Free Tutoring Contract

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Contract, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Tutor (individually the "Party" and collectively the "Parties" to this Contract) agree as follows:

1. Services Provided
   
1. The Client hereby agrees to engage the Tutor to provide the Client with the following tutoring services (the "Tutoring Services"):
   
   • _______________________________________________________________
     _______________________________________________________________
     _______________________________________________________________.
     
2. The Tutor will provide the Tutoring Services in one 30 minute session. The Parties will confirm the date and time of the session subsequent to the execution of this Contract.
   
3. The Tutoring Services will be held remotely, as follows: _______________________________________________________________
   
4. The Tutoring Services will also include any other tutoring tasks which the Parties may agree on. The Tutor hereby agrees to provide such Tutoring Services to the Client.
   
5. Students
   
5. The Client agrees to hire the Tutor to provide the Tutoring Services to a minor child in accordance with the provisions of this Contract.
   
6. Duty of Care
   
6. The Tutor accepts a general duty of care wherever reasonable and necessary in relation to the provision of Tutoring Services to minors under this Contract.
   
7. Term of Contract
   
7. The term of this Contract (the "Term") will begin upon execution of this Contract and will remain in full force and effect until the completion of the Tutoring Services, subject to earlier termination as provided in this Contract. The Term may be extended with the written consent of the Parties.
   
8. In the event that either Party breaches a material provision of this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
   
9. Cancellation of Sessions
   
9. Should the Tutor need to cancel the tutoring session, the Tutor will provide notice to the Client at the earliest opportunity prior to the tutoring session and must give preference to the Client when rebooking the tutoring session. The Tutor will return any amount paid for any tutoring session cancelled by the Tutor that is not able to be rebooked within a reasonable amount of time.
   
10. Limitation of Liability
    
10. It is understood and agreed that the Tutor will have no liability to the Client, or to any other party, for any loss or damage (whether direct, indirect, or consequential) which may arise from the provision of the Tutoring Services.
    
11. The Tutor undertakes to provide the Tutoring Services to the best of their ability; however, the Client understands that the Tutor accepts no responsibility for the Student’s performance.
    
12. Compensation
    
12. The Tutor will charge the Client for the Tutoring Services at the rate of $___________ per hour (the "Compensation").
    
13. The Client will be invoiced every month.
    
14. Invoices submitted by the Tutor to the Client are due within 30 days of receipt.
    
15. The Compensation as stated in this Contract does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
    
16. Reimbursement of Expenses
    
16. The Tutor will be reimbursed for reasonable and necessary expenses incurred by the Tutor in connection with providing the Tutoring Services. Pre-approval is not required for expenses.
    
17. Intellectual Property
    
17. All intellectual property and related material provided by the Tutor to the Client in relation to this Contract (the "Intellectual Property") will be the property of the Tutor. The Client is granted a non-exclusive limited-use license of this Intellectual Property, such use being limited to use related to the Tutoring Services provided under the Contract.
    
18. Confidentiality
    
18. The Tutor will keep all Client information confidential in accordance with the applicable privacy and consumer protection laws.
    
19. The Client agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any trade secrets which the Client has obtained, except as authorized by the Tutor or as required by law. The obligations of confidentiality will apply during the term of this Contract and will survive indefinitely upon termination of this Contract.
    
20. All written and oral information and material disclosed or provided by the Tutor to the Client under this Contract is confidential information regardless of whether it was provided before or after the date of this Contract or how it was provided to the Client.
    
21. Relationship of the Parties
    
21. In providing the Tutoring Services under this Contract it is expressly agreed that the Tutor is acting as an independent contractor and not as an employee. The Tutor and the Client acknowledge that this Contract does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Tutor during the Term. The Tutor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Tutor under this Contract.
    
22. Autonomy
    
22. Except as otherwise provided in this Contract, the Tutor will have full control over their own preparation time, methods, and decision making in relation to provision of the Tutoring Services in accordance with the Contract. The Tutor will work autonomously and not at the direction of the Client. However, the Tutor will be responsive to the reasonable needs and concerns of the Client.
    
23. Equipment
    
23. Except as otherwise provided in this Contract, the Tutor will provide at the Tutor’s own expense, any and all equipment, software, materials and any other supplies necessary to deliver the Tutoring Services in accordance with the Contract.
    
24. The Student will bring all necessary equipment, software, materials, or other supplies they need to participate in the Tutoring Services.
    
25. No Exclusivity
    
25. The Parties acknowledge that this Contract is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Tutoring Services.
    
26. Notices
    
26. All notices, requests, demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered to the Parties at the following addresses:
    
    • ______________________
      _______________________________________________________________
      ___________________________
      
    • ______________________
      _______________________________________________________________
      ___________________________
      

    or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, (c) the following day after being deposited with an overnight courier, (d) the same day when sent by email between the hours of 9:00 a.m. - 5:00 p.m. in the recipient's time zone, or (e) the next day when sent by email after the hours of 9:00 a.m. - 5:00 p.m. in the recipient's time zone.

27. Indemnification
    
27. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
    
28. Modification of Contract
    
28. Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
    
29. Time of the Essence
    
29. Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
    
30. Assignment
    
30. The Tutor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Contract without the prior written consent of the Client.
    
31. Entire Agreement
    
31. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
    
32. Titles/Headings
    
32. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
    
33. Gender
    
33. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
    
34. Governing Law
    
34. This Contract will be governed by and construed in accordance with the laws of the State of Ohio.
    
35. Severability
    
35. In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
    
36. Waiver
    
36. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.