The School of Yoga and Nature Arts:
CHANGE ATTACHMENT A EACH TIME.
IF INCOME IS GREATER THEN $600 NEED 1099 AND REPORT
INSTRUCTOR'S INDEPENDENT CONTRACTOR AGREEMENT
This contract is effective JUNE 14TH, 2023 by and between The School of Yoga and Nature Arts (the “School”) a limited liability company organized or licensed under the laws of the State of Minnesota whose principal address is 602 Tupelo Way, Chaska, MN 55318 and BOB KING (herein referred to as “Independent Contractor”) whose address is 5009 Apple Ave Duluth, MN 55804
Whereas, the School desires to obtain services from the Independent Contractor as described in Attachment A (hereinafter referred to as “the services”) and the Independent Contractor has the skills and abilities to provide such services and has agreed to provide them on the terms and conditions set forth in this Contract. Now, therefore, the School and the Independent Contractor hereby agree as follows:
1. Scope of Work. The Independent Contractor agrees to perform the services described in Attachment A to which this Contract relates.
2. Place of Work. The Independent Contractor agrees to perform the services at the location specified in Attachment A
3. Payment. The School will pay the Independent Contractor the fee(s) stated in Attachment A. Payment will be made in the form of a check and shall be mailed to the Independent Contractor at the address he/she provides within 30 days after the class time(s) specified in Attachment A.
4. Reporting of Income. It will be the responsibility of the Independent Contractor to properly report monies earned as a result of work done for the School to the State and Federal Governments. The School will distribute Internal Revenue Service Form 1099 to the State and Federal Governments and to the Independent Contractor describing monies earned if annual income from the School is greater than $600. The School does not withhold any taxes from your check.
5. Term. The term of this Contract shall be specified in Attachment A. Either party may terminate this Contract in writing at any time for failure of the other to comply with its terms and conditions.
6. Cancellation. The cancellation policy of this contract shall be specified in Attachment A. If for any reason the Independent Contractor is unable to teach the class(es) outlined in Attachment A, he/she will give as much notice to the School as possible, and will forfeit the agreed upon compensation. The School reserves the right to cancel instruction delivery (classes) due to inclement weather or structural/physical obstructions to the location of instruction which are beyond the School’s control.
7. Minimum/Maximum Number of Instructional Participants. Independent Contractor agrees to the minimum and maximum number of participants as specified in Attachment A. Any changes must be agreed upon by both the School and Independent Contractor prior to instructional delivery.
8. Materials and Supplies. Independent Contractor is responsible for obtaining and supplying all materials, supplies and equipment necessary to provide the services unless otherwise agreed upon in Attachment A. Independent Contractor is responsible for the care of School owned equipment, supplies, and property.
9. Photo Release. Independent Contractor agrees that photos/videos/audio of Independent Contractor, products, materials, supplies and equipment, and processes are permitted and agrees that the School may use the photos/videos/audio of the Independent Contractor as desired for publicity, marketing, historical records, and other legitimate promotional uses.
10. Status of the Independent Contractor. The School and the Independent Contractor intend that the relationship established between them pursuant to this Contract shall be that of client and independent contractor. No agent, employee, or servant of the Independent Contractor shall be or shall be deemed to be an employee, agent or servant of the School. The School is interested only in the results obtained under this Contract. The manner and means of conducting the work are under the sole control of the Independent Contractor. No employee benefits including, but not limited to, workers' compensation insurance, disability insurance and unemployment insurance, is available from the School to the Independent Contractor or to the employees, agents or servants of the Independent Contractor. The Independent Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants and subcontractors during the performance of this Contract. Nothing in this Contract shall be construed to make the Independent Contractor an agent of the School. Independent Contractor is not authorized to enter into any contract or assume any obligation on behalf of the School.
11. The School’s Right to Inspect. In the performance of the services, the Independent Contractor has the authority to control and direct the performance of the details of the work; The School is interested only in the results obtained. However, the work contemplated herein must meet the School’s standards and approval and shall be subject to the School’s general right of inspection and supervision to secure the satisfactory completion thereof. The Independent Contractor agrees to comply with all federal, state and local laws, rules and regulations that are now or hereafter applicable to the Independent Contractor.
12. Travel. The Independent Contractor shall pay for their own travel expenses.
13. Insurance. Independent Contractor shall, at its own expense, maintain insurance.
14. Indemnification. Notwithstanding the availability and policy limits of any insurance, Independent Contractor, shall defend, indemnify and hold harmless the School and its officers and employees ("Indemnified Parties") and heirs, against any claims made or legal actions brought against an Indemnified Party(ies) by any person or entity as a result of injuries, damages, expenses and losses actually or allegedly incurred by such a person or entity ("Liabilities") arising out of or relating to Independent Contractor's performance or failure to perform pursuant to this Contract, except where the Liabilities are the result of the Indemnified Party's own direct and sole negligence. Independent Contractor's obligation shall include the cost of the Indemnified Party(ies)' defense against such claims or actions. This obligation shall survive the termination, completion or expiration of this Contract. Independent Contractor agrees to promptly notify the School of any claim or action brought in connection with this Contract and thereupon shall promptly take over and defend any such claim or action.
15. Safety. Independent Contractor agrees to conduct a brief safety orientation in which all participants are apprised of any hazardous materials or environments and reviews safety procedures at the start of class. Independent Contractor agrees to provide a first aid kit when providing instruction at an off site location. Independent Contractor agrees to promptly bring to the attention of the School any unsafe conditions or any inappropriate participant behaviors and complete an Incident Report Form in the event of an injury or accident.
16. Entire Agreement. This Contract, including all attachments referred to herein, embodies the entire agreement and understanding by and between the parties with respect to the subject matter herein referred to, and no representations, promises, agreements, or understandings, written or oral, not herein contained shall be of any force or effect. No change or modification shall be valid or binding unless the same is in writing and signed by both parties.
ATTACHMENT A
Instructor Name: Bob King
Instructor Bio:
Bob King, author and educator, fell in love with the night sky and astronomy when he was a kid and loves to share his passion with people of all ages through teaching and public observing. He's a long-time member of the American Association of Variable Star Observers (AAVSO), a community educator and writes for Sky & Telescope's magazine and website. Bob also pens the long-time blog Astro Bob he started in 2008 and shares news of current sky events on WTIP-FM (Grand Marais) and The North 103.3 FM (Duluth).
Instructor Contact Information:
Phone number: 218-391-5113
Email: nightsky55@gmail.com
Social:
https://www.facebook.com/astrobobking/
https://www.instagram.com/astrobobking/
Class Name(s): Carnival of Heroes, Beasts and Exotica — How the Constellations Came to Be
Class Date(s) and Time(s):
Date: Saturday, October 21st, 2023
Time: 6-8:30pm
Class Description(s):
Ever wondered where the constellations came from? We'll trace their history from ancient Sumeria through Greece up to the present time. After the presentation we'll look at the fall constellations together from an overlook on Lake Superior and share views of the moon, Saturn and Jupiter through a telescope.
Limited to participants 18 years and older
Class Location(s): The School of Yoga and Nature Arts, Beaver Bay, MN
Student Tuition for Class(es): $45/student
Class Minimum/Maximum Students: 4 students minimum/12 maximum
Instructor Compensation Terms:
Payment
Other Compensation:
Instructor Address: 5009 Apple Ave Duluth, MN 55804
Cancellation Policies:
Class Cancellation Terms:
The class will be canceled if we don't get the minimum class numbers 1 week before the class.
Instructor Cancellation Policy: If you need to cancel the class, please give me as much notice as possible. Texting (612-578-0083) and Email (yurtsoflakesuperior@gmail.com) are preferred communication methods. If the instructor cancels the class, he or she forfeits the $100 class guarantee.
Student Cancellation Policy:
Classes are 100% refundable up to 1 week prior to the class. After that, classes are non-refundable. If the instructor cancels the class due to low attendance or dangerous weather conditions, the class is 100% refunded. Outdoor classes take place rain or shine, so dress appropriately for the weather.
Materials Supplied by School: Video monitor, podium, tables and chairs. (If a laptop is needed, please let me know and I can provide this as well).
Materials Supplied by Instructor: Any presentation materials or equipment needed for star viewing after class
ATTACHMENT B
GENERAL LIABILITY WAIVER AND RELEASE
Please read carefully. This Liability Waiver and Release affects the rights you may have if you or others suffer personal or property loss, injury, illness, death, or other damages related to your participation in the activities or access of the property contemplated herein.
This Liability Waiver and Release (“Liability Waiver”) is entered into by the undersigned participant(s) (each, a “Participant”), for the benefit of TH Property LLC, a Minnesota limited liability company (“THP”), Yurts of Lake Superior LLC, a Minnesota limited liability company (“Yurts”), and School of Yoga and Nature Arts LLC, a Minnesota limited liability company (the “School”) (THP, Yurts, and the School are collectively, the “School Parties”) and each of the Released Parties, as such term is defined herein.
