This agreement is between:
(1) Saint Tutoring, LLC (the Company), a private limited liability company providing a service to clients located in the United States with its registered business address being in Miami, FL 33161
(2) The Tutor will provide educational services as a contractor, in consideration for the hourly wage of $30/hour. The Company will be acting for the Client (this may be the student, parent or guardian, or other party) and will pay the Tutor based on the wage stated at hiring.
*Note: “Client” may refer to a student or parent/guardian of a student (under 18 years of age).
**Note: Because the tutor is an independent contractor, the tutor is solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state, or local tax authority with respect to the performance of services and receipt of fees under this Agreement.
Description of Employment:
1.1 This is a Contract of employment between employee/contractor and employer.
1.2 In exchange for the hourly wage, the Tutor agrees from the date of acceptance of this Agreement until the termination hereof to be available to provide the services, at the request of the clients, at such times as are mutually convenient.
1.3 It is agreed that the Tutor shall at all times perform the services to the highest standard.
In particular the Tutor shall make every effort to:
a) Be punctual to all meetings (1-1 sessions, group sessions, team meetings, etc.) and when responding to communications.
b) Be presentable and dressed in an appropriate and respectable manner at all times(even if the session is conducted via an online platform).
c) Be polite, diligent and helpful. Never use profanity or sexual innuendo in front of a Client or Student, or make derogatory remarks about a Student. Any Tutor who does this will be removed from the team immediately.
d) Do all the necessary preparation for each 1-1 or group session.
e) Not to cancel sessions unless absolutely necessary. It should be noted that Tutors who repeatedly cancel lessons or fail to notify Clients of canceled lessons may be removed from the Team.
1.4 If for any reason the Tutor shall be delayed due to circumstances beyond his/her control, the Tutor agrees to contact all parties (the Company and/or the Client) to let them know (even if the Tutor will be as little as five minutes late). The Tutor agrees to make up this lost time where appropriate by staying longer than the allocated session or by making it up in the following session.
1.5 The Tutor must keep the Company and the Client informed of any issues or problems with each student taught, as and when they develop.
1.6 The Tutor agrees, so far as is reasonable, to be readily available by email and telephone with the Client to enable the Client to inform him/her of possible session hours and of any cancellations.
1.7 The Tutor agrees that once s/he has accepted the Client as a tutee, then the Tutor is committed to the specified times and dates for session meetings.
1.8 The Tutor shall, at the request of the Company or the Client (student, parent/guardian), provide any information regarding the student’s performance.
1.9 The Tutor shall keep an up-to-date record and schedule of all hours worked, and regarding the Student’s academic performance or exam success.
2.1 The Tutor accepts that the Company is providing an introductory role for the Client in which the Company:
a) Secures Client as a paying customer.
b) Requests feedback from the Tutor and Client to ensure the best Tutor/Client relationship.
c) Deals with the administration of the Client’s booking and payment for each session, and
d) Provides general liaison services on behalf of the Client as between the Client and the Tutor
2.2 The Tutor accepts that in providing the services described above the Company is acting as the agent of the Client and therefore the Tutor will accept all requests, instructions and communications from the Company that are made on behalf of the Client as if they came from the Client directly.
Payment and Cancellation Policy
3.1 For 1-1 Hourly Sessions it is agreed that the Tutor shall be paid the Hourly Rate of $30 for each hour of Services provided. For team meetings, any professional development meetings, or engaging in curriculum support/design, the Tutor shall be paid at the same rate of 30/hour.
Clients are labeled L (Late) if they are not present 10 minutes after the session is scheduled to begin.
Clients are labeled NS (no show) if they are not present 20 minutes after the session is scheduled to begin and have not provided advance notice to the Tutor/company about being late.
For clients who are no-shows (in person): Tutor will be compensated 60% of hourly rate.
For virtual clients who are no-shows, Tutor will be compensated 33% of the hourly rate.
Tutor can decide if he/she will wait additional minutes for the client to arrive but will not be compensated for any additional wait time.
Should the Tutor continue to wait and the client arrives, the session must end as scheduled for the Tutor in order to receive the hourly rate.
Any session beginning after the 20th minute of wait time will not count towards the prepaid client session(s). If the Tutor decides to Tutor the client anyways, that is at their own discretion; however, the Tutor will not be compensated as that session will now be deemed “CANCELED”.
3.2 For Hourly Sessions, it is agreed that the Client may elect to change Tutors after the first lesson if in the reasonable opinion of the Client or Student the Tutor is unsuitable. The Tutor may also elect to decline further lessons at this stage if in the reasonable opinion of the Tutor the Client’s requests are unreasonable.
3.3 The Company will pay the Tutor according to the following pay schedule for each calendar month provided all Tutoring hours have been appropriately logged into the Tutor Log and none of these hours have been challenged by the Client.
Pay cycle from 1st-15th of the month: Payroll will be processed and sent within 5 business days from the 15th.
