Provider Policies
Last update: July 12, 2022
Providers join our Teacher Network as an educational partner, affiliate, and member. Membership is by approval only by our Provider committee, who carefully curate the network, seeking a network of the best quality of the Instructors for our Student Members. Membership comes with many benefits and opportunities for teachers, including student referrals, exposure to our membership, and periodic career-building workshops. Providers are bound by the terms of use located here as well as the following Provider Policies. These Provider Policies shall be merged with the Terms of Use located here upon Provider's use of the Platform. By joining our membership and using our services and Platform, you, the Provider, are bound by these additional terms of use:
1. Student Referrals (called "Referral" or "Referred Student' or "Student"): Student referrals are student members or non-members referred by the Platform to Providers for music instruction.
1.1. Eligibility & Expectations: Active Provider Members are eligible to receive new student referrals from us at-will for both parties; both member and non-member students may be referred. By joining this teacher network, Provider receives the eligibility, but not the right, to receive Student referrals from the Platform. No income guarantee is made to Provider. Platform has no obligation to make initial or subsequent referrals to Provider. The Platform makes no guarantees to the longevity of student referrals. Students may stop lessons at any time. Students are not compelled to continue with Provider past the Initial Package, nor are they compelled to finish their Initial Package (see section titled "Initial Package") with a Provider. Provider should ensure initial sessions with a new student referral are positive and productive so the student may make the decision to continue for months and hopefully years to come!
1.2 Referral Notification & Acceptance: When a new student is referred, the Provider will be notified by email immediately and shall make initial contact with the student within 24 hours of receipt and schedule the first session within 3 days. If Instructor fails to meet these deadlines the student may be re-assigned to another Provider and the Provider's Listing may be removed or placed inactive. Once a student is referred, Provider is considered to have accepted the referral once the first lesson is booked. Provider may decline the referral only up until the referral is accepted by notifying us via email to schedule@m4arts.org AND text to 202-952-2202.
1.2 Referral Screening: M Institute is an equal opportunity platform and our Providers shall not to deny working with students, other members, or staffers based on their political affiliation, race, sexual orientation, gender identity, nationality, or any other marginalized criterion. Additionally, any and all content or events produced or hosted by the teacher's studio should be inclusive and not offend any marginalized person or group of people on or off the M Institute platform. Complaints or observed behavior that is not inclusive of all the various different types of students our platform proudly hosts will result in the Provider's immediate removal from our platform.
Otherwise, Providers may be as selective or open as desired with preferences for student types based on the criteria specified in Provider's Listing. Provider may interview any referral before accepting by conduct a Meet & Greet prior to booking referral lessons and accepting the referral.
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Meet & Greets are optional and should be considered an initial meeting, but not a lesson, between students and teachers for both parties to decide if the student-teacher relationship is a good fit for each party. Students are only entitled to one meet and greet per teacher and the student is not considered referred only because a meet and greet is set up, though in some cases the student may already be referred. No lesson fees shall be exchanged between student and teacher until the full Initial Package is purchased and completed by student and Provider. No bookings shall be scheduled or completed until Provider receives emailed proof of purchase for the Initial Package. It's also a great time to go over your studio policies. Meet & Greets are free to students and Providers receive no compensation, but Providers may determine the length and method of the session, such as in-person, over-the-phone, or online.
1.3 Pre-Existing Relationships: A pre-existing student is defined as a non-referred student who is actively engaged in lessons with Instructor prior to beginning their Membership and has had their most recent lesson with Instructor within the past twelve (12) months. Though any student who wants to join may become a student member, the M will not offer discounted lessons to your pre-existing students, unless Provider agrees. If a pre-existing student comes to a Provider as a referral, Provider should forward some sort of evidence of a pre-existing relationship within 7 days of receipt. For this reason, please don't hesitate to invite your private students to our platform and events. The more the merrier and private lesson registration through us is not required with a membership.
1.4. Referred Student-Teacher Relationship: When a Provider accepts a new student referral, the Provider enters into a direct business relationship with the student. The M is not a third party to the lessons and their administration and billing. M Institute is not responsible for providing any kind of scheduling, billing, or accounting platform for referred lessons. Providers are encouraged to obtain their own Liability Insurance to protect themselves if administering lessons on their private property.
