1. Parental Consent for Minors

Minors, herein defined as individuals under the age of eighteen (18) years in accordance with Florida law, require the explicit consent and active participation of a parent or legal guardian for all decisions relating to payments, contractual terms, and any legal or compliance-related documentation associated with this Agreement.

Access to the Student Portal requires an email address. Parents will have access to the portal on behalf of the minor. If a minor wishes to have independent access, an email address must be provided, along with written consent from the parent or guardian.

Upon reaching the age of majority, as stipulated by Florida law, the student shall be required to enter into a new Agreement to continue receiving services. Furthermore, any transfer of account ownership shall necessitate the execution of a new Agreement by all relevant parties to ensure continuity and compliance with contractual obligations.

Parents or legal guardians must authorize any amendments to the contractual terms, including but not limited to cancellations, refunds, or other substantial modifications.

2. Lesson Conduct and Expectations

• Lesson Duration: Lessons shall be conducted in intervals of either thirty (30) minutes or one (1) hour. Punctuality is of the utmost importance to optimize the learning experience. Should a student arrive late, the lesson will conclude at the originally scheduled time in order to respect subsequent appointments.

• Student Conduct: Students are required to arrive well-prepared, remain attentive, and exhibit respectful behavior throughout each lesson. Disruptive behavior may result in the immediate termination of the session, without any entitlement to a refund. The instructor shall document any incidents leading to such termination, with written notification provided to both the student and parent or guardian.

• Parent Conduct: Parents are encouraged to support their child’s musical education but must refrain from interrupting the lesson. Questions or concerns should be directed to the instructor via email or discussed before or after the lesson. Communication between parents and instructors shall be conducted through email or pre-arranged meetings.

• Inappropriate Behavior: Inappropriate behavior includes, but is not limited to, unethical or immoral conduct, abusive language, physical aggression, or any other actions that compromise the safety and well-being of students or instructors. Instructors are expected to conduct themselves with professionalism at all times, including maintaining punctuality, respecting student privacy, and adhering to confidentiality requirements. They are prohibited from engaging in any behavior that may compromise the integrity of the student-instructor relationship. Such behaviors shall be reported immediately in writing, and appropriate actions will be taken, which may include suspension or termination of lessons. This policy is in place to ensure a safe and respectful environment for all participants.

• Lesson Materials: Students may be encouraged to purchase instructional books or other learning materials, but such purchases are not mandatory. Any required materials shall be provided by the instructor. Students shall not reimburse instructors for any materials. Payments made directly to instructors are not allowed and shall be considered invalid. All payments must be made through the Student Portal, and no cash payments are accepted. Instructors are prohibited from soliciting money from students or parents. Any instances of such behavior must be promptly reported.

• Lesson Notes: After each lesson, instructors are required to provide Lesson Notes summarizing the session. These notes shall be added to the Student Portal, and a copy may also be sent via email to ensure comprehensive communication. Lesson Notes shall remain in the Student Portal for the duration of the student's account on the system. Inactive accounts may be removed upon request after the end of the fiscal year.

• Practice Log: Students are strongly encouraged to log their practice activities using the Practice Log feature in the Student Portal. This practice log serves to track progress and enhance communication between the student, parents, and the instructor.

3. Cancellation Policy

This section outlines the procedures for lesson cancellations through the Student Portal, managed by Port 443, Inc. Students and parents are advised to review Port 443, Inc.'s Privacy Policy (https://www.mymusicstaff.com/privacy-policy) to understand the management of personal information, ensuring fairness while maintaining flexibility for both students and instructors.

• Cancellation Initiation: Lessons can be canceled through the Student Portal.

• Response Time: Cancellation requests will be responded to within forty-eight (48) hours.

3.1 Cancellation Before Deadline

• Deadline: Students may cancel their scheduled lessons up to twenty-four (24) hours prior to the lesson start time without incurring any penalties.

• Attendance Status: Cancellations made before the twenty-four (24) hour deadline shall result in the student being removed from the attendee list, and the lesson will be marked as "Absent, Notice Given."

• Event Slot Status: If canceled before the deadline, the event slot shall become available for other students to book.

3.2 Cancellation After Deadline

• Deadline: Cancellations made within twenty-four (24) hours of the scheduled lesson shall be subject to the following terms:

• Attendance Status: The student's attendance shall be recorded as "Absent, No Make-Up," and no make-up lesson shall be offered. Payment for the canceled lesson shall not be refunded or credited, except in cases of emergencies or at the discretion of the instructor.

• Event Slot Status: Canceled slots after the deadline shall not be reopened for other students.

3.3 Make-Up Credit Policy

• Issuance of Make-Up Credits: Make-up credits shall be granted if the lesson is canceled at least twenty-four (24) hours prior to the scheduled time. Cancellations made with less than twenty-four (24) hours' notice shall result in the lesson being billable. Exceptions may be granted at the discretion of the Company for uncontrollable situations.

• Expiration of Make-Up Credits: Make-up credits shall expire forty-five (45) days from the date of issuance if not utilized.

3.4 Teacher's Discretion

Instructors retain the authority to override any student cancellation or attendance status based on individual circumstances. This may include the reissuance of make-up credits in light of the student's history or extenuating circumstances.

3.5 In-App Notifications

• Cancellation Notifications: Lesson cancellations through the Student Portal shall generate an in-app notification for the instructor. Email notifications may also be sent to ensure timely communication.

• Event Sign-Up Notifications: Any student registration for an event shall trigger an in-app notification.

