Technical skills: how to play the instrument with correct technique
    • Music theory: student should regularly work through a theory book or else be learning music theory from another EVSM instructor if they take multiple instruments
    • How to perform for an audience: proper performance etiquette as described in the Client Agreement for Individual Lessons (attached as Exhibit B)
  • As an independent contractor, Instructor does not directly represent EVSM, however Instructor’s actions are a reflection upon the school. EVSM instructors are expected to conduct themselves professionally, which includes: proactively complying with school policies and procedures, positive and effective communication in all forms (verbal, non-verbal, phone, email, texts, social media, etc.), and striving for excellence in on-going training, executing sound judgment, and demonstrating positive behavior. Furthermore, Instructor is expected to abide by the following:
    • Avoid lengthy and unnecessary conversation with front office employees (more than a few minutes). Recognize that office employees need to remain focused on their work.
    • Fraternization with clients and employees outside the school is discouraged as it can compromise Instructor/Client/Employee objectivity. Instructor is also expected to decline to receive excessive gifts or services from clients.
    • Avoid making statements or other communication to clients that imply or promise favoritism on the part of EVSM that are outside the scope of the school’s contracts and policies. Any special situations that may arise regarding a student’s lessons will need to be reviewed and decided by management.
    • Any physical contact with clients/students should be brief and appropriate. Appropriate examples include handshakes, “high fives”, side hugs, and brief demonstrations of technique, such as placing a student’s fingers in position on the instrument.
    • Keep all conversation positive, appropriate, and centered on the subject matter. Avoid any conversation that is off-subject, especially religious, political, or overly personal. Encourage students often with positive, constructive feedback, and avoid making negative comments that are unconstructive or making comparisons to skills/levels of other students.
  • EVSM keeps a report log to record the following: late arrivals, partial days off, personal days off, sick days, and incidents. An incident is defined as a negative event or occurrence, such as a complaint from a client, a miscommunication, or any other deviance from this contract and EVSM policies. If management believes there is cause for concern, management reserves the right to request a meeting with Instructor and/or write an official letter of concern to address any issues. If issues are not resolved by Instructor, it may result in termination of contract.
  • EVSM has a standard of professionalism regarding dress. EVSM instructors reflect on the school, themselves, and the educational profession. EVSM’s students are mostly children and its clients are primarily younger families. Instructor is expected to dress professionally and appropriately.
    • Encouraged:
      • Semi-formal and formal attire
      • Pants
      • Professional skirts or dresses that go past the knee
    • Discouraged:
      • Hats or beanies
      • Shorts, sandals or flip-flops
      • Excessive visible tattoos
      • Piercings other than ears
      • Extreme hair color and cuts
    • Unacceptable:
      • Torn, frayed, wrinkled, or baggy clothing
      • Screen logo t-shirts with illegal substances, inappropriate language, or messages not appropriate for children, as well as pop culture characters
      • Mini skirts, low cut tops, tube tops, or visible bra straps and undergarments
      • Smoke or alcohol breath
  • Instructor is expected to keep their teaching room clean and organized and free of trash and litter on the floor. Do not place drinks on pianos for any reason.
  • Instructor is required to run two formal recitals to be held in the EVSM performance hall: the Spring Recital in March, April and May and the Holiday Recital in November or December. For each formal recital, Instructor is required to follow Formal Recitals policy as described in the Client Agreement for Individual Lessons (attached as Exhibit B). EVSM may offer other performance opportunities that Instructor is required to offer to students and to prepare students to perform. Instructor should provide at least two months of notice to Clients before a recital is scheduled and begin to prepare students well in advance.
  • Instructor is liable for any damage done to the property or building during recitals. No food or drink, except for bottled water, is permitted in the performance hall or lobby.
  • Instructor is permitted to reserve the EVSM performance hall at the discounted rate of $50 per hour.
  • Instructor is required to use the appropriate method books, curriculum, and customize lessons to fit the needs of each student.
    • Instructor must ensure that students receive an EVSM binder and blue EVSM book bag on their first lesson. Instructor is required to use binders and lesson assignment sheets provided by EVSM to organize student materials.
    • Instructor must ensure that any books or materials from the EVSM store have been paid for before giving them to students.
    • If a student arrives at a lesson with no books, Instructor is permitted to borrow books/sheet music from the school. However, Instructor must ensure that no markings or damage occurs with any borrowed books/sheet music or they will need to be paid for. Instructor must also return books/sheet music promptly.
  • Instructor is required to follow EVSM guidelines for scheduling lessons:
    • Lessons may not be given by instructors at any location other than EVSM or online (as needed).
    • Instructor is responsible to know their teaching schedule and be aware of any changes. To help insure timeliness, Instructor should plan to arrive at least 10 minutes prior to their first scheduled lesson. If running late for a lesson, Instructor must inform client and the school office.
    • Instructor is required to keep the same availability (days and times) for a minimum of 6 months unless otherwise approved by management. Any changes to Instructor availability must be approved by management at least 1 month in advance. New availability changes made by Instructor must remain in place for at least 6 months.
    • EVSM uses a cloud-based scheduling system called My Music Staff (mymusicstaff.com). Instructor will be given an account with a login and password for the My Music Staff (“MMS”) website. Client contact information can be found in MMS, along with other features, such as a lesson calendar, attendance & lesson notes, news, messages, student practice logs, and more. Instructor is required to make schedule changes in My Music Staff, and then to immediately follow up by emailing schedule changes to the front office (office@evsm.net). This ensures that the office can properly review and track schedule changes for accuracy, especially in regard to tracking changes in open timeslots.
    • Instructor is responsible to follow other scheduling guidelines when making changes in My Music Staff, including, but not limited to:
      • Ensure that permanent changes are set to repeat indefinitely in the schedule.
      • My Music Staff automatically emails lesson reminders to instructors and clients in advance of each lesson. To avoid confusion to clients, Instructor must ensure that any schedule changes are made in MMS at least 24 hours in advance of each lesson.
      • Attendance must be taken for every lesson and marked as either “Present”, “Absent”, or “Teacher Canceled”. Attendance status may not be left as “Unrecorded” for any period longer than 1 week.
      • If a lesson is canceled, do not delete the lesson; mark the lesson as either “Absent” or “Teacher Canceled”. If a lesson is rescheduled, do not move the lesson from the original timeslot; mark the lesson as either “Absent” or “Teacher Canceled”, and re-create another lesson in the rescheduled timeslot, checking the box “This event requires a make-up credit”, as rescheduling a lesson at a client’s request is considered the same as making up a lesson.
    • Instructor must adhere to the Missed Lessons & Master Group Make-Up Classes policy as described in the Client Agreement for Individual Lessons (attached as Exhibit B):
      • Students wwho miss a lesson for any reason will have the opportunity to attend a ‘master group make-up class’ that will be held by their instructor once a month. These classes will be scheduled ahead of time. Instructor may only cancel a ‘master group make-up class’ due to sickness or unforeseen extenuating circumstances. With the exception of adult students, Instructor will not offer private make-up lessons for student absences, even upon client request.
      • For adult student absences, Instructor will make reasonable efforts to reschedule lessons missed due to illness, emergency, or mandatory work functions. Make-up lessons must be scheduled during Instructor’s assigned teaching days/times. Instructor is not required to guarantee rescheduling for all missed lessons.
      • When making up an Instructor missed lesson, Instructor is only permitted to make up lessons within their regularly scheduled availability unless the lesson is given online or is otherwise approved by management. Instructor may make-up a lesson on their own schedule by video conferencing with student online, however, Instructor is required to offer an in-person make-up lesson upon Client request.
    • Instructor is not permitted to teach students shorter or longer than the time scheduled for each lesson.
    • 15-minute gaps in the teaching schedule are not allowed, unless otherwise approved by management. Instructor is expected to eliminate all 15-minute gaps in their teaching schedule to the best of their ability.