In exchange for Participant’s ability to utilize, access, or visit any property owned or otherwise utilized by the School Parties (a “Property”), and otherwise participate in any activities or services offered by the School Parties, or arising out of, related, or incidental thereto, including off-Property events and activities (collectively, the “Activities”), Participant, on Participant’s own behalf and on behalf of Participant’s personal representatives, heirs,
estate, next of kin, and any other person or entity claiming by, through, or on behalf of the Participant (collectively, the “Participant Parties”) agrees to the following terms and conditions:
1. PARTICIPANT, INDIVIDUALLY AND ON BEHALF OF THE PARTICIPANT PARTIES,
ACKNOWLEDGES AND AGREES THAT THE SCHOOL PARTIES ARE ONE OF MANY PROVIDERS OF ACTIVITIES OF SUBSTANTIALLY THE SAME NATURE AS THOSE PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, OUTDOOR EVENTS, GUIDED TOURS, YOGA, CRAFTS, FORAGING, TASTINGS, AND OTHER NATURE AND OUTDOOR-RELATED ACTIVITIES, AND THAT THE PARTICIPANT IS ABLE TO SEEK SUCH ACTIVITIES THROUGH OTHER PARTIES, NOT INVOLVING THE SCHOOL PARTIES OR INVOLVING ANY PROPERTY HEREUNDER. PARTICIPANT IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES MAY INCLUDE THOSE WHICH ARE INHERENTLY DANGEROUS AND MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, ILLNESS, DEATH, AND/OR PROPERTY DAMAGE, INCLUDING, BUT NOT LIMITED TO, ROCKS, CLIFFS, WATER, WET OR UNEVEN TERRAIN, TREES AND ROOTS, PLANTS, ORGANIC MATERIALS, FOODS, NATURAL AND PROPERTY CONDITIONS, WEATHER CONDITIONS, AND OTHER HAZARDS. NOTWITHSTANDING THE ACTUAL OR POTENTIAL RISK, PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE, ARISING FROM THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, INCLUDING THOSE INVOLVING PARTICIPANT’S VEHICLE AT THE PROPERTY OR INVOLVING THE ACTIVITIES.
2. Participant, individually and on behalf of the Participant Parties, hereby RELEASES AND FOREVER DISCHARGES the School Parties and each of their respective owners, members, officers, directors, managers, employees, contractors, agents, representatives, insurers, affiliates, successors, assigns, predecessors in interest, parent, subsidiaries, and all other guests, participants, or other parties involved in or associated with the Activities (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, damages, loss, or liability of any kind or nature, including, but not limited to: (a) any personal, property or other injury, damage, or loss, direct or indirect, to any person or entity and any such person’s or entity’s property; and (b) any personal or bodily injury to Guest or any Guest Party, including, without limitation, death, disability, illness, or personal injury,
which may occur during, about, or otherwise in connection with the Activities (the “Released Claims”). Guest further agrees and covenants not to initiate any lawsuit or legal proceeding against any Released Parties relative to any Released Claims and agrees to fully indemnify and hold harmless the School Parties and all Released Parties, including without limitation, from and against, any and all losses, damages, liabilities, costs, attorneys’ fees and expenses, in the event Participant or any Participant Parties pursues any Released Claim on behalf of Participant, or if the School Parties otherwise have to take any action to enforce the provisions of this Liability Waiver. Notwithstanding anything to the contrary contained herein, the Released Claims shall not include, and Participant does not release or discharge the School Parties or any Released Parties from or against, such party’s intentional, willful, or malicious acts.
3. Participant ACKNOWLEDGES, REPRESENTS, AND AGREES that: (a) in addition to all other rights provided herein, Participant hereby grants to the School Parties the right to use Participant’s name, image, voice, likeness, and reviews, including any photograph, video, audio, writing, or any other recording, depiction, or description of the Participant’s involvement, experience, or participation in the Activities without compensation,
reservation, review, or limitation of any kind or nature; (b) Participant has read the foregoing Liability Waiver, understands it and is signing it voluntarily; (c) the School Parties have made no representations, statements, or inducements, apart from the foregoing releases; (d) Participant is at least 18 years of age and fully competent to
provide the releases contained herein; (e) this Liability Waiver is executed for full, adequate and complete consideration; (f) this Liability Waiver shall be binding upon and inure to the benefit of the School Parties, Released Parties, Participant, Participant Parties, and each of their respective successors and assigns; (g) this Liability Waiver shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to the
principles of conflict of laws, and in the event that any term of this Liability Waiver is held to be invalid, illegal, or unenforceable in any respect, that holding shall not affect the validity, legality, and enforceability of any other term; (h) any claim or controversy arising out of or related to this the Activities or this Liability Waiver shall be submitted to binding arbitration in the State of Minnesota. Participant SPECIFICALLY ACKNOWLEDGES THAT THIS
LIABILITY WAIVER SHALL SERVE AS AN UNEQUIVOCAL WAIVER OF THE RIGHT TO A JURY TRIAL OR BENCH TRIAL IN A COURT OF LAW; and (i) Participant agrees and acknowledges that the insurance carried by the respective School Party in connection with the Activities shall be and provide Participant’s or any Participant Party’s sole recourse against the respective School Party for all claims, losses, liabilities, attorneys fees, and expenses of any kind arising out of, or in any way connected with, the Activities which are not otherwise released by this Liability Waiver and, in no event, shall the School Parties or any Released Party be liable to Participant or the School Parties for any amounts beyond the coverage provided by such insurance.