Student - Instructor Agreement

This is a family instructor agreement between the instructor ("Instructor") and the parent or guardian ("You") listed below, regarding the provision of instruction services to the student(s) ("Student(s)") listed in the attached Instructional Schedule. This engagement has been arranged by Arts2You LLC ("Arts2You"), which acts as the Instructor's agent. .

1. Lessons; Supervision. The Instructor shall provide the instruction to the Student(s) at the location and according to the schedule listed in the attached Instructional Schedule, or as otherwise agreed upon by You and the Instructor. You shall attend, and remain present in person during the conduct of, each lesson.

2. Payment. You agree to pay all instructional fees directly to Arts2You, as agent for the Instructor, pursuant to the attached Instructional Schedule. Fees must be paid directly to Arts2You before commencement of instruction by delivery of a check made payable to "Arts2You" and mailed to Arts2You, LLC, P.O. Box 111, Weston, MA 02493. Lesson scheduling is subject to the availability of the Instructor and Your requested lesson schedule will be confirmed when payment is received. Arts2You will reasonably assist You in modifying the requested schedule if necessary. Payments made directly to the Instructor may not be credited to Your account.

3. Relationship Between You, the Student(s), Instructor and Arts2You. By signing this Agreement, You are engaging the Instructor as an independent contractor. You are not contracting with Arts2You, and Arts2You is not responsible for the Instructor's activities or conduct in connection with this engagement. You represent that You are the parent or legal guardian of the Student(s), and agree to pay all fees associated with the instruction provided under to this Agreement.

4. Ownership of Lesson Content. Materials used by the Instructor in connection with the lessons ("Lesson Materials") are the property of the Instructor and/or third party. Except as approved by the Instructor, neither You nor the Student(s) may copy, publish, or distribute these materials.

5. Disclaimer of Warranties and Damages; Limitation of Liability. THE INSTRUCTION IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW. THE INSTRUCTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER AND/OR ANY LESSON MATERIALS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INSTRUCTOR AND/OR ARTS2YOU EXCEED THE AMOUNT PAID BY YOU AS FEES HEREUNDER.

UNDER NO CIRCUMSTANCES SHALL ARTS2YOU OR THE INSTRUCTOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU OR THE STUDENT(S).

6. Cancellation. By signing this Agreement, You are committing to pay for the number of lessons listed in the attached Instructional Schedule. Instructor, or Arts2You on the Instructor's behalf, will schedule a make-up lesson for 1 properly cancelled lesson. To properly cancel a lesson, You must call or email Arts2You at least 24 hours in advance at the telephone number or email address set forth on the Instruction Schedule. If, for any reason, including illness, You or the Student cancels more than 1 lesson, then You and the Student forfeit any additional credit for such cancelled lessons. Exceptions are made for religious holidays and conflicting school holidays. Lessons cancelled without 24 hours notice are not eligible for any make-up credit. If Your Instructor should miss a lesson for any reason, such as for inclement weather, a make-up class credit will be extended. You should contact Arts2You if You have additional questions regarding lesson cancellations..

7. Refunds. Due to the short nature of the Arts2You pilot program, You may not receive a refund after 2 lessons. If You don't feel that the Instructor is the right fit for the Student(s) , and You notify Arts2You of this fact (by calling or emailing Arts2You at least 24 hours in advance at the telephone number or email address set forth on the Instruction Schedule) before the second lesson, You may withdraw and receive a full refund for any unredeemed lessons. Arts2You will present You with the opportunity to use an alternate instructor first, should one be available. If You elect to try the suggested alternate instructor, an additional 2 weeks will be granted under the same terms with that instructor. No refunds are issued for students after two weeks into the semester.

8. Miscellaneous. You and the Instructor each acknowledge that Arts2You shall constitute an intended third party beneficiary of this Agreement, and that Arts2You may enforce the payment requirements hereunder. This agreement encompasses the entire agreement of the parties with respect to its subject matter, and it may not be modified or amended except in a writing signed by both parties. This Agreement will be governed by the laws of the Commonwealth of Massachusetts without reference to any choice of law principles of Massachusetts. The parties agree to exclusive personal jurisdiction and venue of the courts located within the Commonwealth of Massachusetts.