Rivers Music Student-Teacher Agreement

Rivers Music, LLC
700 N Street,
Davis, CA, 95616. USA
www.brianrivers.com
www.riversmusic.com

STUDENT - TEACHER AGREEMENT Before students are scheduled for lessons at Brian Rivers Music, LLC, students must first complete the registration form.

Brian Rivers Music, LLC provides high-quality music instruction, and in consideration of the mutual promises contained in this Student Teacher Agreement ("Agreement"), effective as of the Date of Registration between the registering party ("Student"), and Brian Rivers Music, LLC (“Teacher”). By completing the registration for classes, you as a Student are signing and agreeing to this Student Teacher Agreement. Student and Teacher agree as follows:

This is a legally binding contract and must be entered into by an adult, or if the Student is a minor, this Agreement is to be entered into by a responsible parent or guardian on behalf of the Student. Under all circumstances, the Student must abide by and agree to all of the Teacher’s policies and procedures. Some of the critical policies and procedures are outlined below. The teacher agrees to provide high-quality, personalized instruction based on the needs and goals of the student. The teacher will communicate in a clear and timely manner and respond to Student questions and concerns and provide feedback regarding Student learning. The teacher will provide a clean and comfortable learning environment that includes seating, music stands, amplification as needed, cables, music playback system, Internet, printer, and any other items to facilitate Student learning.

• By completing this registration, you are committing to paying for all regularly scheduled weekly lessons in the current session unless you opt out* before the end of the session by giving two weeks ' notice.

* Opting out of the current session – This requires two-week advance notice. The student will no longer be enrolled in the current session, and they will lose their current time slot. Any unused payments after the two-week notice period will be refunded.

* New Students – The first lesson is free! The trial period is two weeks of paid lessons. If you are not 100% satisfied, at the end of the two-week trial period you can opt-out any time before your third paid lesson. Attending the third paid lesson ends the trial period and all terms and conditions set forth in the STUDENT-TEACHER AGREEMENT are in effect.

• Late registrations and enrollments after the start of the session will be prorated for the remainder of the current session.

Covid Exception: Students should cancel lessons if they receive a positive Covid test or have been in close contact with a person who tests positive or is showing symptoms that resulted in them taking a covid test and they are still awaiting results. In this case, the Student should tell the Teacher as soon as possible. The Student is not expected to pay for missed lesson this this situation. If the Student has paid in advance for the lesson and does not schedule a make-up lesson, the lesson will be refunded.

Fall and Winter/Spring Session terms

Lessons Scheduled at 3:30 pm or Later (Peak demand lesson times)

Make-up Lessons: As a courtesy, there are (2) two make-up lessons allowed per session, subject to teacher availability and with 72-hour advance notice. (Online lessons can be requested at the last minute by text.) The Teacher will make a reasonable effort to find a make-up lesson time.

Students who do not reschedule lessons 72 hours in advance are billed at full price.

Note: The more notice given to the Teacher, the better the chance of a make-up lesson being arranged. All make-up lessons should occur within the session dates. There will be no carry-over credits to the following session.

Lessons Scheduled at or Before 3:00 pm (Off-peak demand lesson times)

Lessons that are scheduled at or before 3:00 are ideal for students who need flexibility with scheduling. While regular weekly attendance is expected and encouraged for student progress during this off-peak time, rescheduling and cancellations policies are more flexible.

Cancellations: Lessons that are scheduled at or before 3:00 pm can be canceled or rescheduled without penalty (subject to the term minimum) by giving 24-hour or more advance notice. Students who do not cancel or reschedule lessons 24 hours in advance are billed at full price.

Discount lesson package:

$40.00 per 30-minute lesson by prepaying 4 or more lessons ($160.00 minimum) in advance of the scheduled lesson time.

$70.00 per 60-minute lesson by prepaying 4 or more lessons ($280.00 minimum) in advance of the scheduled lesson time.

Pay-by-the-lesson pricing is $45.00 per 30-minute lesson, and $80.00 per 60-minute lesson due at the lesson.

Payment methods:
Venmo @Brian-Rivers-4
Paypal - link on my website: www.brianrivers.com
Personal check payable to: Brian Rivers Music, LLC. Hand delivered at the lesson or mailed to: Brian Rivers 700 N Street, Davis, CA, 95616.
Cash at the lesson. If you need other payment options, please contact the Teacher.

Additional Fall and Winter/Spring Session terms that apply to all students scheduled at all times

Bad Weather
Online lessons (Zoom) are available in the case of bad weather or other issues that prevent a Student from attending a lesson. There are no credits for bad weather unless canceled by the Teacher.

Spring vacation exemption: If a student is planning a spring vacation during the fall/winter session, they should give a minimum seven-day notice. In this case, the Student will not be billed for that lesson, and it will not count toward a missed or rescheduled lesson limit. If the lesson canceled for spring break is not rescheduled (Make-up lesson) the student will be refunded for that unused lesson at the end of the session.