2. Lesson Fees & Compensation
2.1. Lesson Pricing: Non-member student referrals shall be quoted the standard rates normally charged by Provider. Provider is responsible for notifying the M of these rates. Certain discounts shall be offered to active Student Members, as outlined under the section titled, "Network Benefits."
2.2 Initial Lesson: The initial lesson is the first lesson a student receives from a new provider of a length of the student's option, up to 60 mins. Providers agree to consider the initial lesson a promotional benefit to our student members and shall not to bill either the referred student nor the Platform for the lesson. Instructor shall take no payments for the Initial Package or any Services or Memberships other than private lessons that occur after the Initial Package.
2.3 Subsequent Lessons: After the Initial Package, Provider shall have the right to charge students directly for lessons between the parties and retain 100% of the lesson revenue. The M is not responsible for billing students after the Initial Package. Provider is not compelled to continue working with the referral for subsequent lessons. We appreciate Providers letting us know if the student needs to be place with a different teacher so they may still receive their membership benefits by booking with another teacher in our network!
2.4 Promotional Packages: The Platform from time to time may offer promotional packages to student members, such as a discounted package of lessons with a new membership. Providers will be given the option to opt-in or opt-out. If a Provider opts-in to a promotion, the Provider will be bound by any additional terms included in the promotion.
4. Lesson Administration: Provider is solely responsible for administering referred student lessons.
4.1. Lesson Location: Members shall maintain their own professional, appropriate, and safe teaching space for referred lessons. A room with a bed in it is not appropriate. A facility without access to restroom facilities is not appropriate. Your studio is solely responsible and liable for the Members' wellbeing while working with you and while on your premises. The M may from time to time offer music room rentals and/or use for Members for use for rehearsal, lessons, and events and may or may not charge Members for using those rooms. However, the Platform is not obliged to offer music rooms for any reason, including for lesson administration of referred students.
4.2. Cancellations & Other Policies: The M provides no policies to students for their lessons to allow Teachers the flexibility to provide their own policies that work for their studios. For Provider's policies to be enforceable, Provider must furnish explicit notice of said policies to the student prior to booking their lessons with you, including those first lessons you are booking as part of the Initial Package. The M is not responsible for referred student's policy violations, nor for enforcing Provider's policies.
5. Network Benefits: Providers shall offer certain benefits to active Student Members. Our student members are guaranteed these membership benefits with Providers. By becoming a Provider, your studio agrees to abide by applicable guaranteed benefits offered to Members. Guarantees, member benefits, and terms of use are subject to change at anytime with reasonable notice and your studio may terminate your affiliation at anytime with notice of termination by emailing schedule@m4arts.org AND texting 202-952-2202. By keeping an active Listing and being an active Provider, your studio is bound by these policies and obligated to offer relevant benefits. At this time, those benefits include the following:
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10% Off Lesson Pricing: M Institute and its Providers guarantee M Institute Student Members shall always receive 10% off any and all of its Providers regular lesson rates so long as the Provider or the Student remains an active member. This discount is in addition to any special promotions or discounts you or your studio runs. Failure to fulfill this guarantee will constitute a breach of our policies and terms of use. This breach shall be grounds for removal from our platform and Provider shall be held responsible for any necessary refunds or credits due to the student, whichever the student prefers, within 10 days. Refunds or credits due to the student may include the difference in fees that were incorrectly discounted for the time they were incorrectly billed.
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Example: If Provider, Jane Doe, charges $100 per hour for a single lesson, and $95 an hour for a package of ten lessons, our members receive Jane's single hour lesson for $90 and her package of ten lessons for $85.50 per hour.
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4. Audits: M Institute may from time to time request receipts of the amounts a Provider is charging active members, previously referred student members, or Provider's regular clients to ensure quality control of our network benefits and that M Institute policies are being upheld. Reasons for audits include but are not limited to member complaints, suspicion of policy violations, or a simple network-wide audit. M Institute agrees not to conduct excessive, retaliatory, or unneeded audits of your studio. The most likely trigger for an audit is a direct member complaint. Provider agrees to cooperate with reasonable audits and request for documentation and to produce requested documents in a timely manner.
5. Group Classes & Events: M Institute is first and foremost a community and we cannot properly market the Teacher Network (and you!) and encourage an active membership without the help of its Teacher Network for various types of events and content. Unengaged members are also more likely to drop lessons. Group classes are optional but are encouraged and should be considered both marketing opportunities for yourself to students as well as valuable teaching tools and experiences for students. The quality and topics of your classes will impact your success.
