Private Tutoring Agreement - Template, Sample Form Pro · US-law

PRIVATE TUTORING AGREEMENT

State of ________

This Private Tutoring Agreement (this “Agreement”) is entered into and made effective as of ________ (the “Effective Date”) by and between the following parties:

________ (the “Tutor”), an individual having a primary address at:

________
Email: ________
Telephone: ________

and ________ (the “Guardian”), an individual having a primary address at:

________
Email: ________
Telephone: ________

The Guardian is contracting under this Agreement for tutoring services to be provided for the following minor child: ________, date of birth ________ (the “Minor”). The Guardian represents and warrants that the Guardian is the parent or duly authorized legal guardian of the Minor and possesses full legal authority to enter into this Agreement on the Minor’s behalf. The Minor and the Guardian are collectively referred to throughout this Agreement as the “Client,” provided that all references to the Client shall be deemed to refer to the Guardian’s contractual representation of the Minor.

The Tutor and the Client may be referred to individually as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, the Client wishes to retain the Tutor to provide certain tutoring services, described more fully below;

WHEREAS, the Tutor possesses the skills, qualifications, and expertise required to provide such tutoring services to the Client; and

WHEREAS, the Tutor wishes to render such tutoring services to the Client upon the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

§ 1 – DEFINITIONS

As used in this Agreement:

(A) “Tutoring Services” means the following specific tutoring services that the Tutor will provide to the Client under the terms and conditions set forth herein:

________

(B) “Commencement Date” means the date on which the Tutor begins the Tutoring Services, which shall be ________.

(C) “Completion Date” means the date on which the Tutor will complete or cease the provision of the Tutoring Services to the Client, which shall be ________.

(D) “Fees” means the payment the Client will pay the Tutor for the rendering of the Tutoring Services, as follows:

$________ (________), as a fixed fee for all Tutoring Services rendered; or, if applicable, $________ per hour/session as set forth in § 4.

§ 2 – ENGAGEMENT AND SCOPE

Subject to the terms and conditions of this Agreement, the Tutor agrees to render the Tutoring Services to the Client, beginning on the Commencement Date and ending on the Completion Date, at the Location described below, and the Client agrees to pay the Tutor the Fees required for the Tutoring Services. The Tutor shall render the Tutoring Services in a professional, diligent, and workmanlike manner consistent with prevailing standards in the tutoring profession.

§ 3 – LOCATION

The Tutor will render the Tutoring Services at the following location (the “Location”):

________

§ 4 – SCHEDULE

The schedule of tutoring sessions (each, a “Session”) shall be as follows:

________

§ 5 – FEES AND PAYMENT

The Client agrees to pay the Tutor the Fees, as outlined elsewhere in this Agreement, for the provision of the Tutoring Services, subject to the following terms and conditions:

(A) Invoice Interval. The Tutor shall be entitled to invoice the Client at the following intervals: ________.

(B) Invoice Period. The Client shall pay each invoice within the following period from the invoice date:

________

(C) Method of Payment. The Tutor will accept the following forms of payment:

________

(D) Late Payment. If the Client does not pay the invoiced amount by the date stated in the invoice or as otherwise provided in this Agreement, the Tutor shall be entitled to:

(I) charge a late fee as follows:

________, provided that any such late fee or interest charge shall not exceed the maximum rate permitted by applicable law, and any amount in excess thereof shall be deemed reduced to such maximum lawful amount;

(II) require the Client to pay for the Tutoring Services, or any remaining part thereof, in advance; and/or

(III) suspend or cease performance of the Tutoring Services, in whole or in part, until payment is made, at the Tutor’s sole and reasonable discretion.

(E) Taxes. All charges payable under this Agreement are exclusive of any taxes, surcharges, or other amounts assessed by any state or federal governmental authority. Each Party shall be solely responsible for any taxes imposed upon or required to be paid by it.

§ 6 – CANCELLATION POLICY

(A) Cancellation by the Tutor. The Tutor may cancel a Session if a conflict arises. In such event, the Client shall be under no obligation to make payment for the cancelled Session. If the Tutor cancels after payment has been made, the payment shall be applied to a rescheduled Session at a time agreeable to both Parties. If rescheduling is not possible, the Client shall be refunded the full amount paid for the cancelled Session.

(B) Cancellation by the Client. The Client may cancel a Session by providing notice at least twenty-four (24) hours before the scheduled Session. If the Client cancels less than twenty-four (24) hours before the scheduled Session, any payment made for that Session shall be forfeited. The Tutor may, in its sole discretion, agree to refund or credit such amount but is under no obligation to do so.

