Agreement for Guitar Tutors
The London Guitar Academy Agreement for Guitar Tutors
Independent Contractor Agreement for Guitar Tutors
This agreement is made on / / (date)
between _________________________________________________________ (Teacher)
of _________________________________________________________ Post Code ______ ______
and James Stratton, trading as The London Guitar Academy of 21 Lonsdale Road, Queens Park, London NW6 6RA (“London Guitar Academy”) and sets out the terms and conditions on which the Teacher shall provide music lessons (“Lessons”) on the guitar either at the London Guitar Academy premises or elsewhere to any students introduced by the London Guitar Academy at such times, dates and locations as may be agreed from time to time between the Teacher and the London Guitar Academy.
This agreement shall commence on the date of the last signature at the end of it and shall continue until it is terminated:
- by either party giving not less than two weeks prior written notice; or
- in accordance with the paragraph on “Termination” below.
The Teacher shall provide guitar tuition services (“Services”) to students introduced by the London Guitar Academy from time to time (“Students”).
The Teacher shall be responsible for selecting what to teach and the manner of teaching.
The Teacher shall provide tuition in a professional manner and to the standard of a high quality music school. The Teacher must at all times maintain a professional teacher-student relationship.
In particular the Teacher agrees not to:
- enter into a personal relationship with any student;
- drink alcohol before or during lesson times;
- be under the influence of any prescription drugs, legal high or other drug in the presence of any Student or on the premises of the London Guitar Academy unless prescribed by a doctor for a recognized medical condition and not affecting or impairing your ability to conduct yourself professionally and to teach effectively.
The Teacher warrants that the Teacher is entitled to provide the Services in the UK and will inform the London Guitar Academy immediately if he/she ceases to be entitled to provide Services in the UK.
- Availability and substitutes
Subject to availability, the Teacher will be available to provide tuition to Students at the times and locations agreed from time to time in advance with the Students and notified to the London Guitar Academy (or agreed with the London Guitar Academy where the lesson will be at its premises).
Where the Teacher is likely to be unavailable for any period of time, the Teacher will inform the London Guitar Academy and shall consult with the London Guitar Academy on a suitable substitute.
The London Guitar Academy is not obliged to introduce Students to the Teacher and may provide an alternative teacher to any Student at any time at its discretion. The London Guitar Academy shall use reasonable efforts to contact the Teacher to give them reasonable notice in advance of allocating an alternative teacher to any Student or Students.
If the Teacher is unable to provide the Services due to illness or injury, the Teacher shall notify the London Guitar Academy by telephone or by email as soon as practicable and in good time to allow the London Guitar Academy to arrange for a substitute teacher.
If the Teacher is unable to provide the Services or attend any Lesson for any reason (including, but not limited to a conflicting appointment, performances, gigs, tours or studio sessions, the Teacher shall notify the London Guitar Academy by telephone or by email immediately.
- Fees and expenses
The fees charged to Students shall be agreed between the London Guitar Academy and the Teacher in advance. The Teacher agrees to provide the Services at the price agreed between the student and the London Guitar Academy and accepted by the Teacher in advance of providing the Services.
The Teacher shall not vary the fees or agree any supplemental fee, charge or expense with Students without the written agreement of the London Guitar Academy in advance. “Written” in this context includes email.
Lessons are for one hour, three-quarters or an hour or half an hour.
The initial fees chargeable to Students for the Teacher’s tuition are:
- For a one hour lesson, £[ ] per hour, comprised of the Teacher’s fee of £[ ] and the London Guitar Academy Fee of £[ ];
- For a three quarter hour lesson, £ per three-quarter hour, comprised of the Teacher’s fee of £[ ] and the London Guitar Academy Fee of £[ ].
- For a half hour lesson, £[ ] per half hour, comprised of the Teacher’s fee of £[ ] and the London Guitar Academy Fee of £[ ].
The Teacher is responsible for the Teacher’s expenses and travel costs incurred in providing the Services.
- Payment of fees
A – Fees Paid by Students (or Parent/Guardian) to the London Guitar Academy
Where fees are paid directly to the London Guitar Academy, the London Guitar Academy shall deduct its fees as set out in paragraph 4 above and shall pay the Teacher the Teacher’s fee by electronic transfer on Thursday of each week.
B – Fees Paid by Students (or Parent/Guardian) to the Teacher
Where fees are paid directly to the Teacher, the Teacher shall deduct the its fees as set out in paragraph 4 above and shall pay the London Guitar Academy the London Guitar Academy’s fee by electronic transfer on Thursday of each week.
- Other activities
Subject to paragraph 7 below, the parties have agreed that the Teacher may be engaged, employed or concerned in any other business, trade, profession or activity which does not place the Teacher in a conflict of interests with the London Guitar Academy.
The Teacher may provide tuition privately to students acquired independently of the London Guitar Academy, but shall not hold himself out as a London Guitar Academy teacher to those students.
To protect confidential information and business connections of the London Guitar Academy, the Teacher has agreed during the term and for a period of six months after termination of this agreement, that the Teacher shall not within the Greater London area:
- solicit or endeavor to entice away from the London Guitar Academy the business or custom of any Student with a view to providing Services to that Student in competition with the London Guitar Academy;
- in the course of any business concern which is in competition with the London Guitar Academy, offer to employ or engage or otherwise endeavor to entice away from the London Guitar Academy any other teacher;
- be involved in any capacity other than as an independent contractor teacher with any business concern which is in competition with the London Guitar Academy;
- be involved with the provision of goods or services to (or have any other business dealings with) any Student in the course of any business concern which is in competition with the London Guitar Academy.
