Private Tutoring Agreement - Template, Sample Form Pro · NG-law
✓ Valid in Nigeria · drafted to comply with local law
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PRIVATE TUTORING AGREEMENT
THIS PRIVATE TUTORING AGREEMENT (this "Agreement") is made this ________
BETWEEN
________, an individual of the following address: ________ (hereinafter referred to as the "Guardian", which expression shall where the context so admits include their heirs, personal representatives, successors-in-title and permitted assigns) of the one part;
AND
________, an individual of the following address: ________ (hereinafter referred to as the "Tutor", which expression shall where the context so admits include their heirs, personal representatives, successors-in-title and permitted assigns) of the other part.
The Guardian and the Tutor are hereinafter together referred to as the "Parties" and individually as a "Party".
RECITALS
A. The Guardian is the parent and/or lawful guardian of ________ (the "Client"), being a minor, and is duly authorised to enter into this Agreement on behalf of the Client.
B. The Guardian wishes to retain the services of the Tutor to provide the Tutoring Services described in this Agreement to the Client.
C. The Tutor acknowledges that the Guardian has engaged the Tutor on the basis of the Tutor's skills and educational qualifications, and the Tutor has agreed to provide the Tutoring Services in accordance with the terms and conditions contained in this Agreement.
NOW IN CONSIDERATION of the mutual covenants, promises and obligations contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. ENGAGEMENT AND SCOPE OF SERVICES
1.1. The Tutor has agreed to provide the following services to the Client (the "Tutoring Services") in accordance with the terms of this Agreement:
________
1.2. The Tutor shall apply their skills, expertise, reasonable care and diligence in rendering the Tutoring Services to the Client.
2. TERM
This Agreement shall commence on ________ and shall, unless earlier terminated in accordance with its terms, expire on ________ without any option for renewal save as may be mutually agreed by the Parties in writing.
3. INDEPENDENT CONTRACTOR
3.1. The Tutor acknowledges and agrees that they are engaged as an independent contractor, and nothing in this Agreement shall be construed to create a relationship of employer and employee, principal and agent, partnership or joint venture between the Parties.
3.2. The Tutor shall retain control over the manner in which the Tutoring Services are provided, and shall be entitled only to the agreed remuneration and shall not be entitled to any employment benefits or entitlements under the Labour Act, Cap L1, Laws of the Federation of Nigeria, 2004 or any other applicable law.
3.3. The Tutor shall be solely responsible for the payment of all personal income tax due on the Fee in accordance with the Personal Income Tax Act, Cap P8, Laws of the Federation of Nigeria, 2004 (as amended) and shall file all returns required of an independent contractor under applicable law.
4. WORK LOCATION AND SCHEDULE
4.1. The Tutor shall render the Tutoring Services from the following location: ________
4.2. The Tutor shall render the Tutoring Services within the following schedule: ________
5. SESSIONS
5.1. The Tutoring Services shall be delivered in phases described as follows (each a "Session"):
5.1.1. The first Session shall involve the following:
________
5.1.2. The second Session shall involve the following:
________
5.2. The Tutor is engaged on the basis of the Tutor's personal skills and expertise. Accordingly, notwithstanding any provision to the contrary, the Tutor shall not sub-contract, transfer, delegate or otherwise outsource the provision of the Tutoring Services to any other person without the prior written consent of the Guardian.
6. CANCELLATION AND RESCHEDULING OF SESSIONS
6.1. Where the Guardian cancels any Session not less than ________ before the Session is scheduled to commence, the Guardian shall not incur any charge in respect of such cancelled Session.
6.2. Where the Tutor wishes to reschedule any Session, the Tutor shall give adequate notice to the Guardian, and the Parties shall agree on a convenient date to reschedule the Session. The Guardian shall not incur any cost for any cancelled Session except where such Session has been rescheduled and held.
7. FEES AND PAYMENT
7.1. As compensation for the Tutoring Services rendered under this Agreement, the Tutor shall be entitled to a fixed fee in the sum of \u20a6________ (________) (the "Fee").
7.2. The Fee shall be paid by the Guardian to the Tutor by the following method: ________.
7.4. Where the Guardian fails to pay any Fee on or before the due date, the Guardian shall pay to the Tutor the sum of \u20a6________ (________) as a late payment charge.
8. OBLIGATIONS OF THE TUTOR
Under this Agreement, the Tutor shall have the following obligations:
(I) to provide the Tutoring Services described in this Agreement with reasonable care, skill and diligence in a professional manner;
(II) to attend all scheduled Sessions punctually and to give adequate notice to the Guardian in the event of any inability to attend;
(III) to maintain the confidentiality of all information relating to the Guardian and the Client in accordance with this Agreement and the Nigeria Data Protection Act, 2023;
(IV) to act in the best interest of the Client and to conduct themselves in a professional and ethical manner at all times during the provision of the Tutoring Services; and
(V) to safeguard the welfare of the Client, who is a minor, and not to act in any manner inconsistent with the protections afforded to children under the Child Rights Act, 2003 (or any applicable State equivalent legislation).
9. OBLIGATIONS OF THE GUARDIAN
Under this Agreement, the Guardian shall have the following obligations:
(I) to pay the Tutor's Fee, authorised out-of-pocket expenses and all other sums properly due under this Agreement;
(II) to provide all documents and materials reasonably necessary for the performance of the Tutoring Services; and
(III) to discharge all taxes for which the Guardian is liable under applicable law.
10. DATA PROTECTION
10.1. The Parties shall comply with their respective obligations under the Nigeria Data Protection Act, 2023 and all subsidiary regulations issued thereunder in relation to any personal data of the Guardian and/or the Client processed in connection with this Agreement.
