Voyager Music Lessons Client Agreement:
Schedule A: Services and Fees
1. Scope of Services
Music lessons will be provided to Students of Voyager Music Inc. in person at Student's home or online over Zoom.
2. Charges and Fees
Amount Per Lesson:
• In-Person Lessons: $80 for 30-minute lessons, $100 for 45-minute lessons, $120 for 60-minute lessons;
• Online Lessons: $70 for 30-minute lessons, $90 for 45-minute lessons, $110 for 60-minute lessons;
• Credit Card Fee: A 3% transaction fee will be charged to all Clients who pay for lessons with a credit card. There is no fee for Clients who pay with ACH (Bank Transfer);
• Clients are billed on the 25th of each month; payment is taken for lessons being held the following month (ex, Invoices for September lessons are processed on August 25th);
• A once-per-semester supplies fee of $40 will be added to the first invoice of each semester. The fee covers all books and supplies. This fee does not include the provision of instruments or instrument maintenance.
3. Client Responsibilities:
• An adult will be in the home at all times during lessons;
• Student will be home at the start and for the duration of scheduled lessons. For online lessons, Student will be logged on to Zoom at the start and for the duration of lessons. If there is any issue, please contact Instructor and Company;
• If Student is 10 minutes or more late, the lesson will be forfeited, and Instructor won't be expected to wait;
• At least 24 hours of notice must be given to Instructor and Company for a lesson that needs to be canceled/rescheduled;
• If Client cancels a lesson less than 24 hours before the scheduled lesson, the lesson will not be made up/rescheduled. Client will still pay for the lesson;
• A quiet space will be provided to Student and Instructor for lessons;
• Client commits to lessons on a month-to-month basis.
4. Student Responsibilities:
• Student must behave respectfully toward Instructor;
• Student must have all required materials and instruments ready for each lesson;
5. Makeup Lesson Policy:
• If Student is unable to attend a scheduled lesson on a day when Company is open, they will be expected to reschedule said lesson and will be charged accordingly;
• Students are guaranteed one in-person makeup lesson per semester;
• For student-initiated cancellations beyond the guaranteed makeup, Instructor is encouraged to offer the following options:
o Rescheduling at a mutually convenient time;
o Recorded instructional content through LessonMate;
o Extended lesson time over subsequent weeks;
o Schedule a virtual lesson;
• For instructor-initiated cancellations: Client will not be charged for the canceled lesson and has sole discretion to accept or decline a makeup lesson offer. No makeup lesson will occur unless Client specifically requests or agrees to one. If Client accepts a makeup lesson, they will be charged for it;
• Company will not charge Students for lessons scheduled on days when Company is closed for holidays.
6. Scheduling
• Lessons will be held at the same time and day each week for the duration of the semester.
7. Termination
• Client may terminate this Agreement by providing written notice (including email) to Company by the 15th of any month, with termination effective on the last day of that month;
• VOYAGER may terminate this Agreement with written notice (including email), effective on the last day of the current month;
• Upon termination, Client remains responsible for payment of all lessons completed prior to termination date.
Schedule B: General Terms and Conditions
1. Assets
Except as otherwise expressly provided in Schedule A, neither VOYAGER's fees nor its charges for reimbursable expenses include the provision of any musical instruments or other third-party assets or equipment ("Assets") for use in the provision of Services. Client shall obtain and otherwise be responsible for any Assets in order for VOYAGER to perform services for Client.
2. Safety and Liability for In-Person Lessons
Client acknowledges that in-person lessons will be conducted at Client's residence and agrees to maintain a safe environment for Instructor. Client assumes responsibility for any injuries or damages that may occur on Client's property during lessons, except those caused by Instructor’s gross negligence or willful misconduct.
3. Unfulfilled Assumptions and Client Responsibilities
VOYAGER's ability to perform services specified in Schedule A depends on fulfillment of assumptions and Client's responsibilities described in Schedule A. In the event that any unmet assumption or Client or third-party responsibility delays or impairs performance of Services, then VOYAGER will not be liable for failure to perform its corresponding responsibilities unless the parties agree otherwise in writing. Further, to the extent of such delay or impairment, VOYAGER shall remain entitled to its fees.
4. Warranties
VOYAGER warrants that services will be provided with reasonable skill and care and that it has the required skills and experience to perform such Services. Except as stated herein and to the extent permitted by law, the parties hereby exclude from this Agreement and expressly disclaim all other warranties, whether express or implied, written or oral, statutory or otherwise, including without limitation those of satisfactory quality and fitness for purpose, and no results from any music lessons are guaranteed.
5. Confidentiality
Client agrees to hold in confidence and not disclose any Confidential Information of VOYAGER to any third party. "Confidential Information" means all information, knowledge, and data possessed by VOYAGER (including, without limitation, trade secrets, methodologies, systems, processes, inventions, algorithms, procedures, techniques, and work approaches), whether or not specifically designated as confidential, which is not publicly available.
6. Non-Solicitation
During the period of performance of Services by VOYAGER and for twelve (12) months thereafter, Client shall not (a) solicit or induce any employee or contractor (e.g., any VOYAGER instructor) to terminate his or her employment or contractor status with VOYAGER, or (b) hire any employee or contractor (e.g., instructor) of VOYAGER without the prior written approval of VOYAGER. The term "hire" includes, without limitation, employment arrangements, independent contracting, equity ownership, consulting, and other similar arrangements. "Hire" shall include both employment and any type of contractor relationship.
7. Limitation of Liability & Indemnity
In no event shall VOYAGER's cumulative liability to Client under this Agreement, whether arising in contract, tort, or otherwise and whether at common law or statute, exceed in the aggregate one hundred percent of payments received by VOYAGER under this Agreement in the trailing twelve (12) months from the date on which a claim arose. Further, in no event shall VOYAGER be liable for (i) punitive, special, indirect, incidental, or consequential damages; or (ii) loss of profits or business, loss of revenues, loss of savings, loss of or damage to data, loss of use damages, or failure to realize any expected results arising out of this Agreement even if Client has been advised of the possibility of such damages. Nothing in the foregoing provisions shall preclude VOYAGER from obtaining injunctive or other non-financial relief to which it is entitled. Client will indemnify and hold harmless VOYAGER in connection with any third-party claim against VOYAGER that arises out of any of Client's acts or omissions concerning this Agreement and/or any Services related thereto.
8. Force Majeure
In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to fire, casualty, flood, earthquake, war, terrorism, strike, lockout, failure of public utilities, injunction or any act, exercise, assertion or requirement of any governmental authority, epidemic, public health emergency, destruction of production facilities, insurrection, transportation or energy sufficient to meet needs, or any other unforeseeable cause beyond the reasonable control of the party invoking this provision, and if such party shall have used reasonable efforts to avoid such occurrence and minimize its duration and has given prompt written notice to the other party, then the affected party's failure to perform shall be excused. The time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the subject matter to which it refers and supersedes all prior oral or written agreements and understandings. Any proposed change in the scope of Services or other variation to this Agreement shall not be contractually binding on VOYAGER unless agreed in writing by both parties.
10. Independent Contractor Status; Governing Law
For the avoidance of doubt, at all times, VOYAGER is and shall be deemed an independent contractor of Client, and there shall not be construed any employment relationship among the parties hereto whatsoever. This agreement shall be interpreted pursuant to the laws of the State of New York.