Summer Session terms

Weekly students are given "Schedule Priority" based on the number and length of weekly lessons during the summer term. Your request should be accompanied by full payment. You will receive a confirmation that your request and advance payment has been received. If it is not possible to accommodate your requested lesson times, you will be contacted and offered to select an alternative time or receive a refund for any lessons that were not able to be scheduled.

Lessons can be rescheduled without penalty as long as they are rescheduled within the summer session by giving notice 24 hours or more advance notice. Students who do not cancel or reschedule lessons 24 hours advance notice are billed at full price and not eligible for rescheduled lessons. Canceled lessons can only be made up during the summer session. There are no refunds or credits for missed summer lessons.

Refund Policy
For lessons that are scheduled at 3:30 pm or later during the fall and spring sessions or for lessons scheduled during the summer session, the tuition is not refundable unless 1) the student “opts out” of the session with two weeks advance notice, 2) classes are canceled by Brian Rivers Music, LLC or 2) if Brian Rivers Music, LLC is notified in writing by email or text that there has been a significant change in the employment or health status of the Student or guardian in which case the unused remaining prorated portion of the term will be refunded in full. Notwithstanding anything herein to the contrary, all refunds remain at the sole discretion of the Teacher.

For lessons that are scheduled before 3:00 pm during the fall and spring sessions or for lessons that are scheduled during the summer session, classes can be canceled and refunded or rescheduled without penalty by giving notice 24 hours or more in advance. Students who do not cancel or reschedule lessons 24 hours in advance are billed at full price.

Student Responsibilities (all sessions)

• Students should plan on spending a minimum of 20 - 30 minutes a day, five days a week of practicing to get the most from their lessons. Your level of success depends on your individual, at home practice.

• Excessive missed lessons (even though they are paid for) result in poor student progress. Attendance is critical to success.

Students shall be responsible for bringing: music, and an instrument (in good working order). Students may use a video/audio device (smartphone etc.) to record all or part of a lesson for their personal use. Occasionally Students may be asked to buy method books, sheet music, or other small accessories for use in learning or playing their instrument. The costs of any additional items are not included with the instructional fees.

Waiting Area

Students and family members may wait in the waiting area. At no time shall any child or sibling of a Student be left unattended in the studio or waiting area. It is important to not make excessive noise in the waiting area, as that can be distracting to the student currently attending a lesson.

It is recommended that parents of Students 6-9 years old observe the lessons to be able to help guide at-home practice.

Parking Guidelines

Parking is available on the street in front of Brian Rivers Music, LLC. Please do not block the driveway or neighbor's driveways.

Communication

For enrollment, known schedule conflicts, reschedule requests, payments, opting out, etc. please use email: brian@brianrivers.com. Should you need to send written communication or payment through the mail, please send it to:

Brian Rivers Music, LLC
700 N Street
Davis, CA, 95616, USA.

For brief, time-sensitive communications such as last-minute lesson cancellations, text messages can be sent to 513-335-0624. Please be sure to include the Student’s name in the text message. Too often all we can see is a phone number and we have no way of knowing who is sending the message.

Waiver of Liability

Students participating in music instruction at Brian Rivers Music, LLC do so at their own risk.

The Student agrees to indemnify and hold harmless the Teacher from all claims, losses, expenses, and fees, including attorney fees, costs, and judgments that may be asserted against the Teacher that result from participating in music instruction through Brian Rivers Music, LLC. The Student agrees to further indemnify and hold the Teacher harmless from any liability, loss, damage, or expense, including legal fees, arising out of the negligent performance of either party’s respective obligations under this agreement. The teacher shall not be liable for any injury sustained while on the premises, nor be held responsible for any medical expenses incurred as a result of participation in music instruction through Brian Rivers Music, LLC.

Still Image, Audio and Video Usage

Student work and participation in music instruction courses at Brian Rivers Music, LLC and at performance events sponsored by Brian Rivers Music, LLC may be photographed or recorded in either audio or video format. By participating in these classes or events, Student agrees that Teacher may use any photographs, videos, artwork, or any other materials created while Student participates in our programs for publicity and advertising purposes, without any further compensation to Student or any other third party. In using any images or recording, all minor participant names will not be included without advanced permission form the parent or guardian.

Miscellaneous

If a dispute arises under this Agreement, and if the dispute cannot be resolved through good faith negotiation, the parties agree first to try to resolve the dispute with the help of a mutually agreed upon mediator. The parties will share any mediation costs and fees other than attorney fees equally. If it is impossible to arrive at a mutually satisfactory solution within a reasonable time, the parties agree to submit the dispute to a court of competent jurisdiction in the city of Cincinnati, Hamilton County, Ohio.

This Agreement shall be governed by and construed under the laws of the State of Ohio. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. If any legal action or other proceeding is commenced to enforce or interpret any provision of, or otherwise relating to, this Agreement, the losing party shall pay the prevailing party’s actual expenses incurred in the investigation of any claim leading to the proceeding, preparation for and participation in the proceeding.

This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or prior to the effective date of this agreement will be binding on the parties.

By completing the registration for classes, you, as Student or Student Guardian, are signing and agreeing to this Student Teacher Agreement.

Brian Rivers
Teacher
Brian Rivers Music, LLC