Space Agreement:

PROCESS

Location agrees to Good Elephant’s process for finding instructors to teach in their space:  upon the signing of this agreement, Location will be added to Good Elephant website as an “Available Space”, and Instructors may request to start a class in the space based on the information, availability, and pictures provided.

 

Location has the right to refuse to host any class requested, but agrees to consider all requests equally, without discrimination based on gender, race, etc.

 

By approving a requested class, Location agrees to make their space available to the Instructor for all dates and times specified in the specific Class Agreement.  Location will work with Instructor to coordinate a plan for how the Instructor will access the space.

 

If you are a business that requires membership for the use of your space, and would like to offer a class as a benefit for your members, please stop now, and refer to the Good Elephant website to choose one of our Custom Packages.

 

RENTAL FEES

Location has the right to choose whether to donate their space or to charge a 15% Rental Fee, and can freely choose the specific amount of that Rental Fee.  Location can request to adjust their initial Rental Fee amount with written consent from Good Elephant and Instructors, but agrees to charge the same amount for each class offered in their space, without discrimination based on gender, race, etc.

 

Location understands that the amount of any Rental Fee they charge will be deducted from each Instructor’s total class revenue, affecting the amount the Instructor earns.

 

Good Elephant agrees to pay Location the agreed Rental Fee within 5 business days of the 1st and 16th of each month for the classes held during the previous two weeks, in the form of a check sent to Location’s address specified above.  Location will notify Good Elephant of any changes to their contact information.

 

PROCEDURES

Location agrees to the following, and acknowledges that each Instructor has also agreed to the following:

PROMOTION

  • Instructors and Location will, to the best of their abilities, provide students with experiences that align with Good Elephant's mission of embracing Loving Kindness in every facet of our business.

  • Instructors and Location will help promote the class to the best of their abilities, including but not limited to community participation, word of mouth, social media outreach, displaying flyers provided by Good Elephant, etc.

  • Instructors will provide experiences that match the class descriptions approved by Good Elephant and Location in each Class Agreement.

EQUIPMENT AND EXPENSES

  • Good Elephant will not require Instructor or Location to rent or purchase any equipment, product, or service as a condition of entering into this Agreement.  Good Elephant will do their best to provide each Location with 3 free yoga mats.  If Instructors choose to teach a class in such a way that requires any additional props, Instructors are responsible for providing those props.

  • Instructors and Location are responsible for all expenses incurred while performing services under this Agreement.  This includes travel expenses; vehicle maintenance and repair costs; insurance premiums; fines; cell phone expenses; and meals.

CLASS-TIME PROCEDURES

  • Instructors and Location will have complete responsibility for clearing and cleaning the class space at the Location.  Proper cleaning and clearing will be discussed and agreed upon by Location Contact and Instructors prior to the first class.  Good Elephant will not be held responsible for clearing and cleaning any class space.

  • Location will make their space available at least 15 minutes before the Beginning Time specified in each Class Agreement.  The space will remain available to the Instructor until 15 minutes after the End Time specified in this agreement.

  • Instructors will begin and end class as close as possible to the Beginning Time and End Time specified in each Class Agreement.  We ask Instructors to respect the time slot made available by your Location, and also to respect the time of the students.

  • Instructors will check in every student who attends class, whether or not they’ve signed up in advance.

INSURANCE

As independent contractors, Instructors who teach movement-based classes will be prepared to provide proof of current, appropriate Insurance at any time after the Start Date specified in this agreement.  Good Elephant is not responsible for insuring individual Instructors.

 

Location acknowledges that Good Elephant’s insurance covers damage up to $2 million at any Location where classes are held.

 

CANCELLATIONS

If the Location is unavailable for class, the Location Contact will notify Good Elephant at least one week before the next class to be held.  If  Instructors are unable to be present for class, Instructors will notify the Location Contact and secure an adequate substitute instructor at least 3 days before the specific class date.

 

In the case of an emergency, Instructor or Location Contact will call Allison Reitz at 618.334.0071 and notify her that the space won’t be available.  Examples of emergencies affecting Instructor or Location Contact that warrant immediate cancellation of a class include:

  • Hospitalization or intensive medical care

  • Death or critical illness in the family

  • Life-threatening issues

  • Home fire or natural disaster

  • Crime victimization

 

The following issues affecting Instructors, Location Contact, or Location itself are not considered emergencies, and cancellation of class for these reasons is not considered appropriate.  Instructors affected by these issues are responsible for securing a sub, and Location Contacts affected by these issues will still be held responsible for making their space available at the time specified in each Class Agreement:

  • Doctor's appointments

  • Work-related stress or overwhelming workload

  • Minor short-term illness, headaches, and allergies (e.g. cold, flu, etc.)

  • Weddings

  • Job or graduate school interviews

  • Traffic - please plan accordingly!

  • Household issues, including pet and child care

 

Instructors and Location Contact acknowledge that cancellations and subs have proven to negatively affect attendance for a specific class and risk damaging the overall reputation and viability of Good Elephant and its Instructors and Locations.  Therefore, Good Elephant reserves the right to terminate this agreement and rescind all efforts to promote this class after repeated class cancellations, Instructor absences, or Location unavailability related to the above issues.

 

GOOD ELEPHANT’S DUTIES

In collaboration with Instructors and Location, Good Elephant agrees to the following:

  • Good Elephant will promote each class to the best of their abilities, including but not limited to email lists, website maintenance, social media, spreading flyers, local events, word of mouth, etc.

  • Good Elephant will keep software and social media up to date, so that the class is available for students to sign up and pay within a reasonable amount of time before each class.

  • Good Elephant will facilitate initial contact between Instructor and Location.  After initial planning and signing of agreement, Instructor and Location will be responsible for keeping in touch with each other.

  • Good Elephant will notify students who have signed up in advance of classes canceled as a result of appropriate situations specified above.

  • Good Elephant will distribute payments to Location on time, within 5 days of the dates specified in this Agreement.

 

INDEPENDENT CONTRACTOR STATUS

For financial purposes, Location is considered an independent contractor, and Location is not, or shall not be deemed, Good Elephant’s employee.  In their capacity as an independent contractor, Location agrees and represents, and Good Elephant agrees, to the following:

  • Location has the right to perform services for others during the term of this Agreement.

  • Location has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed.  Location Contact shall determine whether or not a Rental Fee shall be required for the use of their space. If a Rental Fee is required, Location Contact shall freely determine the amount of that Rental Fee.

  • Location Contact is not required to wear any uniforms provided by Good Elephant.

  • The services required by this Agreement shall be performed by Location, and Good Elephant shall not hire, supervise, or pay any assistants to help Location.

  • Location shall not receive any training from Good Elephant in the professional skills necessary to perform the services required by this Agreement.

  • Location shall not be required by Good Elephant to devote full time to the performance of the services required by this Agreement.

  • Good Elephant will not:

  • withhold FICA (Social Security and Medicare taxes) from Location’s payments or make FICA payments on Location’s behalf

  • make state or federal unemployment compensation contributions on Location’s behalf, or

  • withhold state or federal income tax from Location’s payments.

  • Location shall pay all taxes incurred while performing services under this Agreement—including all applicable income taxes and, if Location is not a corporation, self-employment (Social Security) taxes. Upon demand, Location shall provide Good Elephant with proof that such payments have been made.

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