    • If Instructor fails to show up to teach a scheduled lesson, they are required to make it up privately. EVSM may decide to credit the missed lesson to the customer and Instructor may lose pay for the missed lesson and be required to pay a fee equal to the amount of lost revenue to EVSM.
    • When a trial lesson is scheduled, the timeslot (day/time) is held by the prospective client until 3 days after the trial lesson is given, and Instructor may not move students to the held timeslot.
    • Trial lessons are scheduled by the office in available timeslots and cannot be canceled by Instructor except for sickness or emergency. Changes in Instructor availability (such as doctor appointments, performances, personal events, etc.) must be emailed to the office in advance to avoid trial lesson schedule conflicts.
    • EVSM will conduct regular audits to ensure that Instructor is maintaining their schedule accurately and marking all attendance properly.
  • Instructor is required to keep good communication with the office and management.
    • Occasionally, management will send response-required emails. Instructor is expected to reply by the deadline to confirm they have received and read the email.
    • Instructor is required to inform management if a student misses 3 consecutive lessons without any communication to the Instructor. (Per the Client Agreement for Individual Lessons, students who miss 3 consecutive lessons without communicating with their instructor or the office will be dismissed without a refund.)
    • Instructor is required to inform management before placing a student on probation in accordance with the Client Agreement for Individual Lessons.
  • Instructor is required to keep good communication with clients.
    • Instructor is required to inform clients of changes in their weekly schedule ahead of time.
    • Instructor is required to remind clients of upcoming recitals and events ahead of time.
    • As a professional courtesy, Instructor is required to contact a student who is more than 5 minutes late to their lesson to check in.
  • EVSM reserves the right to reassign a student to another EVSM instructor for any reason.
  • EVSM is open year-round, but takes 1 week off for Spring Break in March, Summer Break in July, Fall Break in October, and Winter Break in December. Monthly pay remains the same during months with a one-week break.
  • Instructor should strive to maintain a consistent schedule for students, however Instructor is permitted to take personal days off on occasion and sick days off when needed. Instructor is expected to teach year-round, especially throughout the summer months of June and July. Management will address concerns if Instructor is rescheduling and/or missing lessons excessively.
    • In the event of Instructor cancellation, EVSM will not refund students and deduct pay from Instructor. Instructor may either: 1) make up the missed lesson by teaching an extra lesson, or 2) hire and pay a substitute Instructor, who may or may not be another EVSM instructor.
      • If hiring a substitute instructor, Instructor must provide information necessary to perform a background check (legal name, date of birth, address, etc.), and management must officially approve the substitute instructor before any lessons are given.
      • Substitute instructors must be paid directly by Instructor. EVSM will not be responsible to pay substitute instructors.
    • Personal days taken by instructor must be reported by email at least 10 days in advance and should be made up beforehand if possible. The email must be sent with appropriate details to the office (office@evsm.net), the school manager (manager@evsm.net), and the school owner (mike@evsm.net). Instructor is encouraged to plan personal days off to coincide with school 1-week breaks.
    • Sick days taken by Instructor should be made up within 4 weeks of cancellation (unless a substitute is hired).
    • Sick days must be reported to management as early as possible. In order to maintain consistency for students, management may decide to require a substitute instructor to teach any or all of the lessons missed by Instructor.
    • When cancelling a lesson, Instructor is required to inform students when they are absent ahead of time and confirm that students received their message. If a student is not properly informed ahead of time and shows up for a canceled lesson, EVSM may decide to credit the missed lesson to the customer and Instructor may lose pay for the missed lesson and be required to pay a fee equal to the amount of lost revenue to EVSM.
    • Pregnancy leave is granted for a period of up to 4 weeks, unless otherwise approved by management. Instructor must request pregnancy leave at least 3 months in advance of baby due date. Instructor is responsible to find a suitable substitute instructor to teach students in their absence, pending approval by management.

