THIS AGREEMENT is made between Marissa Turney Music (hereinafter referred to as "the Tutor") and the Student (or, if the Student is a minor, the Student’s Parent/Guardian) (hereinafter referred to as "the Client").
Professional Status: The Tutor operates as an independent contractor. The Client acknowledges that this Agreement creates a contractor-client relationship and does not establish an employer-employee relationship, partnership, or joint venture.
No Academic Credit: All instruction is provided for personal enrichment and skill development. The Client acknowledges that these lessons do not carry academic credit toward any public or private school degree, diploma, or certification unless otherwise arranged and certified by the Student’s own educational institution.
No Financial Credits: Except as expressly stated in the Cancellation Policy (Section 3), no financial credits or "makeup credits" shall be applied to future billing cycles for missed lessons.
Provision of Services: The Tutor agrees to provide music instruction to the Student in the field of percussion for the instrument chosen by the Student and agreed upon by the Tutor. Lessons shall be conducted online at the frequency and duration as mutually agreed upon via the Tutor's booking system or written communication.
Tuition Fees: The Client agrees to pay the Tutor the sum of:
$30 USD per each 30-minute lesson
$50 USD per each 45-minute lesson
$60 USD per each 60-minute lesson
These rates apply to all regularly scheduled lessons unless the Tutor expressly agrees to an alternative rate in writing (e.g., through a discounted trial lesson). Any agreed-upon rate adjustment applies only to the specified lesson; all subsequent lessons revert to the standard rates above.
Payment Schedule: All fees are due at the time of each lesson unless an alternative payment schedule has been agreed upon in writing by both parties.
Late Payments: Unless an alternative option is agreed upon by both parties, payment must be received by the time of the scheduled lesson. Failure to pay by the due date may result in forfeiture of that lesson. The Tutor reserves the right to suspend or terminate services if payment remains outstanding for more than one (1) calendar day past the due date.
Rate Adjustments: The Tutor reserves the right to modify tuition rates at any time, provided the Client receives no less than thirty (30) days' written notice prior to the effective date of any change.
Client Cancellation: The Client must provide a minimum of 24 hours' notice to cancel or reschedule a lesson. Cancellations made with less than 24 hours' notice, regardless of the reason, will result in a forfeiture of the lesson fee.
No-Shows: Failure to attend a scheduled lesson without prior notification shall be charged at the full lesson rate.
Tutor Cancellation: In the event the Tutor is unable to attend a scheduled lesson, the Tutor will either provide a makeup lesson or issue a full credit to the Client's account for that session.
Lessons shall commence and conclude strictly at the scheduled times. If the Student arrives late, the lesson will not be extended beyond the scheduled end time, and no pro-rata refund or credit will be issued for the time missed.
Either party may terminate this Agreement by providing fourteen (14) days' written notice to the other party. Upon termination, any prepaid fees for lessons scheduled beyond the notice period will be refunded to the Client, minus any outstanding balances or applicable late fees.
Personal Injury: The Tutor shall not be held liable for any personal injury, loss, or damage to property occurring during or as a result of a lesson, except in cases of proven gross negligence by the Tutor. The Client and Student assume all risks associated with the physical activity of playing percussion instruments (e.g., repetitive motion strain or accidental injury).
Supervision: For online lessons involving minors, the Parent/Guardian is responsible for the Student's safety, physical environment, and conduct for the duration of the scheduled lesson time. The Tutor is not responsible for supervising the Student outside of the digital interface.
Technical Failure: The Tutor is not responsible for lesson time lost due to the Client’s hardware failure, software issues, or internet connectivity problems. No refunds or makeup credits will be issued for time missed due to Client-side technical issues.
Educational Materials: All custom exercises, recordings, and digital content provided by the Tutor remain the intellectual property of the Tutor. These materials are intended solely for the Student's personal, non-commercial use and may not be reproduced or distributed without express written consent.
Equipment and Instruments: The Client is solely responsible for acquiring, maintaining, and setting up all physical equipment necessary for lessons. This may include, but is not limited to, sticks, mallets, practice pads, drums, marimbas, other instruments, ear protection, music stands, and any required technology such as webcams, phone stands, or other devices. The Tutor bears no responsibility for equipment malfunctions, personal loss, or for lessons that cannot be conducted due to missing, broken, or inadequate equipment on the Client's end.
Third-Party Materials: The Client is responsible for the cost of any required third-party materials, including but not limited to specific method books or sheet music licenses, as directed by the Tutor.
8. Nature of Services
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Hamilton County in Carmel, Indiana.
ARBITRATION NOTICE: ANY DISPUTE ARISING FROM THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT.