AMERICAN TUTORS AND HOMESCHOOL PARTNERS TUTOR CONTRACT
(PLEASE READ CONTRACT BELOW AND SUBMIT YOUR AGREEMENT INFORMATION).
Tutor Contract to be signed by tutors before profile is published on americantutors.org.
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AMERICAN TUTORS AND HOMESCHOOL PARTNERS TUTOR CONTRACT
AMERICAN TUTORS AND HOMESCHOOL PARTNERS INDEPENDENT TUTOR AGREEMENT Last Updated: 6/5/2022. This is a legal and binding agreement (“Agreement”) between American Tutors and Homeschool Partners, DBA as Carolina Teachers Alliance, Inc., a North Carolina nonprofit corporation (“American Tutors)” and you (“Independent Tutor”). The parties expressly agree to enter into this Agreement by electronic means within the meaning of the North Carolina Uniform Electronic Transactions Act. (2000-152, s. 1.) (“NCUETA”). In this Agreement, the terms “we”, “us” or “our” refers to American Tutors. The term “User” or “Users” or “Student” or “Students” refers to any student(s) who is seeking or who obtains tutoring from American Tutors. The term “Website” or “Site” refers to American Tutors’ website platform at americantutors.org. The Site (Americantutors.org) is operated by American Tutors. The term “Independent Tutors” (in the plural) refers to you and other independent tutors who use the Website to be matched to a Student(s).
1. Services. The Website is an online marketplace that provides services to match Students with Independent Tutors. Students use our Site to search for and book tutoring services including individualized tutoring sessions with Independent Tutors in various subject areas. These individualized tutoring sessions occur between Independent Tutor and Student online, or in-person by agreement between Independent Tutor and Student. Students pay for Independent Tutors’ services through our Site, and American Tutors pays Independent Tutors after deducting a 15% platform fee from Independent Tutors’ completed session rates, from the hourly rate specified by Independent Tutor in this Agreement. American Tutors provides online space for all Independent Tutors to market themselves to potential Students, and it provides a booking and payment system to Independent Tutors, along with User payment system for tutoring sessions. American Tutors collects Independent Tutors’ fees from Students on the Site billed at the hourly rates specified by Independent Tutors. Independent Tutor executing this Agreement hereby represents and agrees that his/her hourly rate will be the hourly rate specified in this Agreement.
4. Agreements of Independent Tutor. Independent Tutor agrees to uphold American Tutors’ vision of an unbiased and academically sound education for all children. Independent Tutor further agrees not to promote or include in any tutoring session to any Student any kind of non-academic political content (including without limitation “critical race theory,” “social/emotional learning,” or socialism or communism) or any political theory incompatible with American Democracy as set out in the United States Constitution. Independent Tutor also agrees not to survey any Student (or Students) on their political opinions, as prohibited in United States federal law, Pupil Protection Rights Amendment Act (PPRA) https://studentprivacy.ed.gov/faq/what-protection-pupil-rightsamendment-ppra. Independent Tutor agrees to abide by all content in PPRA to protect student privacy. Independent Tutor agrees to refrain from promoting sexual content or materials, including gender-identity content or materials to any Student, as outlined in PPRA. Independent Tutor agrees to focus strictly on academic content useful to each Student during tutoring sessions, and to avoid non-academic social issues or political content in tutoring sessions with each Student. Independent Tutor agrees to abide by the laws of the United States of America and uphold the United States Constitution. Independent Tutor agrees to avoid meeting with any minor Student at a private location unless the Student’s parent or guardian is present during the tutoring session. Independent Tutor agrees to maintain a professional appearance and attitude at all times that Independent Tutor is interacting with a Student (or a Student’s parent(s)) and to treat every Student (and his or her parent(s)) with dignity and respect. American Tutors reserves the right to inspect and monitor all content provided by Independent Tutor to any Student on or through the American Tutors Site.
5. Description of Independent Tutor. Independent Tutor operates an independent tutoring business providing tutoring services to Students and is utilizing American Tutors’ platform for connecting with Students to provide such services. Independent Tutor acknowledges that he / she is not an employee of American Tutors and doses not render any services to American Tutors, but instead is considered retained directly by the Students. Independent Tutor will provide American Tutors with Independent Tutor’s social security number on a W9 form prior to American Tutors’ publicizing Independent Tutor’s profile. Independent Tutor represents and agrees that by executing this Agreement, Independent Tutor is not an American Tutors’ Course Instructor, since Course Instructor contracts are prepared separately from Independent Tutor Contracts.
6. American Tutors’ Permission to Independent Tutor to Use American Tutors’ Marketplace. Independent Tutor represents and agrees that American Tutors operates an American Tutors and Homeschool Partners Independent Tutor Contract – Page 3 Internet-based marketplace allowing individuals seeking the services of a tutor to identify and retain the services of individuals who provide tutoring services. By entering into this Agreement, Independent Tutor seeks permission to access American Tutors’ marketplace for the express purpose of promoting his/her services, subject to the terms and conditions set forth in this Agreement. Independent Tutor may not advertise or offer to sell any goods or services for any commercial purpose on the Site that are not directly related to the provision of tutoring services on an independent basis.
