Tutoring Agreement - Template, Sample Form to Fill out

TUTORING AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Tutoring Agreement (the "Agreement") is made and entered into this ________ day of _______________________, 20_______, the City/Municipality of _____________________, Province of _____________________, by and between:

________, Filipino, of legal age, and with address at ________, hereinafter referred to as the "Tutor"

- and -

________, Filipino, of legal age, and with address at ________, hereinafter referred to as the "Client"

WITNESSETH THAT:

WHEREAS, Tutor has the skills, qualifications, and expertise required to provide Tutoring Services, as described below;

WHEREAS, Client would like to contract the Tutor's services for the following minor child: ________ (the "Minor");

WHEREAS, Tutor wishes to render such Tutoring Services to Minor.

NOW THEREFORE, in consideration of the promises and covenants contained herein, the Parties do hereby agree as follows:

I. TUTORING SERVICES

Tutor shall provide the following tutoring services to the Minor (the "Tutoring Services"):

________

II. TUTORING SESSIONS

1. Commencement and Completion Dates. The Tutoring Services will begin on ________ (the "Commencement Date") and end on ________ (the "Completion Date").

2. Schedule. The schedule for the tutoring sessions will be as follows:

________

3. Length of Tutoring Sessions. The length of one tutoring session shall be: ________.

4. Location. The Tutoring Services will be rendered at the following location:

________

III. FEES

1. Tutoring Fees. Client agrees to pay the Tutor a fixed fee of ________ (₱________) (the "Fees")

2. Payment Date. The Client will pay the Fees on ________.

3. Payment Method: Tutor accepts the following methods of payment:

________

4. Penalties. If the Client fails to pay within the period stated above, the Tutor will be entitled to:

a. charge the Client a penalty as follows:

________;

b. require Client to pay for the tutoring services, or any remaining part of the tutoring services, in advance;

c. cease performance of the tutoring services completely or until payment is made, at the Tutor's sole and exclusive discretion.

IV. EXPENSES

In addition to the Fees, the Client agrees to reimburse the Tutor for all reasonable expenses incurred in the course of rendering the Tutoring Services, including but not limited to the cost of materials, supplies, and transportation.

The Tutor shall not incur any expense to be charged to the Client without obtaining the prior written approval of the Client.

V. CANCELLATION AND RESCHEDULING

Should either Party wish to cancel or reschedule a tutoring session, that Party shall provide written notice to the other Party at least Twenty-Four (24) Hours before the scheduled tutoring session.

If the Client fails to provide such notice and the Minor does not attend a scheduled tutoring session, the Client shall remain liable to pay for that session in full. Cancelled or rescheduled sessions may, at the discretion of both Parties, be rescheduled to a mutually agreeable date and time.

VI. INTELLECTUAL PROPERTY

There shall be no transfer of any intellectual property used during the Tutoring Services. Any intellectual property provided by the Client to the Tutor to assist in the provision of the Tutoring Services shall belong to the Client and any intellectual property belonging to the Tutor that is provided or shown to the Client shall belong to the Tutor.

VII. OBLIGATIONS

Tutor shall be fully prepared for each tutoring session by reviewing any material provided by the Client before any tutoring session. Tutor shall likewise prepare any materials that may be needed for the tutoring session.

Tutor shall keep all Client and Minor information confidential.

Tutor does not offer any promises or guaranteed with regard to the Tutoring Services. Client hereby acknowledges and agrees to the following:

a. Client is solely and exclusively responsible for the choices that Client makes in regard to the Tutoring Services or any changes to Minor's academic education, business, or life.

b. Tutor shall not be responsible for any actions or inaction Client and Minor choose to take.

c. Tutor is not liable for any result or non-result or any consequence in relation to Minor and Client's participation in the Tutoring Services.

VIII. LIMITATION OF LIABILITY

Except in cases of death or personal injury caused by either party's acts or negligence, either party's liability in contract, quasi-delict, or otherwise arising through or in connection with this Agreement or through or in connection with the completion of the obligations under Agreement shall be limited to the Fees paid by the Client to the Tutor.

To the extent it is lawful, neither party shall be liable to the other party in contract, quasi-delict, negligence, breach of statutory duty or otherwise for any loss, damage, costs, or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.

IX. INDEMNITY

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X. TERMINATION

This Agreement may be terminated by either party through a written notice:

a. if the other party commits a material breach of any term of this Agreement that cannot be remedied within Fourteen (14) Days or was not remedied within Fourteen (14) Days after a written request, such as non-payment or non-performance;

b. if the other party becomes unable to perform its duties hereunder, including the duty to pay or the duty to perform.

If this Agreement is terminated, Client hereby agreed so pay for all Tutoring Services rendered up to the date of termination.

Any termination shall not affect the accrued rights or liabilities of either party under this Agreement of the law and shall be without prejudice to any rights or remedies either party may be entitled to. Any provision or subpart of this Agreement which is meant to continue after the termination or come into force at or after termination shall not be affected.

XI. RELATIONSHIP OF THE PARTIES.

The Parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute an employment, partnership, joint venture, agency relationship, or otherwise between the Parties and that this Agreement is for the sole and express purpose of rendering the Tutoring Services by the Tutor to the Client under the terms and conditions contained herein.

XII. WRITTEN NOTICES

All notices that are required to be in writing and any other communication may be made through email at the Parties' respective email addresses as follows:

a. Tutor: ________

b. Client: ________

XIII. FORCE MAJEURE

Neither Party shall be liable for any failure to perform due to causes beyond its reasonable control including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, provided that the Party prevented from complying herewith shall take all actions within its power to comply as fully as possible.

Except when not reasonably possible, the Party prevented by force majeure shall notify the other Party in writing within 5 days from the occurrence of said force majeure. The Tutoring session shall be rescheduled at a date and time agreed upon by both Parties.

XIV. ASSIGNMENT

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in party by either Party.

XV. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS

The Parties agree to execute such other documents as are reasonable and necessary for the proper implementation of this Agreement.

XVI. APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

XVII. WAIVER

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XVIII. COUNTERPARTS

This Agreement may be executed in counterparts, all of which constitute a single agreement. If the dates set forth at the signatures of this document are different, the Agreement shall be considered effective as of the date that both Parties signed the Agreement.

XIX. SEVERABILITY

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.

XX. CUMULATIVE RIGHTS

The rights of the Parties under this Agreement and the law are cumulative and shall not be construed as exclusive unless otherwise required by law.

XXI. HEADINGS

Headings are for convenience only and do not affect the interpretation of this Agreement.

XXII. ENTIRETY OF AGREEMENT

This Agreement represents the entire agreement between the Tutor and the Client and supersedes all prior negotiations, representations, agreements, either oral or written.

XXIII. AMENDMENTS AND MODIFICATIONS

This Agreement may be amended only by a written instrument signed and agreed upon by both Parties.

IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and place first stated above.

________
Tutor

________
Client