§ 7 – LATE ARRIVALS

The Client’s late arrival to any Session shall not extend the scheduled time of that Session. The Client is expected to be on time for each Session, and no adjustment shall be made to the Fees for time lost due to the Client’s late arrival. If the Tutor arrives late, the Tutor shall compensate the Client by extending the affected Session, or a subsequent Session, by an equivalent amount of time as mutually agreed.

§ 8 – INTELLECTUAL PROPERTY

Any intellectual property provided by the Client to the Tutor to assist in the provision of the Tutoring Services shall remain the property of the Client. Any intellectual property belonging to the Tutor, including any materials, methods, or content provided or shown to the Client, shall remain the sole and exclusive property of the Tutor. No license or right of ownership in either Party’s intellectual property is granted except as expressly set forth herein.

§ 9 – OBLIGATIONS AND DISCLAIMER

The Tutor agrees to be reasonably prepared for each Session by reviewing any materials previously provided by the Client and to maintain the confidentiality of all Client information in accordance with § 11.

The Client agrees to undertake the work the Tutor identifies and to participate actively and in good faith in each Session.

The Tutor makes no promises, warranties, or guarantees regarding any particular academic result or outcome arising from the Tutoring Services. The Client acknowledges and agrees that:

(A) the Client is solely responsible for the choices the Client makes with regard to the Tutoring Services or any changes to the Client’s academic education;

(B) the Client is solely responsible for any action or inaction the Client chooses to take; and

(C) the Tutor shall not be liable for any result, non-result, or consequence arising from the Client’s participation in the Tutoring Services.

§ 10 – LIMITATION OF LIABILITY

Except in cases of death or personal injury caused by a Party’s negligence, or in cases of gross negligence, willful misconduct, or fraud, and to the maximum extent permitted by applicable law, each Party’s aggregate liability in contract, tort, or otherwise arising out of or in connection with this Agreement shall be limited to the total amount of Fees actually paid by the Client to the Tutor under this Agreement.

To the extent permitted by law, neither Party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages of any nature whatsoever, including without limitation any economic loss, data loss, loss of goodwill, or loss of turnover, profits, or business, even if advised of the possibility of such damages. Nothing in this Agreement shall limit any liability that cannot be limited or excluded under applicable law.

§ 11 – CONFIDENTIALITY

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

§ 12 – TERM AND TERMINATION

This Agreement shall commence on the Commencement Date and shall continue until the Completion Date, unless terminated earlier in accordance with this § 12.

(A) Either Party may terminate this Agreement for convenience at any time by providing not less than ________ prior written notice to the other Party.

(B) In the event of termination, the Client shall remain obligated to pay the Tutor for all Tutoring Services rendered up to and including the effective date of termination.

(C) Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches any term or condition of this Agreement and fails to cure such breach within ________ after receiving written notice of the breach.

(D) Upon termination, each Party shall return to the other Party any property, materials, or intellectual property belonging to the other Party that is in its possession or control.

§ 13 – RELATIONSHIP OF THE PARTIES

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

§ 14 – GENERAL PROVISIONS

(A) Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles, and any applicable federal law. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ County, State of ________, and agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive.

(B) Language. All communications and notices made or given pursuant to this Agreement shall be in the English language.

(C) Assignment. Neither this Agreement nor any rights or obligations hereunder may be assigned, sold, leased, or otherwise transferred, in whole or in part, by either Party without the prior written consent of the other Party.

(D) Amendments. This Agreement may be amended only by a written instrument signed by both Parties.

(E) No Waiver. No term of this Agreement shall be deemed waived by any act or acquiescence of either Party. A waiver shall be effective only if made in a written agreement. No waiver of any term shall constitute a waiver of any other term or of the same term on any future occasion. The failure of either Party to enforce any term of this Agreement shall not constitute a waiver of such term or any other term.

(F) Severability. If any provision of this Agreement is held to be unenforceable, this Agreement shall be deemed amended to the extent necessary to render such provision, and the remainder of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included.

(G) Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous understandings, whether written or oral, relating to its subject matter.

(H) Headings. Headings are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.

(I) Counterparts. This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute a single agreement.

(J) Force Majeure. Neither Party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil or military authorities, riots, embargoes, epidemics or pandemics, natural disasters, and other unforeseen events.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

(L) Background Verification. The Tutor represents that, to the extent required by applicable state law for individuals providing services to minors, the Tutor has satisfied any applicable background-check or screening requirements.

EXECUTION

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

TUTOR:

________

Signature: _________________________

Date: ________

GUARDIAN, as parent/legal guardian of the Minor, ________:

________

Signature: _________________________

Date: ________