INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Tutoring Services Agreement (“Agreement”) is made and entered into by and between My Private Professor (“Company”) and __________________________, an individual (“Tutor”).
In consideration of the promises and mutual agreements hereinafter set forth, it is agreed by and between the undersigned as follows:
ENGAGEMENT OF SERVICES
- Company hereby agrees to retain Tutor as a tutor, in an independent contractor relationship, effective __________________, pursuant to the terms of this Agreement. Tutor’s services will include, but not be limited to, tutoring clients of Company (“Client” or “Clients”).
INDEPENDENT CONTRACTOR RELATIONSHIP
- Tutor’s relationship with Company will be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
- Tutor will not be entitled under this Agreement to any of the benefits that Company may make available to its employees, including, but not limited to, group health, life insurance, profit-sharing or retirement benefits, paid vacation, holidays or sick leave, or workers’ compensation insurance.
- Tutor will not be authorized to make any representation, contract, or commitment on behalf of Company unless specifically requested or authorized in writing to do so by Company.
- Tutor will be solely responsible for, and will file on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under this Contractor Agreement. Tutor will be solely responsible for obtaining any business or similar licenses required by any federal, state or local authority.
- No part of Tutor’s compensation will be subject to withholding by Company for the payment of any social security, federal, state or any other employee payroll taxes. Company will regularly report amounts paid to Tutor by filing a Form 1099-MISC with the Internal Revenue Service as required by law.
COMPENSATION & REIMBURSEMENT OF EXPENSES
- Company shall pay Tutor at an agreed-upon hourly rate of tutoring services rendered by Tutor with Company client. Tutor will submit a log to Company after each session with details of the number of completed hours tutored during that time frame. Payments will be made to Tutor after receipt and verification of Tutor’s sessions.
- Tutor shall not disclose to any Client the rate paid by Company to Tutor for Tutor’s tutoring services.
- Tutor shall not accept any payment from any Client on behalf of Company, Tutor, or any third party relating to any tutoring services rendered on behalf of or in connection with Company, including, but not limited to, “tips,” “bonuses,” or additional payment.
- Tutor shall not perform any services, tutoring or otherwise, for any Client on or behalf of any student that Tutor has been introduced to or made aware of through the Company outside the scope of this Agreement.
- Tutor shall round down to the nearest quarter hour when calculating tutoring time with a Client.
- Company shall not compensate Tutor for any time spent preparing for tutoring sessions with Clients, traveling in connection with tutoring Clients, or any other time spent other than the time spent actually tutoring Clients.
- Tutor shall not be paid for sessions that Tutor or Clients miss or cancel.
- Company shall not be liable to Tutor for any expenses paid or incurred by Tutor without prior written agreement. This includes mileage and travel expenses. However, Tutor may apply all appropriate tax deductions pertaining to services provided to Clients.
- Tutor shall supply, at Tutor’s sole expense, all equipment, tools, materials, and/or supplies to enhance tutoring sessions with Clients.
- Tutor shall provide competent instruction to each Client and shall plan and implement an appropriate course of study for the Client.
- Tutor shall tutor Clients at the agreed-upon dates, times, and locations for as long as such services are required by the Client. Tutor agrees to notify Company and Client as soon as possible with any changes to the tutoring schedule with Client.
- If Tutor anticipates he/she will be late to or unable to make a scheduled tutoring session, Tutor shall contact the Client and Company as soon as possible. Tutor shall notify Company as soon as possible if the Client fails to attend a tutoring session.
- If Client is a minor under 16 years of age and the tutoring is an in-person session, a parent or guardian (18 years of age or older) shall be present at the tutoring location during the entire lesson. Tutor shall not to enter the home of a Client that is a minor if the parent/guardian is not at the location.
- Tutor shall not to provide transportation for Clients.
- Tutor shall hold all confidential information about Clients (including the Client’s identity, address, contact information, student records, and other personal information) in the strictest of confidence and shall not disclose it to any third party or use it for any purpose other than providing tutoring services.
- Tutor acknowledges that Company makes no representations to Tutor about the suitability, character, or background of any Client, nor does Company perform any type of background check of Clients. It is Tutor’s sole responsibility to exercise Tutor’s own judgment protocols, and/or standards when considering whether to engage in tutoring services with each Client.
- Tutor understands and agrees that Company’s Clients and any information regarding Company’s customers are confidential and constitute trade secrets.
- Tutor agrees that during the term of this Agreement and for a period of one (1) year after the termination of this Agreement, Tutor will not, either directly or indirectly, separately or in association with others: (a) take action likely to interfere with, impair, disrupt or damage Company’s relationship with any of its clients, prospective clients, contractors, or joint venturers by soliciting or encouraging others to solicit any of them for the purpose of diverting or taking away business or opportunities from Company.
- Tutor shall provide to Company accurate information regarding Tutor’s educational background, work experience, and references. Tutor authorizes Company, at its sole discretion, to conduct a background and identity check of Tutor.
- Tutor represents that Tutor has no knowledge of any information that may result in a finding of criminal charges, convictions, or criminal behavior by Tutor.
- Tutor acknowledges that, as an independent tutor, Company may decide to suspend its relationship with Tutor at any time and from time to time for no reason or for any reason, including the receipt of any negative background check findings from the background check provider.
- Tutor’s rate may be discounted by $5.00/hour for the first four hours of tutoring with Company to offset part of Company’s costs incurred from having a background check conducted on Tutor.
- Tutor or Company may terminate this Agreement at any time by providing fourteen (14) days written notice to the other party. However, Company may terminate this Agreement at any time upon notification that a designated Company client is unsatisfied with Tutor.
- Tutor hereby indemnifies and holds harmless Company and its officers and agents from and against any and all claims that may result from or in any way arise out of Tutor’s tutoring services with Clients.
- Tutor may not subcontract or otherwise delegate Tutor’s obligations under this Agreement without Company’s prior written consent. Subject to the foregoing, this Contractor Agreement will be for the benefit of Company’s successors and assigns, and will be binding on Tutor’s assignees.
- This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California.
- If any provision of this Agreement is held by a court of law to be invalid or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
- No term or provision hereof will be considered waived by either party, and no breach excused, unless such waiver or consent is in writing and signed by Company and Tutor. The waiver of, or consent to, a breach of any provision of this Agreement shall not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by either party. This Agreement may be amended or modified only in writing by mutual agreement of authorized representatives of the parties.
- This Agreement constitutes the entire agreement between the parties relating to the provision of tutoring services by Tutor to Company and supersedes all prior or contemporaneous oral or written agreements concerning this subject matter. The terms of this Agreement will govern all consulting services undertaken by Tutor for Company.
I have read the policies listed above and agree to all of the terms of this Agreement.