Contracts are a foreign document to many piano teachers. This blog post is not legal advice, nor is it meant to substitute for legal advice. When issuing legal documents, ALWAYS contact your attorney. In the interest of maintaining legal status in your state, I also HIGHLY encourage you to speak with your CPA to determine if you are hiring contractors or employees when you bring on another teacher.
Here you will find a partial version of the contract we had drawn up a few years ago for independent contractors. You are not encouraged to copy this verbiage as it is in your best interest to use your own attorney, but you are certainly encouraged to read through and see if you are able to find it useful to your own entrepreneurial endeavors as a point of reference.
Centre for Musical Minds LLC, (referred to as “Company” or “The Company”) in
consideration of mutual covenants and promises, made by each to the other, agree:
This Independent Contractor Agreement establishes the lack of employer-employee
relationship between the parties.
Company and Contractor established their Independent relationships in DATE.
Contractor did not complete an application to establish this relationship.
Contractor works under its own legal name when performing services for Company.
Contractor shall carry their own business cards or maintain a business phone (other
than the commercial phone number of the undersigned agent.) Its gain or
loss is Independent of Company gain or loss.
Contractor shall hold Company harmless from actions brought by others, for taxes or
otherwise, due to its work. Company is not responsible for Contractor’s FICA or
Medicare. If the Contractor occupation requires any form to make this Agreement
effective then the Contractor shall attach it.
Contractor may do similar work for others any time it wishes, including on the same
day it does work for Company. Company shall not have a priority on Contractor time
Contractor performs services: (1) Part time; (2) For teaching music lessons; (3) For a period of time as determined by Centre for Musical Minds and Contractor. This
agreement holds until DATE.
If the Contractor would like to terminate this agreement, Company requests a 60 day notice.
Company shall pay the Contractor an hourly wage of $$$ for teaching lessons
or contracted administrative projects at a different set rate to be mutually agreed upon.
Pay dates are the 1st and 15th of each month, and pay periods are two weeks in
arrears of the current date. E.g. November 15th pay date is for teaching hours from
Contractor is encouraged to be at student recitals and/or performances
when possible and will not be financially compensated for this time.
Company shall not supervise Contractor.
Contractor will work in a professional manner, having represented that it has necessary special skills to do this.
Contractor shall redo defective work and replace damaged material at its own
expense. If Contractor does not do this at its own expense, Company may deduct
these costs from amounts due to Contractor.
Contractor need not meet a minimum quota. It will work for the time needed to do the
work or 4 or 9 months (semester), as designed by the Contractor, not the Company. The parties may orally extend this Agreement for additional periods of up to 12 months.
Company shall not provide for a drawing account or advances.
Company shall not withhold any taxes from Contractor, who shall be liable for its own
withholding, Social Security, self-employment and other applicable taxes.
Company shall not provide Contractor with, or reimburse for, hospital, medical,
business liability or Worker’s Comp. Insurance, sick or vacation pay, a work vehicle,
bonuses, gas allowances, uniforms, special clothing, pensions, music, supplies, etc.
Contractor need not wear uniforms or special clothing while doing work for Company,
except as local law or industry standard may require.
Company shall not supply Contractor with tools, or rent or lease tools. Contractor
shall provide and maintain tools, (such as pencils or pens, stickers, computer, iPad, etc...) equipment, supplies or other items needed. It is solely liable for loss, damage or theft of its property at Company locations. This includes storage at such locations.
Contractor shall protect its property and shall take it with when it leaves.
Company and Contractor shall each pay their own sales tax on
materials. A controversy or claim arising out of or relating to this Agreement, or the breach thereof, may be settled by arbitration in accordance with American Arbitration
Association Rules, at the option of the party making a claim.
The prevailing party may enter a judgment on the award of the arbitrators in any court having jurisdiction thereof. Local laws, of the place where the Company signs this
Agreement, shall apply to it. Hearings shall be at a location set by the Company.
This Agreement and any attachments are the entire exclusive agreement between
Centre for Musical Minds and the Contractor. Neither party shall assign it without
written permission. It inures to the benefit of the successors and assign of the parties.
The parties make no express or implied representations, warranties, promises or
guarantees about this Agreement, except as it expressly provides. *In the Agreement,
the masculine includes the feminine, the singular and the plural.