7. Non-exclusivity. Independent Tutor and American Tutors represent and agree that this Agreement is a nonexclusive agreement. During the term of this Agreement, Independent Tutor is free to engage in any other work or business, whether or not related to tutoring or other instruction. However, Independent Tutor may not engage in private tutoring services to any Student obtained via the American Tutors Site outside of the American Tutors Site platform. Independent Tutor represents and agrees that Independent Tutor will not attempt to circumvent American Tutors and seek or receive compensation for services provided hereunder directly from any Student obtained through American Tutors.
8. Policies of Independent Tutor. Independent Tutor shall set his or her own hours and schedule its own sessions with each Student. Independent Tutor represents and agrees to determining his or her own cancellation policy in the event a Student cancellation or noshow for a session, and to post the policy on his or her American Tutors profile page.
9. Platform Fee. Independent Tutor shall exclusively determine its own tutoring session rate. Independent Tutor expressly agrees to pay a fee of 15% to American Tutors for the use of the Site (“Platform Fee”) and authorizes American Tutors to deduct the Platform Fee directly from the payments collected from Students by American Tutors on Independent Tutor’s behalf. Independent Tutor agrees that under no circumstances will Independent Tutor attempt to seek or receive compensation for services provided hereunder directly from any Student.
10. Tutor Payment system. Independent Tutor agrees to abide by American Tutors’ Tutor Payment Policies outlined below: a. Independent Tutor will verify with American Tutors that the prospective Student has submitted appropriate billing information to American Tutors, prior to scheduling a session. b. Upon completion of each tutoring session, Independent Tutor shall, on the American Tutors Site, report the length of such session and a session summary, to enable American Tutors to initiate collection of Independent Tutor’s fees. The lesson summary shall be a one-sentence summary of the lesson activities. Lessons and summaries must be logged immediately upon completion of each session, and sent to the student via our system. c. American Tutors shall pay Independent Tutor at the hourly rate specified in this Agreement, less the 15% platform fee paid to American Tutors. Independent Tutor must log completed sessions in their account as specified under 10c. above to receive payment. American Tutors and Homeschool Partners Independent Tutor Contract – Page 4 d. Independent Tutor must provide their Paypal Business Account email address in their account with American Tutors to be paid. Payments from American Tutors to Independent Tutors are made within one week of Tutor’s completed tutoring session, provided that the Tutor has sent their required session summary to the student in their account with American Tutors. Students are not charged for the session until after the Tutor submits the session summary to the Student in our system. e. Taxes. Independent Tutor is responsible for all federal, state, and/or local taxes due as a result of the services provided hereunder by Independent Tutor. American Tutors shall not withhold (or allocate in any other manner) any amount of Independent Tutor’s taxes toward any federal, state, or local income tax, or toward any payroll tax of any kind.
11. Supplies. Independent Tutor represents and agrees that American Tutors will not provide any supplies, materials or equipment required by Independent Tutor to complete any services rendered to any Student pursuant to this Agreement. However, American Tutors will provide a Site online platform live session tool for Independent Tutor use, should Independent Tutor so choose. Independent Tutor is not required to use American Tutors’ online platform live session tool. Details concerning this opportunity are provided to Independent Tutors in their account after onboarding.
12. Expenses. Independent Tutor represents and agrees that American Tutors will not reimburse Independent Tutor for any expenses incurred by Independent Tutor, any expenses related to Independent Tutor’s rendering of services to any Student obtained through American Tutors’ Website, including without limitation, expenses associated with preparing for and administering sessions, educational and other materials, and transportation to and from any Student’s home or other location where tutoring takes place.
13. Insurance and Benefits. No Workers’ Compensation Insurance shall be obtained by American Tutors for or on behalf of Independent Tutor. Independent Tutor understands that it is Independent Tutor’s responsibility to comply with any applicable Workers’ Compensation Law. Independent Tutor further understands it is Independent Tutor’s responsibility to obtain any other insurance coverage applicable to the services Independent Tutor provides hereunder. Independent Tutor represents and agrees that Independent Tutor is an independent contractor and not employed by American Tutor and is not (and shall at no time become) eligible to participate in any pension, health, or other fringe benefit plan of American Tutors.
14. Confidentiality. Independent Tutor acknowledges that, during the performance of services, Independent Tutor will have access to information relating to a Student’s identity, address, contact information, and other personal information or requests for services (“Confidential Information”). Independent Tutor agrees that Independent Tutor owes a duty to each of Independent Tutor’s Students, during the term of this Agreement and thereafter, to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the services provided hereunder.