Examples of these types of special events and content include social media asks, live special events like lecturers and masterclasses, blogs, pre-recorded on-demand content, jury/committees, participation in New Era online groups and discussions, and similar types of content. While participation is not required, lack of teacher involvement in these types of events and content severely limits our ability to promote both your studio and enrich our community as a whole. Thus, this lack of community participation could result in low to no student referrals, low student retention for your lessons together, and even removal from the Teacher Network.
If/when we work together on special events and content, it's important to remember we need a lot of time to prepare and promote a Provider's event or content properly, and may also be working on multiple projects at once. It's also important to remember we need your help cheering each other's event on. For our team, a good working relationship involves Provider's producing any necessary materials by their respective deadlines, which we will provide you, and promoting the event to your studio and on your social media pages.
The admin team must approve each event and content item. Paid events are on a case-by-case basis. Events may often be "piggy-backed" on other external events, such as a masterclass you are teaching could potentially be promoted as an event in M Institute, especially with a special M Institute Discount offered to our members!
6. Content & Media Rights, Use, and Ownership: Unless expressly agreed otherwise in writing, I agree M Institute shall own the copyright for any classes, content, or recordings I produce on their behalf. I furthermore give M Institute permission and license to use any and all content I submit to the M or that is recorded of myself by M Institute for as long as M Institute chooses to use it, including but not limited to video, audio, and written content. I understand and consent to my classes and content being recorded and used for promotional use as well as member content, which is a paid feature. I waive any and all rights to royalties of this content.
7. Relationship of the Parties: M Institute is not an employer to Providers and in most cases we do not actually end up paying Providers, the students pay Providers directly. Nor do Providers pay us commissions or fees, the students pay us the referral fee directly through their initial package. Therefore no employment relationship exists between the parties. Unless we agree on special circumstances, you will not be due payment from us. Should an occasion arise where you receive a fee from M Institute, you will be working with us as an Independent Contractor and not an employee of the M, unless expressly agreed otherwise in writing, and shall be responsible for all applicable taxes on disbursements on that payment, such as income tax, social security tax, Medicare tax, unemployment tax, and other taxes and fees, if any, required by law. For all lessons, including the Initial Package, Instructor shall supply all equipment, supplies, and venue used in instruction. Expenses of Instructor shall not be reimbursed by Adviser. Instructor shall maintain a professional teaching environment for both online and in-person lessons. Instructor is free to engage in business activities with other individuals or entities or the general public, subject to Instructor’s obligations and covenants under this Agreement. The curriculum and methods of instruction shall be determined by Provider. Adviser is not responsible for providing any benefits including, but not limited to, insurance, health plan, retirement plan, sick time, holidays, or vacations. Instructor will defend, indemnify and hold harmless Adviser from and against any and all liability for the payment of taxes, interest and/or penalties, as well as damages and costs, including attorney’s fees, in connection with any claim that Instructor is an employee of Adviser. Providers is responsible for obtaining appropriate work visas, citizenship, or other work authorization required to teach referrals and accept payment at their chosen location.
8. Provider Restrictive Covenants – Confidentiality, Non-Solicitation, Non-Disparagement.
Provider agrees to be bound by the following restrictive covenants (“Restrictive Covenants”):
1) Provider agrees that while these Terms and Policies remain in effect and thereafter without limit, Provider shall not publish, distribute, or communicate, whether verbally or by written or electronic publication such as social media, any of the following:
a) Platform's client information, Platform's financial information, Platform's business practices, business writings or agreements or contracts or any other business information of the Platform, or
b) disparaging content regarding the M, Members, Students, Providers, contractors, or Platform's products, services, or relationships, or
c) the provisions of these Policies, except that in the event that either Party has given notice of termination of this Agreement, or in the event that this Agreement has been otherwise terminated as hereinafter provided, either Party may disclose to referrals who have received instruction from Provider that Instructor has left the Network and may no longer offer Client lesson discounts.
