Disclaimer
Bravo Music Lessons LLC (“Bravo”) refers independent music teachers to students, and provides a convenient and secure payment conduit between teachers and students. The teachers that Bravo matches with students are independent contractors, and not Bravo employees. Bravo does not warrant or guarantee the suitability of a teacher for a student, does not warrant or guarantee results, and is not liable for any damages of any nature arising out of or in connection with the actions or inactions of any music teacher..
This Agreement and Release (“Agreement”) is entered into as of the date set forth below between Bravo Music Lessons, LLC (“Bravo”) and the undersigned client (“Client”). Client acknowledges and agrees that he or she has read and understands this Agreement, and agrees and consents to the contents hereof.
1.
Services. Bravo provides a matching/referral service between independent music instructors (“Instructors”) and prospective music students, including Client. Bravo also provides a payment conduit between teachers and students. Bravo does not provide music lessons.
2.
Payment. Bravo agrees to provide an invoice at the end of each month, billing Client for the music lessons taken from Instructor during the month. Lessons will be billed as reported to Bravo by the Instructor, at the rates set forth on Bravo’s website. Client shall not be billed for one free introductory lesson, and Client may cease taking lessons from Instructor at any time. Bravo shall have no obligation to independently verify the accuracy of Instructors’ reports of lessons taken by Client, and shall have no liability for inaccurate or fraudulent reporting by an Instructor. Client agrees to pay the monthly invoice promptly upon receipt. Non-payment of an invoice shall constitute grounds for suspension or discontinuance of lessons. Client shall not pay the Instructor directly, and agrees not to hire or pay any Instructor found through Bravo, except through the Bravo payment system, for one year after Client’s last payment to Instructor through the Bravo system.
3.
Instructors. The Instructors are independent contractors, and are not employees of Bravo. Bravo does not warrant or guarantee the suitability of any Instructor for any particular Client, and Bravo does not warrant or guarantee the services provided by any Instructor. It is Client’s responsibility choose and approve the Instructor best suited for Client.
4.
Scheduling and Cancellation. Client and Instructor shall agree on lessons scheduling and a cancellation policy. Different Instructors may have different scheduling and cancellation policies, and Bravo plays no role in scheduling lessons or accounting for cancellations.
5.
Release and Indemnification. Client agrees that under no circumstances is Bravo liable for any incidental, consequential, material, punitive, physical damage, bodily injury, emotional distress, discomfort, mental, or other damages of any nature whatsoever arising out of or in connection with the actions or inactions of any Instructor. While Bravo has obtained a criminal background check of each Instructor at the time that he or she became affiliated with Bravo, Bravo does not and cannot independently guarantee the accuracy of such a check, and Bravo does not and cannot guarantee that there has not been a material change in an Instructor’s status since the time of the initial check. Client further agrees to indemnify, defend, and hold Bravo, its officers, and its employees harmless from any and all claims damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from any interactions between Client and an Instructor found through Bravo.
6.
Miscellaneous. This Agreement, together with the Terms of Service located on Bravo’s website (www.bravomusiclessons.com), comprise the entire agreement between the parties with respect to the subjects addressed herein, and may only be modified in a writing signed by both parties. The term “Client” shall include children in Client’s custody or control, and shall include invitees present at Client’s residence while Instructor is present. To the extent that there is any conflict or disagreement between this Agreement and the Terms of Service, this Agreement shall govern. This Agreement shall be governed by the laws of the State of Virginia, without respect to its conflict of laws principles. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term, and Bravo’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
