Teacher Agreement:

CONFIDENTIALITY

During the course of a Collaborator’s time with Good Elephant, the Collaborator will encounter Confidential Information belonging to Good Elephant.  Collaborator agrees not to disclose said Confidential Information to third parties under any circumstances except as allowed by the terms of this agreement.  In order to protect the privacy of Good Elephant, and protect Good Elephant from negligent or malicious actions of the Collaborator during their time with Good Elephant and beyond, the Collaborator hereby agrees not to divulge, release or remove for his/her use (or that of any other individual or company) any documentation, information, or knowledge pertaining to the operation or business of Good Elephant or any of it subsidiaries or affiliates.

Furthermore, Good Elephant and The Collaborator agree as follows:

  • Confidential Information Excludes that which is public knowledge.
  • Collaborator shall not copy or modify any Confidential Information without prior written consent of Good Elephant.

REVENUE DISTRIBUTION

Good Elephant agrees to pay Instructor 70% of total revenue from class attendance at donated spaces, and 60% at spaces that charge a fee.  Revenue is collected from students through Good Elephant’s online booking system, app, or drop-in cash payment collected by Instructor, and is calculated after merchant and credit card fees have been subtracted.  Good Elephant will send a check with the calculated amount to the address provided by the instructor on the 1st (for revenue from the 15th through the end of the month) and 16th (for revenue from the 1st through 15th) of each month.

 

Instructor agrees to the pay-what-you-can payment structure set forth by Good Elephant: Students that attend the class will have the opportunity to choose their payment amount for the class, with a suggested price set by the Instructor.  Instructor will not attempt to influence any Student’s payment amount in any way, beyond teaching a high-quality class, promoting the class, and providing a welcoming atmosphere and experience for Students who attend their class.  By agreeing to these terms, Instructor agrees to comply with any and all discounts and coupons Good Elephant may advertise.  Good Elephant agrees only to promote discounts and coupons with the best interest of Instructors at heart.

 

The remaining percentage of class revenue will be retained by Good Elephant, for uses including but not limited to marketing and promotion; equipment; sales and recruitment of new Locations and Instructors; website, app, and booking system costs; employee salaries; insurance premiums; etc.

RENTAL FEES

If Instructor chooses a space that charges a 15% Rental Fee, that fee will be deducted from the Instructor’s total class revenue at the end of the current two-week period, and Good Elephant's commission percentage will be calculated and subtracted from the remainder.

 

Instructor is not responsible for submitting payments to Locations.  Good Elephant will send Locations their agreed-upon Rental Fees on 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.

PROCEDURE

In exchange for compensation specified above, and in collaboration with Good Elephant and Location, Instructor agrees and acknowledges that each Location has agreed to the following:

PROMOTION

  • Instructor and Locations 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.

  • Instructor and Locations will help promote the class to the best of their abilities, including but not limited to community participation, word of mouth, social media outreach, spreading flyers provided by Good Elephant, etc.  For a detailed checklist, please refer to the Class Promotion Checklist, which can be found in the Teacher Portal on the Good Elephant website. Good Elephant does not guarantee student attendance without the full participation of the Instructor in class promotion.

  • Instructor will provide experiences that match the class descriptions approved by Good Elephant and Locations as a part of each Class Agreement.  Instructor is responsible for submitting a change of class description if it is in the best interest of the class.

CUTOFF ACKNOWLEDGMENT

I release Good Elephant from all responsibility for attendance and revenue outcomes at any event I facilitate.  I understand and acknowledge that in addition to Good Elephant promoting my events, it is also my responsibility to put time and energy into growing my attendance numbers and retaining my students. I understand that, in the case that my event exhibits a decrease in average attendance over any 2 month period, Good Elephant has the right to terminate the event.

EQUIPMENT AND EXPENSES

  • Good Elephant will not require Instructor 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 Instructor chooses to teach a class in such a way that requires any additional props, Instructor is responsible for providing those props.

  • Instructor 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

  • Instructor and Location Contact 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 Instructor prior to the first class.  Good Elephant will not be held responsible for clearing and cleaning any class space.

  • Locations 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.

  • Instructor will be present at Location at least 15 minutes before the Beginning Time specified in each Class Agreement.

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

  • Instructor will check in every student who attends class, whether or not they’ve signed up in advance.  A student is checked in when they have filled out the Check In Form, which can be reached from the Teacher Portal at communityogi.com/instructor-access.

  • Instructor will submit a Class Report for each class they teach, truthfully and accurately reporting class attendance and the amount of cash collected.  The Class Report can be accessed through the Teacher Portal on the Good Elephant website.