2) Provider agrees that while these Policies and Terms remain in effect and for a period of twenty-four (24) months from their expiration or termination, Provider shall not:
a) possess, publish or distribute non-referred student contact information, nor provide, directly or indirectly to Students or clients of the M, any other Provider's contact information, including, but not limited to, telephone number, website, texting instruction. Instructor shall not recommend, directly or indirectly, music education services to non-referred Students outside of the business of the M. Such communication shall constitute circumvention of the Platform.
b) directly or indirectly, for Provider's own behalf or for the benefit of any other person or entity solicit, aid in solicitation of, induce, encourage, or in any way cause any Provider, staff of Platform, client, Member, Student, supplier, vendor or contractor to alter its business relationship with the M; or
c) solicit, aid, induce or in any way cause any Instructor, staff of Adviser, client, Student, supplier, vendor or contractor to alter its business relationship with Adviser, or
d) directly or indirectly, for Provider's own behalf or for the benefit of any other person or entity, provide music instruction services to any non-referred clients of the Platform. This shall constitute circumvention of the Platform.
e) directly or indirectly, for Provider's own behalf or for the benefit of any other person or entity, provide similarly discounted music instruction services to any clients of the M while circumventing the Platform.
Provider acknowledges that the foregoing Restrictive Covenants shall survive expiration or termination of this Agreement, including any extensions thereof, and are intended to obligate Instructor after such expiration or termination.
The Parties agree and acknowledge that any breach by Provider of any of the foregoing Restrictive Covenants may cause direct economic harm, diminution of future earnings of the Platform, and harm to the business and other reputation of the M.
9. Membership Termination:
5.1. Provider Termination: At this time, our Provider Membership is entirely at-will and either party may terminate their affiliation at any time. No notice period is required for either party. Notice of termination by Provider shall be accepted via email to schedule@m4arts.org AND via SMS to 202-952-2202. Notice of termination by M Institute will be made in writing via email to the Provider's email address on file or via SMS to the phone number on file.
Though no notice period is required, a courtesy notice period of 30 days is greatly appreciated to make sure our Teacher Network and offerings remains fully staffed for our members.
Certain provisions and terms may survive termination. Any terms of us regarding referrals accepted by the teacher during the time the teacher was an active Provider shall remain in effect for two (2) years following the termination date. For example, a terminated Provider shall continue to provide the membership benefit of lesson discounts to previously referred active student members but not inactive student members.
5.2. Inactive Provider Listing: If a Provider wishes to remain affiliated but is temporarily unavailable to accept referrals or participate in other activities, such as during periods of extended travel, health problems, major life events, etc, Provider may request to put their Listing on Inactive status by notify schedule@m4arts.org AND SMS to 202-952-2202. Notice should be at least 14 days prior to a known unavailability. Failure to notify us may result in Provider's termination. Our ability to know which Providers can immediately accept new referrals keeps things running smoothly for new students looking to start lessons right away, which is most students.
5.3 Student Termination: Provider shall be responsible for tracking the membership status of each student. Provider may do so by asking the student to see confirmation of their account status periodically. The M may from time to time inform Provider of a change in a student's status.
Provider shall not continue offering a similar discount to inactive student members previously referred, regardless of Provider's termination or active status.
Upon termination of membership by a Student, Provider shall not provide similarly discounted lesson pricing or similar membership benefits for services to such clients for two years after such termination. Provider shall, upon the student's membership termination, raise the referred clients lesson prices to non-discounted, typical rates for Provider's studio. Offering similarly discounted lessons to referred clients who are not student members shall qualify as circumvention of the M and is prohibited by this agreement.
10. Suspension or Termination of Terms & Policies. Provider may not suspend or terminate the Policies or Terms herein outlined. The Platform may, at any time upon the giving of written notice via email to Provider, immediately suspend, modify, or terminate these Policies and Terms. In the event termination, under the provisions of this paragraph, this Agreement shall otherwise remain in full force and effect. In the event of termination by the Platform for any reason, the Terms and Policies may be terminated immediately at the discretion of the Platform, and in such event any obligations of Provider which survive termination shall continue in full force and effect.
11. Violations of Policies & Terms of Use: Any violations of the terms of this agreement may result in the immediate removal of Member from the Platform. If the actions of the Provider cause harm to the Platform, violates the Restrictive Covenants, either directly or by circumvention, the Provider shall pay to the M the fees to which it would have been entitled within 10 days of each occurrence.
12. These Provider Policies are hereby merged with the Terms of Use located here for all Provider Members.