3.6 Event Sign-Ups in Student Portal

Students may register for available lesson slots via the Student Portal. All sign-ups must be completed at least twenty-four (24) hours prior to the lesson start time.

3.7 Cancellation Exceptions

In cases of emergency (e.g., medical emergencies, family crises) or unforeseen circumstances, students may contact Frank's Music Services, LLC to discuss potential exceptions to this Cancellation Policy. All exceptions shall be evaluated on a case-by-case basis.

4. Service Termination

Service termination must be initiated via email to frank.torres@franksmusik.com. Termination notice must be provided at least two (2) weeks from the last lesson date or two (2) weeks from the next payment date, whichever comes first. If proper notice is not given, the client may be liable for payment for the subsequent billing period. No new prepayments shall be accepted upon termination notice. Auto-Pay will be canceled upon receipt of the termination notice to prevent any risk of unwanted payments.

Pre-paid lessons must be completed, and any outstanding balance must be used upon termination of the Agreement.

5. Refund and Credits Policy

5.1 Credits

• Retention of Credits: Credits issued in lieu of refunds shall remain in the client's account indefinitely, unless otherwise specified in promotional materials or agreements.

• Non-Transferability of Credits: Credits are generally non-transferable and intended solely for the client to whom they are issued. Special exceptions may be considered upon written request.

5.2 Credit Transfers

Requests for credit transfers must be submitted in writing and are subject to approval by Frank's Music Services, LLC. Such requests may be initiated by either party, including clients/parents or Frank's Music Services, LLC.

5.3 Dispute Resolution

Clients agree to notify Frank's Music Services, LLC in writing of any disputes regarding this policy. Upon receipt of a dispute notification, Frank's Music Services, LLC shall respond within ten (10) business days. The Company shall endeavor to resolve disputes amicably through mediation, prior to pursuing any formal legal remedies. If mediation fails, clients may escalate the dispute to formal arbitration, as per Florida state laws.

6. Billing and Payment Policy

6.1 Payment Gateway

Frank's Music Services, LLC utilizes Stripe for all financial transactions. Clients are advised to review Stripe's Privacy Policy to understand how financial information is managed. The Stripe Privacy Policy is available at https://stripe.com/privacy.

6.2 Auto-Pay

• Removal of Auto-Pay Requirement: Clients are no longer required to enroll in Auto-Pay. Those wishing to continue utilizing Auto-Pay must request re-enrollment.

• Consent for Auto-Pay: By opting into Auto-Pay, clients consent to the automatic debiting of payments from their selected payment method.

6.3 Invoicing

• Invoice Generation: Invoices shall be automatically generated based on lessons scheduled for the upcoming month. Invoices shall be issued on the twenty-fifth (25th) of each month, with payments due by the fifth (5th) of the following month. All balances will be transferred, and lessons will be prorated if not coordinated to start at the beginning of the billing period (first day of the month). Clients shall receive email notifications upon invoice issuance.

6.4 Late Payment Penalty

• Late Payment Penalty: Any payments not received by the fifth (5th) of the month will be subject to a fifteen percent (15%) late payment penalty. This penalty will be applied to the total outstanding amount.

7. Pricing

• Pre-Paid Lessons (4 lessons or more):

• $60/hr or $35/30 mins
  (Pre-paid lessons offer cost savings and priority scheduling compared to pay-per-lesson options.)

• Pay per Lesson:

• $90/hr or $50/30 mins

• Registration Fee:

• $35

• Price Changes:
  Pricing is subject to change at any time, with at least two (2) months' notice provided.
• Grandfathered Rates:
  Existing clients may be grandfathered at their current rates prior to January 2025. Price increases may still apply unless otherwise notified.

8. Communication Policy

All electronic communications, including emails and messages through the Student Portal, are subject to data privacy protocols. Frank's Music Services, LLC shall take reasonable steps to protect the confidentiality and security of such communications, but cannot guarantee absolute security. By using these communication methods, clients acknowledge and accept any associated risks. Additionally, the Company shall not be liable for any communications outside of the authorized Student Portal or email channels. This policy is in place to protect all parties involved.

9. Instructor Conduct and Responsibilities

Instructors are expected to uphold a structured, supportive, and professional learning environment that prioritizes the student’s growth and enjoyment of music. Instructors must maintain punctuality, respect student privacy, adhere to confidentiality requirements, and conduct themselves with professionalism at all times. They must not engage in any behavior that compromises the integrity of the student-instructor relationship. Any breach of these standards may result in disciplinary action, including termination.

10. Liability Waiver

Frank's Music Services, LLC shall not be held liable for any physical, emotional, or psychological injuries sustained during lessons or related activities. By participating in lessons, clients acknowledge and assume all risks involved and release Frank's Music Services, LLC, its instructors, and affiliates from any claims or liabilities.

11. Intellectual Property Rights

All lesson content, including but not limited to recordings, materials, and performances, are the intellectual property of Frank's Music Services, LLC. Any unauthorized recording, distribution, or use of lesson content is strictly prohibited. Students may use the materials provided for personal learning purposes only.

12. Amendments to Contract

Frank's Music Services, LLC reserves the right to amend the terms of this contract at its sole discretion. Clients shall be notified of any amendments via a written notice in the Student Portal. Amendments shall take effect immediately unless otherwise specified. Clients are encouraged to periodically review the contract for updates.

13. Governing Law and Jurisdiction

This contract shall be governed by and construed in accordance with the laws of the state of Florida. Any disputes arising out of or in connection with this contract shall be subject to the exclusive jurisdiction of the courts of Florida.