11. TERMINATION
11.1. Where the Guardian fails to pay the Fee, the Tutor shall have the right to terminate this Agreement. Where the Tutor fails to provide the Tutoring Services described in Clause 1 or fails to fulfil the obligations under Clause 8, the Guardian shall have the right to terminate this Agreement.
11.2. Either Party may terminate this Agreement by giving the other Party not less than ________ prior written notice.
11.3. Upon termination of this Agreement:
(I) the Tutor shall immediately cease performance of the Tutoring Services;
(II) the Guardian shall pay any outstanding Fees, late payment charges and any other sums properly due;
(III) each Party shall return all materials and documents belonging to the other Party; and
(IV) where the Tutor breaches any provision of this Agreement, the Guardian shall, without prejudice to any other remedy, be entitled to damages and any injunctive or equitable relief available under law.
12. CONFIDENTIALITY
12.1. The Parties acknowledge that, in the course of this Agreement, the Tutor may have access to personal, non-public and confidential information about the Guardian and/or the Client. Accordingly, the Tutor agrees to maintain the confidentiality of all such information both during the term of this Agreement and after its expiration or termination.
12.2. Confidential information includes all information or materials of whatever nature relating to the purpose of this Agreement disclosed to the Tutor, whether in writing, orally or otherwise, including but not limited to documents, techniques, practices, methods, specifications, drawings and programmes, but shall not include information or data:
(I) which can be established by written records to have been already known to the Tutor or to the public at the time of disclosure;
(II) which enters the public domain through no fault of the Tutor;
(III) which is given by the Guardian to third parties without restriction;
(IV) which is given to the Tutor by a third party lawfully in possession of such information and having the legal right to disclose it; or
(V) which is required by law, court order or competent regulatory authority to be disclosed.
13. FORCE MAJEURE
13.1. Neither Party shall be liable for any failure or delay in performing any obligation under this Agreement where such failure or delay is caused by an event of force majeure, being any circumstance:
(I) which is beyond the reasonable control of the affected Party;
(II) which such Party could not reasonably have avoided or overcome; and
(III) which is not attributable to the other Party.
13.2. Without prejudice to the generality of the foregoing, force majeure shall include the following events and circumstances:
(I) war, hostilities or invasion;
(II) rebellion, terrorism, revolution, insurrection, or military or usurped power;
(III) riot, civil disorder, epidemic, pandemic, or any other event reasonably affecting a Party's ability to perform its obligations under this Agreement.
14. INTELLECTUAL PROPERTY
The Client and/or Guardian shall retain ownership of any material, pattern, work, design or other work of intellectual property created by the Client as an assignment or task completed during any Session or in the course of the Tutoring Services. The Tutor shall retain ownership of the Tutor's own works of intellectual property provided for use during the Sessions.
15. INDEMNITY
The Tutor agrees to indemnify and hold harmless the Guardian and the Client against any claim, action, suit, damage, liability, expense, judgement, settlement or loss of whatever nature arising out of the Tutor's conduct or breach of any term of this Agreement, including any harm or injury suffered by the Guardian, the Client or any third party as a result of the Tutor's negligence, misconduct or default.
16. MODIFICATION AND VARIATION
The Parties may modify any part of this Agreement only with the express written consent of both Parties. Where the Parties agree to vary the entire Agreement and a new agreement is created to regulate their relationship, this Agreement shall thereupon terminate. Where any part of any modified version of this Agreement becomes invalid or unenforceable, the remaining parts shall continue in full force and effect.
17. DISPUTE RESOLUTION
17.1. The Parties shall use their best endeavours to amicably settle any dispute or difference arising out of or in connection with this Agreement through negotiation.
17.2. Where the Parties are unable to resolve the dispute within thirty (30) days of negotiation, the dispute shall be referred to mediation.
17.3. Where the dispute is not resolved through mediation, the same shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Mediation Act, 2023. The seat of arbitration shall be ________, the number of arbitrators shall be ________, and the language of the arbitration shall be English.
17.4. This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and the courts of ________ shall have jurisdiction in respect of any matter not subject to arbitration.
18. MISCELLANEOUS
18.1. Variation: This Agreement may be amended or varied only by an instrument in writing agreed to and signed by both Parties.
18.2. Notices: All notices under this Agreement shall be in writing and shall be delivered personally, by courier, by registered mail or by electronic mail to the address of the relevant Party set out in this Agreement or to such other address as may be notified in writing.
18.3. Headings: Headings in this Agreement are for convenience only and shall not affect the construction of its terms.
18.4. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
18.5. Entire Agreement: This Agreement, together with any addendum, constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations and agreements, whether written or oral.
18.6. Assignment: No Party shall assign any of its rights, obligations or duties under this Agreement without the prior written consent of the other Party.
18.7. Enurement: This Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
18.8. Cumulative Rights: The rights of the Parties under this Agreement are cumulative and shall not be construed as exclusive save as otherwise provided by law.
18.9. Waiver: No delay or omission by any Party in exercising any right under this Agreement shall operate as a waiver of that or any other right, and any waiver must be in writing.
18.10. Severability: Where any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18.11. Further Assurance: The Parties shall execute and deliver all such documents and do all such acts and things as may be necessary or incidental to give full effect to the provisions of this Agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement the day and year first above written.
SIGNED, SEALED AND DELIVERED by the within named Guardian ________
________________________
in the presence of:
Name: ________
Address: ________
Occupation: ________
Signature: ..........................................................................................................
SIGNED, SEALED AND DELIVERED by the within named Tutor ________
________________________
in the presence of:
Name: ________
Address: ________
Occupation: ________
Signature: ..........................................................................................................
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