At any time after termination of this agreement, the Teacher agrees that the Teacher shall not represent himself or herself as connected with the London Guitar Academy in any capacity other than as a former independent contractor teacher providing guitar tuition to Students. In particular, you agree not to use the name “London Guitar Academy” to promote yourself or your own business in any website, social media page, flyer, business card or other public published material without the express written permission of the London Guitar Academy obtained in advance.
Students introduced to the Teacher by the London Guitar Academy are business contacts of the London Guitar Academy. You must not take any such Student as a private student or as a student through any other business or concern without the express written permission of the London Guitar Academy obtained in advance.
The restrictions on the Teacher imposed by this paragraph apply to the Teacher acting directly or indirectly and whether on the Teacher’s own behalf or on behalf of, or in conjunction with, any firm, company or person.
The London Guitar Academy and the Teacher enter into the restrictions in this paragraph and this agreement having had the opportunity to take separate legal advice.
This paragraph 7 shall survive the termination of this agreement. Each of the restrictions in this paragraph is intended to be separate and severable. If any of the restrictions is held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid or effective.
- Intellectual Property
The Teacher acknowledges that the intellectual property rights to the name “The London Guitar Academy” and the London Guitar Academy logo, websites and domain names belong exclusively to the London Guitar Academy (including any patents, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
The Teacher warrants that he shall not infringe the intellectual property rights of the London Guitar Academy and, in particular, shall not register, reproduce or otherwise use any name or device (including but not limited to domain names, websites and publications) that is the same as or similar to the London Guitar Academy name, logo, domain names, websites and publications that would infringe upon them, without first having obtained the express written permission of the London Guitar Academy.
This paragraph 8 shall survive the termination of this agreement.
- Musical instruments and equipment
The Teacher shall provide the Teacher’s own instrument(s) as well as other equipment and music or tuition materials necessary to teach the Students. The London Guitar Academy is not responsible for the insurance of the Teacher’s instruments, equipment or materials or to reimburse the Teacher for any repair, maintenance, re-stringing or other expense relating to them.
The Teacher shall not use any musical instrument belonging to the London Guitar Academy or any third party at its premises without the express written permission of the owner and shall not remove anything not belonging to the Teacher from the London Guitar Academy premises.
The London Guitar Academy acknowledges that he Teacher shall not be required to insure any instrument belonging to the Student in connection with that Student’s Lessons.
Paragraph 1 sets out the ordinary notice period required to terminate this agreement. The London Guitar Academy may also terminate this agreement with immediate effect without notice (without prejudice to any fees accrued and payable at the time of termination) if the Teacher:
- commits any material breach of this agreement;
- acts in any way that the London Guitar Academy, in its absolute discretion, considers is likely to bring the London Guitar Academy into disrepute;
- is incapable of performing the Services or performs them or otherwise acts in a negligent or inappropriate way,
- is no longer suitable to teach or other wise work with the London Guitar Academy whether because the Teacher is no longer entitled to work in the UK or due to any reason that may alter the results of a full DBS disclosure or in the opinion of the London Guitar Academy, renders the Teacher unsuitable to teach any Student.
- Obligations on Termination
Any property in a party’s possession belonging to the other party and any original or copy documents obtained in the course of providing the Services shall be returned to the other party at any time on request and in any event on or before the termination of this agreement.
The Teacher also undertakes to irretrievably delete any information relating to the business of the London Guitar Academy stored on any electronic memory and all matter derived from such sources which is under the Teacher’s possession or control. This includes (but is not limited to) any database or list of business contacts and all contact details and telephone numbers of Students stored on your phone, computer, tablet or in written form.
The Teacher will be an independent contractor and nothing in this agreement shall render the Teacher an employee, worker, agent or partner of The London Guitar Academy and the Teacher shall not hold himself or herself out as such.
The Teacher shall not hold itself out as being:
- being able to bind the London Guitar Academy in any contractual arrangement; or
- as having any other relationship with the London Guitar Academy other than as a Teacher.
The Teacher is responsible for maintaining and achieving the Teacher’s own training and qualifications.
The Teacher is responsible for their own tax and national insurance payments and contributions.
The Teacher is required to hold public liability insurance and insurance cover in respect of legal liability that may arise following injury or damage to members of the public whilst teaching at the Teacher’s own home or in a public place, including transit.
Membership of a professional industry body, such as the Musicians Union, usually includes some insurance cover. If you are relying on such cover, you must keep your membership up to date.
- Indemnity for claims by Third Parties
The Teacher shall be fully responsible and shall indemnify the London Guitar Academy against any against any claims, costs, damages, liabilities or expenses for:
- damage to, theft or loss of third party equipment, including (but not limited to) musical instruments and equipment; and
- taxation whatsoever arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law.
This paragraph 14 shall survive the termination of this agreement.
- Force Majeure
Neither party shall be liable to the other for any breach by the other of any of the terms and conditions herein occasioned by an act of God, war, revolution, riot, civil disturbance, strike, lock-out, flood, fire or other cause not reasonably within the control of such party.
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
- Third Party Rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no other person other than the Teacher and the London Guitar Academy shall have any rights under it. The terms of this agreement or any of them may be varied, amended, or modified, or this agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this agreement may be rescinded (in each case), without the consent of any third party.
- Governing Law and Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
The Courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter.
Signed by the Teacher:
Date: / /
Signed by James Stratton (trading as the London Guitar Academy):
Date: / /
The duplicate copy of this agreement is to be retained by the Teacher.