This PRIVATE MUSIC INSTRUCTION AGREEMENT dated the
day of
, 20
.
BETWEEN:
THE UNIVERSITY OF MANITOBA,
on behalf of its
Marcel A. Desautels Faculty of Music, Division of Preparatory Studies
(the “University”)
- and -
(the “Instructor”)
WHEREAS:
A.
The University, through its Marcel A. Desautels Faculty of Music, Division of
Preparatory Studies, provides numerous programs of musical study (the
“Programs”) to students of the University and members of the general public (the
“Students”);
B.
The Students frequently require individual and group instruction on various
instruments, vocal/choral, and music theory (the “Lessons”);
C.
The Instructor is skilled in providing lessons in the relevant discipline as required
by the Students; and
D.
The University wishes to make arrangements with the Instructor to facilitate the
provision of Lessons to the Students.
NOW THEREFORE, in consideration of the following mutual covenants, the parties agree as
follows:
Term and Termination
1.
This Agreement shall commence on the
day of
the
day of
, 20
(the “Term”).
2.
The Instructor may terminate this Agreement:
a.
b.
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and expire on
If the University is in breach of any term of this Agreement, and fails to
rectify the breach within seven days of receiving notice; or
Without cause, upon 30 days notice in writing to the University.
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3.
The University may terminate this Agreement:
a.
b.
c.
4.
If the Instructor is in breach of any term of this Agreement, and fails to rectify
the breach within seven days of notice being sent;
Without cause, upon 30 days notice in writing to the Instructor; or
Immediately, if the University (in its sole discretion) determines that the
continuation of the Lessons may jeopardize the health or safety or Students.
If the Agreement is terminated before its expiry, the Instructor shall immediately
cease providing any further Lessons. The University shall not be liable for any costs
other than Lessons satisfactorily delivered by or before the effective date of
termination.
Lessons
5.
The Instructor agrees to provide to Students, Lessons of the type, in the amount, and
at the rates determined by the Instructor as described in Schedule A.
6.
It is understood that Students will register and make arrangements for the Lessons
through the Division of Preparatory Studies, Marcel A. Desautels Faculty of Music.
The Instructor will create a schedule for the delivery of the Lessons agreeable to the
relevant Students and the University.
7.
The Instructor will contact new Students referred to him/her within three days of
having received the referral from the University.
8.
The Instructor may arrange to teach Lessons in his/her home or other space
controlled by the Instructor. The space and environment must be satisfactory to the
Students and the University.
9.
The University at its discretion may provide studio space upon request from the
instructor. The University makes no representation or guarantee as to the amount,
frequency or quality of space available to Instructors.
10.
The University makes no representation to the Instructor as to the number of
Students which will be referred to the Instructor to teach, or the length of Lessons.
11.
The Instructor shall not offer any non-credit musical instruction at or associated
with the University except under this Agreement, or through other arrangements
with the Marcel A. Desautels Faculty of Music, Division of Preparatory Studies.
12.
The Instructor shall deliver the Lessons with reasonable skill, competence, and
professionalism, and to the satisfaction of the University.
13.
The Instructor shall be bound by all applicable policies, procedures, guidelines, and
other rules of the University and its Faculty of Music, in delivering the Lessons.
Billing and Payment
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14.
It is understood that Students will register and pay tuition to the University for the
Lessons, and the University will in turn pay the fees contemplated herein to the
Instructor.
15.
The Instructor shall invoice the University for the Lessons on the first day of each
month, for hours taught in the previous month.
16.
In the exceptional event that a due date for invoices must be adjusted by the
Division of Preparatory Studies to facilitate processing within a particular time
frame, instructors will be notified 2 weeks in advance of submission requirements.
17.
On each invoice, the Instructor shall indicate the Lessons provided at the
Instructor’s home or other space controlled by the Instructor, and Lessons provided
at University space.
18.
The Instructor will not commence Lessons until he/she has received confirmation
from the University that the registration and payment processes have been
completed by the Student.
19.
Lessons provided by the Instructor either in advance of, or in excess of, the amount
detailed upon the registration form are provided at the Instructors own risk. The
Instructor will not be paid for these lessons unless the University receives payment
from the Student.
20.
The University will pay any satisfactory invoice in the subsequent monthly payment
period provided the University has received tuition from the Student. The Instructor
acknowledges and agrees that the University is under no obligation to pay the
Instructor if it does not receive the tuition from the Student, as set out in 19.
21.
The University may review the Instructor’s records regarding the provision of the
Lessons at any reasonable time in order to confirm that invoices are satisfactory.
22.
The Instructor is not an employee of the University, and the University will not
make any remittances of income tax or other source deductions. The payment of
income tax and other required fees is solely the responsibility of the Instructor, and
the Instructor shall indemnify and save harmless the University in this regard.