INSURANCE

As an independent contractor, if Instructor offers movement-based classes, the Instructor will be prepared to provide proof of current, appropriate Insurance at any time after the Start Date specified in each Class Agreement.  Good Elephant is not responsible for insuring individual Instructors, although Good Elephant’s insurance covers damage up to $2 million at any Location where classes are held.

 

EVENT COMMITMENT, SUBS AND CANCELLATIONS

Instructor agrees to be present and cooperative for each event instance within the first 2 months after the agreed-upon start date of each event instructor agrees to launch and participate in.  This includes one-time, bi-weekly, weekly, and monthly events. With the exception of the emergency circumstances outlined below, if Instructor is absent or cancels an event instance within this 2-month time period, Good Elephant has the right to terminate the ongoing event and Instructor may be subject to discontinuation as a Good Elephant Collaborator.

After the 2 month commitment, instructors are responsible for finding an appropriate replacement instructor at least two weeks prior to each event instance and, in the case the instructor can not be present at the event or secure a substitute facilitator, it is the Instructor's responsibility to cancel the event at least two weeks ahead of time in the Good Elephant dashboard. In the case of a no-call-no-show, or excessive cancellations after the two week window, Instructor may be subject to discontinuation as a Good Elephant Collaborator. By agreeing to the terms and conditions, the Instructor assumes responsibility for the quality and success of each event the Instructor creates and that the reputation of Good Elephant relies on instructors to be committed to showing up and creating consistency within the Good Elephant platform.

 

In the case of an emergency, please call Allison Reitz at 618.334.0071 or Jenna Fortuna at 209.331.6889 and notify her that you will be absent.  Examples of emergencies affecting Instructor 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 Instructor 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 this agreement:

  • Doctor's appointments

  • Work-related stress or overwhelming workload

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

  • Weddings

  • Job or graduate school interviews

  • Traffic - please plan accordingly!

  • Household issues, including pet and child care

Instructor acknowledges 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.  Therefore, Good Elephant reserves the right to terminate this agreement and rescind all efforts to promote this class after repeated class cancellations or Instructor absences related to the above issues.

GOOD ELEPHANT’S DUTIES

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

  • Good Elephant will promote its overall presence in your city, 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 Instructor on time, within 5 days of the dates specified in this Agreement.

INDEPENDENT CONTRACTOR STATUS

Instructor is an independent contractor, and Instructor is not, or shall not be deemed, Good Elephant’s employee.  In his or her capacity as an independent contractor, Instructor agrees and represents, and Good Elephant agrees, to the following:

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

  • Instructor has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. Instructor shall freely select the Location, class type, starting and ending times, class days, class description, teaching style, etc.

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

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

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

  • Instructor 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 Instructor’s payments or make FICA payments on Instructor’s behalf

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

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

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

ANTI-HARASSMENT POLICY STATEMENT

Good Elephant is committed to maintaining a safe environment that is courteous, respectful and free from harassing behaviors for its Teachers, students, spaces, volunteers, and visitors. Good Elephant will not tolerate harassment of any kind.

 

Harassment

Unlawful harassment is defined as any unwelcome verbal, non-verbal, or physical conduct based on race, color, religion, sex (including pregnancy and gender identity), national origin, age (40 or older), disability (mental or physical), genetic information, sexual orientation, marital status, political affiliation, status as a parent, or retaliation when:

  • A person actually suffers a personal loss or harm with regard to a term, privilege, or condition of collaboration relating to any of the protected bases; or

  • The behavior can reasonably be considered severe or pervasive creating an intimidating, hostile, or offensive environment.

Harassment undermines the integrity of the relationship and interferes with productivity.  Harassing conduct includes, but is not limited to: bullying, slurs, derogatory or disrespectful remarks, spreading rumors, swearing, jokes, obscenities, incessant teasing, expressing or insinuating threats, threatened assault, hitting, punching, other unwanted touching, and malicious or insulting gestures.

 

Good Elephant has taken appropriate measures to prevent harassment (sexual or non-sexual) in the environment in which an event is occurring and to correct harassing behavior before it becomes severe or pervasive. Harassing behavior by a Good Elephant collaborator does not need to rise to the level of unlawful harassment in order for it to constitute misconduct. Violations of policy may result in administrative or disciplinary actions against offenders.

 

Sexual Harassment

Sexual harassment is a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay or career, or

  • Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person, or

  • Such conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive environment.

  • Such conduct creates an uncomfortable environment for event collaborators or participants

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