Victoria's Yoga Sense-2005-15 This agreement is made between the City of Grand Terrace (The City by
reference in this contract)and Victoria's Yoga Sense(VYS by reference in this contract),
for Yoga Instruction.
1. VYS is working as an independent contractor and the City is not responsible
for Federal or State taxes, Workers Compensation, Unemployment, Social
Security, or other such coverage. Evidence of liability insurance is to be filed
with the Community Services Department prior to the use of the facility.
2. VYS agrees to instruct classes Wednesdays 10:00— 11:15 am.
3. Registration forms and class fees are to be collected by the City. The City will
have each student sign a liability waiver upon sign up and inform VYS of
current students. Compensation to VYS will be 70%. Compensation to the
City will be 30%to offset administrative fees.
4. VYS shall be responsible for all expense of instruction.
In the event VYS is unable to teach a class due to illness or emergency
and unable to find a substitute, every possible attempt to notify the City
and registered students will be made.
5. VYS agrees not to hold the City, their officers, employees and agents
responsible for claims, damages or litigation arising out of VYS's
performance of this agreement.
6. This agreement shall be an on-going agreement subject to change or
cancellation at any time by either party by submitting a 60-day written
notification to the other party of such cancellation or change.
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RULES AND REGULATIONS FOR USE OF CITY FACILITIES
1. VYS agrees to use the City facilities as is and will indemnify and hold
harmless the City and their officers, employees, and agents, from and against
any and all claims, demands, losses, legal and investigation expenses, or
liability of any kind of nature which the City or their officers, employees, and
agents, may sustain or incur, or which may be alleged as to them, or imposed
upon them for any alleged injury to, or death of persons, or damage to
Agreement,the providing of instruction pursuant to the agreement, or with.the
occupancy and use of the premises and facilities by VYS, their,officers,
employees, agents, concessionaires, patrons, or visitors, except liability
arising out of the sole negligence of the City.
2. VYS shall maintain comprehensive general liability insurance, naming the
City and their officers, employees, and agents as additionally insured,
covering all activities associated with the use of City facilities in the amount
of$1,000,000. A copy of the insurance must be submitted with the original
contract prior to approval. If VYS is unable to obtain required insurance, City
will obtain, with the premium being deducted from VYS percentage. Prior to
the City obtaining insurance for VYS they are required to give VYS 14 day
written notice.
3. VYS shall provide the City with proof of insurance. The liability insurance
policy required shall contain the following clause:
A. "All rights of subrogation are hereby waived against the City of Grand
Terrace, City council and elective or appointed officers or employees
when acting within the scope of their employment."
B. "It is agreed that any insurance maintained the City will apply in excess
of,and not contribute with, insurance provided by this policy."
C. "The above described policies will not be cancelled, limited or non-
renewed until after(30)days written notice has been given to the Assistant
City Manager of the City."
4. VYS shall obtain and maintain a current business license.
5. Classes will not be held on City recognized holiday. Classes are ongoing and
purchased in blocks of 4 consecutive classes at a time beginning the next class
date after the purchase. Missed classes can be made up by prior notification to
- - the Ci or VYS only. Classes missed without prior arrangement cannot be
made up. Exceptions by approval of both VYS and City.
6. VYS will begin and end classes promptly according to the,time agreed upon
in the contract. A fifteen minute shared transition period is allowed before and
after classes. Failure to abide by the agreement may result in cancellation or
non-renewal of the contract.
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7. City shall collect class fees from students, and pay 70% of fee's collected
before the 10 h of each month before the 25t' of each month to Vickie Black
22163 Pico Street Grand Terrace,California 92313.
8. VYS must submit any promotions or publicity for classes to City
administrative staff for approval at least 10 days prior to distribution.
9. VYS or the City may cancel classes if they consistently fall below an average
3 students per class 4 weeks in a row.
10. VYS is responsible for setting up and taking equipment necessary for classes,
including but not limited to straps,blankets,mat and yoga blocks.
11. City is responsible for maintaining and clearing the room.
12. Distribution and/or sales of personal or professional items not related to yoga
are not permitted. Yoga related items, including but not limited to, blocks,
blankets, straps and mats or other equipment can be sold to students. The City
will not receive any compensation/commission,
13. Excessive storage is not allowed unless previously arranged and agreed upon.
VYS requests to use a closet for minimal equipment and yoga related items
for instruction and City is not requested to provide storage for students.
14. Classes are to be held every Wednesday 10:00-11:15 a.m. Classes may be
added by mutual agreement between City and VYS.
15. Class fees are 4 classes for $48.00, 6 classes for $70.00 or 8 classes for
$88.00. One free promotional class will be given the first Wednesday of April,
July,October, and January.
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I hereby certify that I have read, understand and agree to the above provisions, and to the
"rules and regulations for the Use of City Facilities", which are attached to this
agreement.
Victoria's Yoga Sense Name: Victoria Black Phone# 909) 824-5003
Address: 22163 Pico Street Grand Terrace, Ca. 92313
Signature ?�i '`yn &,G Date
Victoria's Yoga Sense
Approved by Date
Assistant City Manager
Insurance Policy#
Policy Expiration bate
Name of Insurance Company
Phone#
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