I have read this Instructor Policies ("Exhibit A") in its entirety and understand the policies and duties as described above in accordance with the Independent Contractor Agreement.


Client Contract for Individual Lessons

Parent/Legal Guardian Name: |Name of Parent(s) or Legal Guardian(s)|

This Agreement is between East Valley School of Music (“EVSM”) and the above‑named Client.

By enrolling in EVSM’s individual lesson program on-location at the EVSM building in Chandler, Client agrees to the following terms:

1. TUITION & BILLING

*Monthly Rates

  • 30-minute weekly lessons: $150/month (not recommended for piano students ages 7+)
  • 45-minute weekly lessons: $220/month
  • 60-minute weekly lessons: $285/month

*Rates above do not reflect any discounts or promotions.

Billing Schedule

  • Tuition is billed monthly and due on the 20th of the preceding month. (Example: August tuition is due by July 20.) EVSM cannot accomodate alternate due dates.
  • First‑month tuition is prorated; all subsequent months are billed at a flat rate.
  • EVSM operates year‑round with four one‑week breaks (Spring, Summer, Fall, Winter).
  • Tuition remains constant. Months with 5 lessons offset months with scheduled one-week breaks.
  • If first tuition is charged on or after the 15th, the second payment is due on the last day of that month; regular billing resumes on the 20th thereafter.

2. DISCOUNTS

  • Family Discount (applies for the first 6 months):
    • 2 family members enrolled receive $15 off the entire monthly invoice.
    • 3 family members enrolled receive $5% off the entire monthly invoice.
    • 4 or more family members enrolled receive $8% off the entire monthly invoice.
  • Referral Credit: $30 tuition credit for referring a family who enrolls and lists the referring person during registration.
  • Early Lesson: A 10% discount is applied to monthly tuition if the weekday lesson time starts before 3:00pm.

3. SIGN-UP FEE

A $59 signup fee is required for all new and returning students. This fee is non-refundable. Books, accessories, and recital fees are billed separately.

4. ANNUAL ENROLLMENT FEE

A $49 annual enrollment fee ischarged every 12 months. This fee is non refundable.

5. MUSIC MASTERS MEMBERSHIP (Optional)

EVSM offers 3-month and 6-month Music Masters tuition packages with substantial tuition savings and a 10% discount on in-store book and product purchases.

  • 30-minute lessons:  Save $20 with a $430 payment for 3 months, or Save $50 with a $850 payment for 6 months
  • 45-minute lessons:  Save $30 with a $630 payment for 3 months, or Save $75 with a $1,245 payment for 6 months
  • 60-minute lessons:  Save $40 with a $815 payment for 3 months, or Save $100 with a $1,610 payment for 6 months

Terms:

  • Non-refundable, but may be transferred to an immediate family member
  • Lock in the current tuition rate
  • No fee for ACH, check, or cash payments
  • 3% fee if paid by credit card
  • Retainable, in the event of discontinuing lessons for a period of time (30 days' notice required and sign-up fee must be paid again upon re-enrolling)

Would you like to enroll in the Music Masters Membership by prepaying for 3 or 6 months to save on tuition and in-store purchases? (This may be combined with other offers or special tuition discounts.)

No, maybe later

Yes, 3 months

Yes, 6 months (max savings)

Tuition packages are prorated upon enrollment to cover tuition through the end of a month. (For example, a 3-month tuition package will be prorated to 2 months and 3 weeks if Client begins lessons in the 2nd week of the month.)

6. PAYMENTS & AUTOMATIC COLLECTION

EVSM does not offer refunds for missed lessons, early withdrawal, or unused lessons.

Tuition must be paid automatically through one of the following:

Bank Account (Preferred)

  • Client provides routing and account number.
  • Returned ACH payments incur a $10 fee; EVSM will reattempt the charge after 3 days.