15. Tutor documents. Independent Tutor acknowledges that a copy of all documents created by or received from Independent Tutor in connection with the services performed American Tutors and Homeschool Partners Independent Tutor Contract – Page 5 hereunder (“Tutor Documents”) may be retained by American Tutors and used solely for administrative and/or record-keeping purposes.
16. Indemnity and hold harmless clause. Independent Tutor agrees to indemnify and hold harmless American Tutors, its subsidiaries, affiliates, other independent contractors and their respective directors, officers, employees and agents, from and against any and all claims, losses, expenses, costs, liabilities and damages (including any legal fee and expenses), any and all injuries, whether direct, consequential or incidental in nature, which result from, are connected with or arise out of the performance by Independent Tutor of work performed pursuant to this Agreement, including any act by Independent Tutor inconsistent with Independent Tutor’s obligations and duties under this Agreement. Independent Tutor understands that American Tutors offers an Internet-based marketplace for prospective Students to connect with prospective tutors. Accordingly, American Tutors makes no representations to Independent Tutor about the suitability, character or background of any American Tutors User (including, without limitation, Students or their parents/guardians). American Tutors recommends that its contracted Independent Tutors consent to a basic criminal background check, however it is not required. All Tutors on the American Tutors site have agreed to a criminal background check if requested by American Tutors. Copyright Assignment. American Tutors does not claim ownership of content that Independent Tutor provides on the Site including, but not limited to, articles, lessons, worksheets, tutorials, files, testimonials, reviews, video submissions, and blog entries (“Site Content”). Unless otherwise stated herein, any Site Content that Independent Tutor provides in connection with the Site that is posted in publicly accessible areas of the Site shall be deemed to be provided on a non-confidential basis. The content submitted or made available for inclusion on the publicly accessible areas of American Tutors And Homeschool Partners, DBA Carolina Teachers Alliance Inc.’s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a contracted Independent Tutor with American Tutors and shall terminate at such time when you are no longer a contracted Independent Tutor with us. Publicly accessible areas of the Site include any area where Tutors are communicating with and/or providing tutoring services to Students.
17. Assignment. Independent Tutor may not assign or transfer this Agreement without the express prior written consent of American Tutors.
18. Academic Dishonesty. In connection with any Student that Independent Tutor tutors as a result of learning about said Student through the Site, Independent Tutor represents and agrees that Independent Tutor will not engage in any academic dishonesty. American Tutors and Homeschool Partners Independent Tutor Contract – Page 6
20. Independent Tutor’s Obligations Upon Termination by Independent User or by American Tutors. Independent Tutor represents and agrees that upon termination – either by Independent Tutor or by American Tutors – Independent Tutor may no longer provide any tutoring services to any User (or Users) or collect any fees for any educational support services provided by Independent Tutor to any User (or Users) for a period of two (2) years. Independent Tutor further represents and agrees that should American Tutors learn that Independent Tutor has violated the above provision – and collected fees for tutoring or provided any other educational support services from any User (or Users) within two (2) years after termination – Independent Tutor will be contractually obligated to pay all such fees (not only a fifteen percent (15%) platform fee) to American Tutors. Independent Tutor further represents and agrees that should the above occur, Independent Tutor will be obligated to pay a liquidated damages payment to American Tutors equal to an additional twenty percent (20%) of all fees earned, which the parties represent and agree is the parties’ best estimate of potential damages that American Tutors may incur, should Independent Tutor continue to tutor or provide educational services to a Student (or Students) after Independent Tutor’s termination. American Tutors and Homeschool Partners Independent Tutor Contract – Page 7
21. Amendment. This Agreement may only be amended or modified by a writing which makes express reference to this Agreement as the subject of such amendment and which is signed by Independent Tutor and a duly authorized officer of American Tutors. The parties agree that any amendment or modification hereunder may be transacted by electronic means within the meaning of the North Carolina Uniform Electronic Transactions Act. (2000-152, s. 1.) (“NCUETA”) amendments or modifications otherwise comply with the requirements in this paragraph.
22. Severability. If any term, provision, covenant or condition of this Agreement or part thereof, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and all such terms, provisions, covenants, or conditions shall remain in full force and effect, and any such invalid, unenforceable or void term, provision, covenant or condition shall be deemed, without further action on the part of the parties hereto, modified, amended and limited to the extent necessary to render the same and the remainder of this Agreement valid, enforceable and lawful.
24. Governing law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, without regard to conflict of law rules.
26. Entire agreement. This Agreement contains the entire agreement and understanding between the parties hereto in respect to the subject matter hereof and supersedes, cancels and annuls any prior or contemporaneous written or oral agreements, understandings, commitments, and practices between them respecting the subject matter hereof, including all prior agreements, if any, between American Tutors and Independent Tutor, which agreement(s) hereby are terminated and shall be of no further force or effect.