Pay cycle from 16th-30th/31st of the month: Payroll will be processed and sent within 5 business days from the 30th/31st.
3.4 The Company strongly advises that the Tutor keep a personal log of sessions to avoid any potential misunderstanding or disputes.
3.5 The Tutor shall not approach the Client directly in relation to payment matters.
3.6 The Tutor agrees that if in any instance a payment is made directly between themselves and any Client(s), whether they be current or former Client(s), then any outstanding payments will be withheld from the Tutor by the Company and full monies owing to the Company will be pursued in full from the Tutor. The Tutor shall be liable for any costs incurred by the Company in this regard.
3.7 The Tutor shall be responsible for all travel expenses (if not conducting online sessions). If the Tutor wishes to be compensated for travel expenses by the Client, then the Company will undertake discussions with the Client to that end but cannot guarantee such expenses.
Any changes that are made will be announced with a written notice sent via email and will be applied to the pay period that follows the date the announcement was made.
3.8 The Company will advise the Tutor if a Client has not paid and is in arrears with their account. In this case, the Company recommends that the Tutor does not deliver the any sessions until The Company confirms payment by the Client. If the Tutor decides to go ahead with the knowledge that the Client has not paid for previous sessions, the risk of non-payment rests solely with the Tutor. If the Company is unable to secure payment for that session, the Company is not liable for the Tutor’s hourly wage. The Company has a clear payment policy for Clients and will pursue for monies owing.
4.1 The Tutor has represented that s/he is skilled to teach the subjects as per the resume provided to the Company and by provision of academic transcripts/certifications/licenses. Any breach of this clause shall entitle the Company to terminate the Tutor’s employment immediately.
4.2 The Tutor agrees at all times during and after his/her provision of the Services not to disclose to others any confidential information or knowledge pertaining to the business affairs and operations of the Company, including but not limited to trade know-how, trade secrets, client lists, information about other tutors/Tutor(s), information about any Client(s) and their family/ies, pricing policies, operational methods, marketing plans or strategies, future plans, and business acquisition and/or expansion plans. This clause is subject to the proviso, however, that any disclosure compelled by law or legal process does not constitute a breach or violation of this clause, and neither shall any information be deemed confidential or secret for purposes of this Agreement if it is generally known in the industry.
4.3 The Tutor agrees at all times during and after her/his provision of services to maintain discretion regarding the Student, Client, their home or family.
Intellectual Property Ownership (Curriculum Design & Support):
5.1 Work Product: The Tutor agrees that any work, materials, or content created, developed, or produced in connection with the curriculum design services ("Work Product") for the Company shall be the exclusive property of the Company.
5.2 Assignment of Rights: The Tutor hereby assigns, transfers, and conveys to the Company all rights, title, and interest in and to the Work Product, including, but not limited to, copyright, trademark, trade secret, and any other intellectual property rights.
5.3 Waiver of Rights: The Tutor waives and releases any and all rights, claims, or interests in the Work Product, including any moral rights, and agrees not to assert any such rights against the Company or its successors, assigns, or licensees.
5.4 Permitted Use: The Company shall have the exclusive right to use, modify, reproduce, publish, distribute, publicly display, and publicly perform the Work Product for any purpose, including but not limited to copyrighting, publicizing, or selling the materials.
5.5 Confidentiality: The Tutor shall treat all materials and information related to the curriculum design services as confidential and shall not disclose or use such information for any purpose other than the performance of the services.
5.6 Survival: The provisions of this section shall survive the termination or expiration of this Agreement.
Saint Tutoring, LLC. acts as an agent on behalf of the Client and the Tutor providing introductions for clients and students to Tutors and vice versa. It also collects fees from the Client on behalf of the Company. Tutors do not collect fees.
Tutors are free to provide instruction to students or clients not introduced to the Tutor by Saint Tutoring. Tutors must not make private arrangements with clients or students introduced by The Saint Tutoring Team as this could put the Client in a breach of contract situation with Saint Tutoring where he or she is liable to pay a fee. If a Tutor makes a private arrangement with a client, Saint Tutoring will remove the Tutor from our roster of Tutors and not provide any further assignments. In the case where clients or students introduced by Saint Tutoring refer Tutors to other clients or students, including friends and siblings, Tutors may only provide instruction to these clients or students if they do so through Saint Tutoring. Clients are prohibited by contract from entering into private agreements with Tutors introduced by the Company.
Tutors must not bill or invoice clients directly or accept payments from clients or students introduced by Saint Tutoring.
As an employee or contractor of the Company, I give my permission for photographs or video recording taken of me in connection with any tutoring activity for promotional and business purposes. I give permission for such photographs to be used for any lawful purpose, including for example such purposes as publicity, illustration, advertising, newspaper articles and web content, etc. Employee/Contractor name and any personal information will be redacted at the request of the employee.
I have read this contract provided by Saint Tutoring, LLC. and agree to all of the items listed in each section of the contract.