Credit/Debit Card

  • Client must maintain current card information.
  • EVSM will contact Client if a card is declined or expired.

ClassWallet (ESA Students)

  • EVSM emails invoices with student name and service description.
  • Client is responsible for submitting ESA funds by the due date.

Tuition must be paid in full before the first lesson of each month. EVSM may report unpaid tuition to a collection agency.

7. LATE FEES & NON-PAYMENT

  • Tuition is late after the last day of the month and incurs a $30 late fee.
  • If tuition remains unpaid, it must be collected prior to the next lesson.
  • If payment is not received by the 7th of the following month, the student will be dismissed.

8. CHARGEBACKS

All payments made to EVSM are final. The Client agrees not to initiate chargebacks, disputes, or payment reversals with their bank or card provider provided EVSM has delivered services as outlined in this Agreement. If the Client has a grievance, they must contact EVSM and allow 14 days for EVSM to investigate and respond.

Unauthorized chargebacks:

  • Client is responsible for all fees incurred by EVSM.
  • EVSM may suspend services.
  • EVSM may report the delinquent account to credit bureaus.

9. ONGOING ENROLLMENT REQUIREMENT

EVSM reserves weekly timeslots for students. Lessons cannot be paused or placed on hold for vacations, travel, or personal scheduling conflicts. Only serious illness/injury or documented extenuating circumstances qualify for temporary suspension.

10. LESSON SCHEDULING

Lessons may only be taught on location at EVSM or online as needed.

Weekly Timeslot Commitment

  • Students must maintain the same weekly lesson time.
  • Frequent rescheduling requests are not permitted.
  • Instructors may occasionally request flexibility; cooperation is appreciated.

11. MISSED LESSONS & MASTER GROUP MAKE-UP CLASSES

EVSM does not give refunds for missed lessons.

Client Cancellations

  • Notify the instructor directly (text or email only; verbal notice is not sufficient).
  • Students who miss a lesson may attend a Master Group Make‑Up Class held monthly by their instructor.
  • EVSM does not offer individual make‑up lessons under any circumstances. Please do not ask instructors for individual make‑ups, schedule adjustments, or exceptions. Instructors are not permitted to provide individual make‑up lessons, even if requested. All missed lessons must be made up through the monthly Master Group Make‑Up Class.

Instructor Cancellations

  • Lessons canceled by instructor will be rescheduled or taught by a substitute.
  • Instructor may teach online when necessary.

Adult Students

  • Instructor will make reasonable efforts to reschedule missed lessons due to illness, emergency, or mandatory work functions, but rescheduling is not guaranteed for all missed lessons.
  • Make‑ups must occur during instructor’s assigned teaching days/times.

12. ONLINE LESSONS

Online lessons may be used temporarily for illness, contagious symptoms, or instructor absences, unless otherwise agreed between Client and Instructor.

13. EXTENUATING CIRCUMSTANCES

Students may skip one month of tuition per calendar year due to documented extenuating circumstances (bereavement, serious illness/injury, etc.).

14. COMMUNICATION

EVSM sends important updates via email. Clients must remain subscribed and read all communications.

15. LESSON BINDER & MATERIALS

Students receive an EVSM binder and book bag. Clients must purchase music books and materials as assigned.

16. INSTRUMENT & MATERIALS REQUIREMENT

Students must have a functioning instrument and required accessories.

  • PIANO: Acoustic or full size 88 key digital piano with stand, bench, and pedal. Keyboards with fewer than 88 keys are not acceptable, as they do not provide the sound quality or touch sensitivity required for proper musical development.
  • VOICE: Piano or keyboard recommended; additional materials may be required.
  • GUITAR/UKULELE/BASS: Working instrument, music stand, tuner, extra strings, picks (guitar).
  • STRINGS: Working instrument, bow, rosin, cloth, music stand, tuner; cello requires rock stop.
  • WOODWINDS: Working instrument; reed players must have 2 working reeds; music stand and tuner required.
  • BRASS: Working instrument; valve/slide oil, tuning slide grease, cleaning cloth, music stand, tuner.
  • PERCUSSION: Snare drum or practice pad, sticks, music stand; drum kit recommended.