23.
The University will provide the Instructor with a T4A on an annual basis for income
tax purposes.
24.
The Division of Preparatory Studies will issue an annual Tuition Receipt to each
Student of the Instructor for the calendar year, subsequent to the conclusion of that
year.
Indemnity and Risk
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25.
The Instructor shall be responsible to provide, at his/her own cost, all
off-campus space, facilities, equipment, instruments, and teaching materials
required to provide the Lessons, unless otherwise contemplated by this Agreement.
26.
The Instructor shall provide at his/her own expense a criminal record search
certificate (for the vulnerable sector) and a child abuse registry check.
27.
Each party shall be responsible for its own actions and omissions (and those of its
officers, employees and agents). Each party shall indemnify and save harmless the
other (and its officers, employees and agents) for any loss, damage, injury or
expense incurred by reason of an act or omission of the indemnifying party (or its
officers, employees or agents).
28.
The Instructor understands that he/she may not be covered by the University’s
policies of insurance. It is solely the responsibility of the Instructor to determine
and obtain what he/she feels is adequate insurance in the circumstances.
Confidentiality & Intellectual Property
29.
Music, teaching materials, and other materials utilized in the Lessons and developed
by the Instructor shall remain the intellectual property (including copyright) of the
Instructor. Students shall be granted a perpetual, irrevocable, royalty-free licence to
use such materials for their own personal educational purposes.
30.
The Instructor may request that his/her Students use music and other materials
developed by third-parties. The Instructor shall respect the intellectual property
rights (including copyright) of third-parties, and have Students purchase or pay
appropriate fees for the use of such materials.
31.
With the express or implied consent of the Students, the University may provide the
Instructor with personal information about the Students.
The Instructor
understands that the University is bound by The Freedom of Information and
Protection of Privacy Act, and shall respect the confidentiality of such information
and the privacy of Students.
General Terms
32.
This document constitutes the entire agreement between the parties, and there are
no other representations or terms, express or implied, other than those contained
herein.
33.
The Instructor is an independent contractor, and shall not become an employee or
agent of the University by virtue of this Agreement.
34.
The Instructor is not an agent of the University and is not authorized to bind the
University or incur any obligations on behalf of the University.
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35.
This Agreement constitutes a personal contract with the Instructor, and the
Instructor must provide all services related to the Lessons unless otherwise agreed
upon by the parties.
36.
This Agreement may not be assigned without the consent of both parties.
37.
This Agreement may be amended by mutual agreement in writing.
38.
Neither party shall be responsible for a failure to fulfill its obligations under this
agreement if such failure is caused by matters beyond the party’s reasonable
control.
39.
Provisions which, by their nature, should be interpreted to survive the expiry or
termination of this Agreement, shall survive.
40.
If any provision of this Agreement if found to be void, illegal, or unenforceable, such
provision shall be severed and the remainder of this Agreement shall continue in full
force and effect, provided the substantive intent of this Agreement is preserved.
41.
This Agreement shall be governed in accordance with the law of Manitoba and
Canada. Any dispute hereunder shall be within the exclusive jurisdiction of the
Court of Queen’s Bench of Manitoba (Winnipeg Centre).
42.
This Agreement may be executed in one or more counterparts, all of which taken
together shall constitute one and the same valid and binding Agreement. Delivery of
counterparts may be accomplished by facsimile transmission or electronic
document.
IN WITNESS WHEREOF the parties have executed this Agreement, individually or by their
authorized signing officer.
The University of Manitoba
Per:
___________________
__________
Dean, Marcel A. Desautels Faculty of Music
________________________
(Instructor)
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SCHEDULE “A”
To a Private Music Instruction Agreement
LESSONS & SCHEDULE
Private Instruction in:
The Instructor represents that he/she will be available to provide
instruction for
teaching weeks.
FEES
In accordance with the terms of the Agreement, the University shall collect from the
Student the following fee for the provision of the Lessons:
per hour, for Private Instruction
It is understood that the University will retain:
-
20% of this fee for Lessons taught in University space
15% of this fee for Lessons taught in the Instructor’s own studio
GROUP CLASSES AND SCHEDULE
Group Instruction in: «GROUP_DISCIPLINE»
The Instructor represents that he/she will be available to provide
instruction for the span of teaching weeks relevant to the class.
FEES
In accordance with the terms of the Agreement, the University shall collect from the
Student the designated fee for participation in the class.
Whereas the Instructor will be consulted as to his/her hourly rate for providing group
instruction, it is understood that the University will determine class fee based on viability
including instructor remuneration in addition to administrative costs.
CONTACT INFORMATION
Mailing Address:
Telephone:
Email:
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