17. WAITING AREA & LESSON OBSERVATION

Children under age 10 must be accompanied by an adult at all times. Keep children in the waiting area; do not leave children unattended in hallways. Noise must be kept to a minimum. Parents may observe lessons quietly. Siblings, infants, and friends may not sit in on lessons. Anyone other than parent or student will be asked to leave the room.

18. PRACTICE REQUIREMENTS & PROBATION

Students must attend lessons consistently and practice assigned minutes. Parents are expected to assist younger students. Instructors will notify parents of ongoing issues (absences, lack of practice, incomplete theory, misbehavior). Unresolved issues may result in a 4 week probation and possible dismissal. Students missing 3 consecutive lessons without communication will be dismissed without refund.

19. RECITALS

EVSM hosts two formal recitals annually. Instructor will host a Spring Recital around April/May, and a Holiday Recital around November/December.

Requirements:

  • Repertoire must be performance‑ready and memorized.
  • Arrive 10–30 minutes early depending on instrument.
  • Follow formal dress code.
  • Remain for the full performance set.
  • Students must announce their name/piece and bow/curtsy.

20. SUMMER TRAVEL POLICY

EVSM reserves instructor timeslots for students year-round. Students who withdraw for summer travel may lose their timeslot and must pay the $59 enrollment fee to resume lessons. Students away for 5–8 weeks between May and August may pay half tuition to keep their timeslot and remain enrolled. They may also attend Master Group Make-Up Classes at any time. Discounted tuition appears on the July invoice. A Summer Travel Policy Form must be submitted in advance.

21. WITHDRAWAL POLICY

A 30 day notice of withdrawal is required at any time. An initial 2-month commitment is expected.

To withdraw:

  • Client must communicate their intent to withdraw to the Enrollment Manager. (Informing the instructor alone is not sufficient.)
  • After communicating with the Enrollment Manager, Client will receive the official Notice of Withdrawal Form.
  • Billing continues until the form is received. Final tuition is prorated based on lessons received.

22. EXTRA LESSONS ACCRUED

If a student withdraws before a scheduled break and has already received an extra (5th) lesson, the additional lesson will be billed.

23. INSTRUCTOR REASSIGNMENT

EVSM may reassign students as needed. Students whose instructor leaves EVSM will be reassigned. The 30 day withdrawal policy remains in effect.

24. NON-COMPETE CLAUSE

Clients may not solicit EVSM instructors for individual lessons outside EVSM. EVSM instructors (current or former) may not teach EVSM students individually for one year after leaving EVSM. Legal action may be taken for violations by instructors or clients.

25. OPTIONAL MEDIA RELEASE

EVSM may photograph or film students for marketing purposes (website, social media, print/digital). No identifying information or compensation will be used or provided.

Do you agree to Media Release (optional)? |Yes  or  No|

26. POLICY UPDATES & SEVERABILITY

EVSM may update policies as needed. Clients will be notified via email, and continued enrollment constitutes acceptance of updated policies. Furthermore, If any provision of this Agreement is found unenforceable, the remaining provisions shall continue in full force and effect.

Agreement

I, |Name of Parent(s) or Legal Guardian(s)|, agree to the terms of this agreement and understand that failure to comply may result in dismissal from EVSM.

Date: _______________

 

I have read this Client Agreement for Individual Lessons ("Exhibit B") in its entirety and understand the school policies and that I am responsible to assist EVSM as necessary in carrying out the terms of the Client Agreement for Individual Lessons.

Mike Kaminski

Signed by: Mike Kaminski

Signed on: November 10, 2026

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Independent Contractor Agreement

Mike Kaminski

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